Document ID: chunk:federal_register_of_legislation:F2016C00706:clause:2_26
Version: federal_register_of_legislation:F2016C00706
Segment Type: clause
Provision Reference: sch 2 cl 26
Character Range: 74200–76176

26  Application for internal review
 (1) An affected person may apply to the driver licensing authority in writing for an internal review of a decision by the authority:
 (a) not to take into account some or all of the period the person has held a licence to drive a motor vehicle in another country under clause 3(9); or
 (b) not to grant an application for the issue, variation or renewal of a driver licence under clauses 6(1) or 20(4); or
 (c) to vary, suspend or cancel the person's driver licence under clause 23(1); or
 (d) that the person is no longer exempt from the requirement to hold a driver licence under paragraph 31(2)(e) or 31(2)(f).
 (2) Despite paragraph (1)(c), an internal review of a decision of a driver licensing authority to suspend or cancel a driver licence under paragraph 23(1)(e) does not permit review of:
 (a) the guilt or innocence of the person to whom that paragraph relates; or
 (b) the imposition of a penalty or the level of a penalty imposed on a person to whom that paragraph relates.
 (3) An application must be made within 28 days after the person is notified of the decision.
 (4) An application for internal review must be considered by a person other than the person who made the decision to be reviewed.
 (5) After considering an application for review, the driver licensing authority must:
 (a) affirm the decision; or
 (b) vary the decision; or
 (c) revoke the decision.
 (6) The driver licensing authority must notify an affected person in writing of its decision within 28 days after the request for internal review is received by the authority.
 (7) A decision subject to internal review under this supporting principle is taken to be affirmed by the driver licensing authority if that authority has not given written notice of its decision to the affected person within 28 days of application being made under clause (1).
 (8) The making of an application for internal review does not affect the operation of the decision.