Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p56
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 56/63)
Character Range: 152592–155363

Penalty: $500.

18.39  Production of licences to Competent Authority
 (1) The Competent Authority may, by written notice, require a person to whom a licence has been granted to produce the licence to the Authority.
 (2) The person must produce the licence to the Competent Authority within 14 days after the day when the notice is given to the person.
Penalty: $500.

18.40  Seizure of licences etc
 (1) An authorised officer to whom a licence is produced for inspection may seize the licence if the officer reasonably believes:
 (a) the licence has been cancelled or suspended; or
 (b) the licence period has ended; or
 (c) the licence has been varied and the variation is not recorded on the licence; or
 (d) the person who produces the licence is not the licensee.
 (2) An authorised officer to whom a document that appears to be a licence is produced for inspection may seize the document if the officer reasonably believes that the document is not a licence.
 (3) An authorised officer must give a seized licence or document to the Competent Authority.

18.41  Return of licences
 (1) This regulation applies if a licence is produced to the Competent Authority or given to the Authority by an authorised officer.
 (2) If the licence has not been cancelled and is not suspended, the Competent Authority must return the licence after inspecting it.
 (3) If the licence has been suspended, the suspension has ended and a replacement licence is not issued, the Competent Authority must return the licence to the licensee.
 (4) If the licence has been varied, the variation is recorded on the licence and a replacement licence is not issued, the Competent Authority must return the licence to the licensee.
 (5) However, if the licence period has ended, the Competent Authority is not required to return the licence to the licensee.

Part 19—Cancellation, suspension and variation

19.1  Meaning of licence and licensee in Part
  In this Part:
licence means a bulk driver or bulk vehicle licence.
licensee means the holder of a licence.

19.2  Cancellation, suspension and variation in dangerous situations
 (1) This regulation applies if the Competent Authority reasonably believes that:
 (a) a ground exists to:
 (i) cancel or vary an administrative determination or approval; or
 (ii) cancel, suspend or vary a licence; and
 (b) it is necessary to take action mentioned in paragraph (a) to avoid, eliminate or minimise a dangerous situation.
 (2) The Competent Authority must:
 (a) cancel or vary the 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