Document ID: chunk:federal_register_of_legislation:C2004A00931:clause:1_13d
Version: federal_register_of_legislation:C2004A00931
Segment Type: clause
Provision Reference: sch 1 cl 13D
Character Range: 11501–13272

13D  Grant of approval

Grant

 (1) The Minister may, by writing, grant a registered automotive workshop an approval to place a plate on a used imported vehicle if, having regard to a report in relation to the vehicle that is given to the Minister by the workshop, the Minister is satisfied that it is appropriate to grant the approval.

Determinations

 (2) A report referred to in subsection (1) must be in such form, and contain such information, as is determined in writing by the Minister.

 (3) The Minister must, by writing, determine guidelines that apply to the making of decisions under subsection (1). The Minister must comply with these guidelines in making such decisions.

Approval a matter of public record

 (4) An approval under subsection (1) must specify that it is a matter of public record.

Conditions of approval

 (5) An approval under subsection (1) is subject to any conditions specified in the approval.

Breach of conditions

 (6) The holder of an approval under subsection (1) is guilty of an offence if:
 (a) the holder intentionally takes an action or omits to take an action; and
 (b) the action or omission contravenes a condition of the approval; and
 (c) the holder knows that the action or omission contravenes the condition or is reckless as to whether or not the action or omission contravenes the condition.

Penalty: 60 penalty units.

Refusal

 (7) If the Minister refuses to grant the approval, the Minister must give written notice of the refusal to the workshop. The notice must include a statement of the reasons why the approval was refused.

Disallowable instruments

 (8) A determination under subsection (2) or (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.