114The Secretary may vary, revoke or impose new conditions

114 The Secretary may vary, revoke or impose new conditions

S. 114(1) amended by No. 49/2019 s. 140(Sch. 2 item 98(a)).

(1) The Secretary may from time to time on its own initiative or on the written application of the holder of the tow truck driver accreditation—

(a) vary or revoke a condition imposed by it on the accreditation; or

(b) impose a new condition on the accreditation.

S. 114(2) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(2) If the Secretary decides on its own initiative to take action under subsection (1), the Secretary must—

S. 114(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(a) give the holder of the tow truck driver accreditation written notice of the action that the Secretary is considering taking; and

S. 114(2)(b) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(b) allow the holder of the tow truck driver accreditation to make written submissions about the intended action within 10 business days of receiving the notice (or any other period that the Secretary and the accredited person agree on); and

(c) consider any submission that was made by the holder of the tow truck driver accreditation within the period set out in paragraph (b).

S. 114(3) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(3) Subsection (2) does not apply if the Secretary considers it necessary to take immediate action in the interests of public safety.

S. 114(4) amended by No. 49/2019 s. 140(Sch. 2 item 98(c)(i)).

(4) The Secretary must, in writing—

(a) give to the holder of the tow truck driver accreditation—

S. 114(4)(b) amended by No. 49/2019 s. 140(Sch. 2 item 98(c)(ii)).

(b) notify the holder of the tow truck driver accreditation that the person has a right to seek review of the Secretary's decision under section 133.