Accident Towing Services Act 2007
126Procedure for taking disciplinary action
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126 Procedure for taking disciplinary action
S. 126(1) amended by No. 49/2019 s. 140(Sch. 2 item 107).
(1) If the Secretary proposes to take disciplinary action against a person under section 124, the Secretary must serve on that person a notice (a disciplinary notice) that—
S. 126(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 107).
(a) states the action being considered by the Secretary (including any possible period of suspension or disqualification from applying for a tow truck driver accreditation); and
S. 126(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 107).
(b) states the grounds as to why the Secretary is considering taking action; and
(c) invites the person to make a written submission within a stated period as to why such action should not be taken.
(2) For the purposes of subsection (1)(c), the period stated in the disciplinary notice must be a period of at least 28 days after the day on which the disciplinary notice is served on the accredited person.
S. 126(3) amended by No. 49/2019 s. 140(Sch. 2 item 107).
(3) If the person that the Secretary is considering taking disciplinary action against provides a written submission to the Secretary within the period stated in the disciplinary notice, the Secretary must consider the written submission before making any decision to take disciplinary action against that person.
S. 127 amended by No. 49/2019 s. 140(Sch. 2 item 108).