Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p57
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 57/63)
Character Range: 155098–157910

determination or approval; or
 (b) cancel, suspend or vary the licence.

19.3  Cancellation and suspension giving effect to court orders
  The Competent Authority must cancel an administrative determination, or cancel or suspend a licence, if the person to whom the determination applies, or the licensee, is prohibited by a court order from involvement in the transport of dangerous goods by road.

19.4  Variation of administrative determinations and approvals on application
 (1) This regulation applies if:
 (a) an application is made to vary an administrative determination, approval or licence; and
 (b) for an administrative determination or approval—the application is made in accordance with regulation 17.1 by the person to whom the determination applies or the approval is given; and
 (c) for a licence—the application is made by the licensee and has the licence with it.
 (2) The Competent Authority may vary the determination, approval or licence in accordance with the application.

19.5  Cancellation, suspension and variation in other circumstances
 (1) This regulation applies if:
 (a) the Competent Authority considers that a ground exists to do any of the following (the proposed action):
 (i) cancel an administrative determination or approval;
 (ii) cancel or suspend a licence;
 (iii) vary an administrative determination, approval or licence; and
 (b) regulations 19.2, 19.3 and 19.4 do not apply to the proposed action.
 (2) The Competent Authority must give to the person to whom the determination applies or the approval was given, or the licensee, a written notice that:
 (a) states the proposed action; and
 (b) if the proposed action is to vary the determination, approval or licence—states the proposed variation; and
 (c) if the proposed action is to suspend the licence—states a proposed suspension period of not longer than 12 months; and
 (d) states the ground for the proposed action; and
 (e) outlines the facts and other circumstances forming the basis for the ground; and
 (f) invites the person to state in writing, within a stated time of at least 28 days after the day when the notice is given to the person, why the proposed action should not be taken.
 (3) If, after considering any written statement made within the stated time, the Competent Authority reasonably believes that a ground exists to take the proposed action, the Authority may:
 (a) if the proposed action is to cancel the determination or approval—cancel or vary the determination or approval; or
 (b) if the proposed action is to cancel the licence—cancel or vary the licence or suspend it for not longer than 12 months; or
 (c) if the proposed action is to suspend the licence for a stated period—suspend the licence for not longer than the stated period; or
 (d) if the proposed action is to vary the