Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18pk
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18PK
Character Range: 182672–184492

18PK  Application to contract out the operation of the public weighbridge

 (1) This section applies if, during the term of a public weighbridge licence:
 (a) the public weighbridge licensee enters into, or proposes to enter into, a contract with another person to operate the public weighbridge (the contractor); and
 (b) the public weighbridge licensee did not apply for the public weighbridge licence on the basis that the contractor would operate the public weighbridge.

 (2) The public weighbridge licensee may apply to the Secretary to amend the public weighbridge licence to state the person who will operate the public weighbridge after the contract or variation takes effect.

 (3) The application:
 (a) must be in writing in the form approved by the Secretary; and
 (b) must include a copy of the contract or proposed contract; and
 (c) must include any information about the contractor, or proposed contractor, that the public weighbridge licensee would have to have given to the Secretary if the licensee had applied for the public weighbridge licence on the basis that the contractor would operate the public weighbridge; and
 (d) must be accompanied by the application fee prescribed for the purposes of this paragraph.

 (4) The Secretary must, after considering the application:
 (a) grant the application and amend the public weighbridge licence to include the name of the contractor; or
 (b) refuse the application.
The Secretary must notify the public weighbridge licensee in writing of the decision.

 (5) The Secretary must refuse an application under subsection (2) if the Secretary would have had to refuse an application under section 18PC if the public weighbridge licensee were applying for a public weighbridge licence on the basis that the contractor would operate the public weighbridge.