Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The road transport authority may take the following action under this regulation in relation to a person's authorisation:
(a) cancel the authorisation and disqualify the person from applying for authorisation for not longer than 2 years;
(b) cancel the authorisation for a class of vehicles and disqualify the person from applying for authorisation for that class for not longer than 2 years;
(c) suspend the authorisation for not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation for not longer than 1 year;
(d) suspend the authorisation for a class of vehicles for not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation for that class for not longer than 1 year;
(e) if the authorisation is already suspended—do either of the following:
(i) cancel the authorisation (completely or for a class of vehicles) and disqualify the person from applying for authorisation (completely or for a class of vehicles) for not longer than 2 years;
(ii) suspend the authorisation (completely or for a class of vehicles) for an additional period of not longer than 1 year and, if the authority considers appropriate, disqualify the person from applying for authorisation (completely or for a class of vehicles) for a period, or an additional period, of not longer than 1 year.
(2) If the road transport authority proposes to take action under this regulation in relation to a person's authorisation, the authority must give the person a notice that—
(a) states the proposed action, including any proposed suspension (or additional suspension) period and any proposed period of disqualification (or additional disqualification) from applying for authorisation; and
(b) states the grounds for the proposed action; and
(c) invites the person to make written representations, within a stated period of at least 14 days after the person is given the notice, why the proposed action should not be taken.
Note The notice must also be in accordance with the code of practice for notification of reviewable decisions and review rights (see s 91 of the Road Transport (General) Act 1999 and Schedule 1 to the Road Transport (General) Regulations 2000 ).
(3) If, after considering any written representations made by the person within the stated period, the road transport authority is satisfied on reasonable grounds that a ground mentioned in regulation 124 exists to take action under this regulation, the authority may take the following action:
(a) if the proposed action included cancelling the person's authorisation—either cancel the authorisation or suspend the authorisation (completely or for a class of vehicles) for not longer than 1 year;
(b) if the proposed action included cancelling the person's authorisation for a class of vehicles—either cancel the authorisation, or suspend the authorisation for not longer than 1 year, for that class;
(c) if the proposed action included suspending the authorisation for a stated period or stated additional period—suspend the authorisation for not longer than that period;
(d) if the proposed action included suspending the authorisation for a class of vehicles for a stated period or stated additional period—suspend the authorisation for that class for not longer than that period;
(e) if the proposed action included disqualifying the person from applying for authorisation for a stated period or stated additional period—disqualify the person from applying for authorisation for not longer than that period (completely or for a class of vehicles);
(f) if the proposed action included disqualifying the person from applying for authorisation for a class of vehicles for a stated period or stated additional period—disqualify the person from applying for authorisation for that class for not longer than that period.
(4) The road transport authority must tell the person in writing of the decision.
(5) If the road transport authority decides to cancel or suspend the authorisation (completely or for a class of vehicles), or disqualify the person from applying for authorisation (completely or for a class of vehicles), the authority must also tell the person in writing when the cancellation, suspension or disqualification takes effect.
(6) A cancellation or suspension must not take effect earlier than 7 days after the person is told about the decision.
(7) If the road transport authority suspends a person's authorisation, the person is, during the suspension—
(a) taken not to be an authorised examiner; and
(b) disqualified from applying for authorisation as an examiner.
(8) If the road transport authority suspends a person's authorisation for a class of vehicles, the person is, during the suspension—
(a) taken not to be an authorised examiner for that class; and
(b) disqualified from applying for authorisation as an examiner for that class.