128Immediate suspension of accreditation

128 Immediate suspension of accreditation

S. 128(1) amended by No. 49/2019 s. 140(Sch. 2 item 109(a)).

(1) Despite section 127, the Secretary may suspend a tow truck driver accreditation without serving a disciplinary notice if the Secretary believes on reasonable grounds that it is in the public interest, having regard to the driver accreditation objective, that the accreditation held by the person be suspended before a decision is made to take disciplinary action in relation to the person.

S. 128(2) amended by No. 49/2019 s. 140(Sch. 2 item 109(b)).

(2) The Secretary, on being satisfied that the holder of a tow truck driver accreditation—

(a) has been charged with an offence listed in clause 1 of Schedule 2 and the charge has not been finally disposed of, must suspend the accreditation;

(b) has been charged with an offence listed in clause 2 or 3 of Schedule 2 and the charge has not been finally disposed of, may suspend the accreditation.

S. 128(3) amended by No. 49/2019 s. 140(Sch. 2 item 109(a)).

(3) If the Secretary has decided to suspend an accreditation under subsection (1) or (2), the Secretary must serve on the person a notice (an immediate suspension notice) suspending the accreditation.

(4) An immediate suspension notice must set out the reasons for the suspension.

(5) A suspension under this section has effect on the service of the immediate suspension notice.

S. 128(6) amended by No. 40/2011 s. 7.

(6) If a tow truck driver accreditation has been suspended under subsection (1), the suspension ceases to have effect—

(a) if a decision is made to take disciplinary action under section 124, on the coming into effect of the disciplinary action; or

S. 128(6)(b) amended by No. 49/2019 s. 140(Sch. 2 item 109(a)).

(b) if the Secretary reinstates the accreditation, on the date of the re-instatement; or

(c) if—

(i) a disciplinary notice has not been served on the accredited person; and

(ii) the accreditation of the person has not been reinstated—

within 14 days of service of the immediate suspension notice, on the day immediately following the expiry of that period.

(7) If a tow truck driver accreditation has been suspended under subsection (2), the suspension ceases to have effect—

(a) if the person charged with the offence is found not guilty or the charge is withdrawn or discharged, on the date of that finding, withdrawal or discharge; or

S. 128(7)(b) amended by No. 49/2019 s. 140(Sch. 2 item 109(a)).

(b) if the Secretary re-instates the accreditation, on the date of the re-instatement; or