32The Secretary may cancel or suspend a tow truck licence

32 The Secretary may cancel or suspend a tow truck licence

S. 32(1) amended by No. 49/2019 s. 140(Sch. 2 item 23(a)).

(1) The Secretary may cancel or suspend a tow truck licence if—

(a) the holder of the licence has not complied with a condition of the licence; or

S. 32(1)(b) amended by Nos 6/2010 s. 203(1) (Sch. 6 item 1.2) (as amended by No. 45/2010 s. 22), 30/2013 s. 60(Sch. item 2.3(a)).

(b) the holder of the licence has not complied with a provision of this Act, the Road Safety Act 1986, the Transport (Compliance and Miscellaneous) Act 1983 or regulations made under this Act or those Acts; or

S. 32(1)(c) inserted by No. 30/2013 s. 60(Sch. item 2.3(b)).

(c) the holder of the licence has not complied with a provision of the Heavy Vehicle National Law (Victoria) or the national regulations.

S. 32(2) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(2) If the Secretary determines under subsection (1) to suspend a licence, the Secretary must determine the period for which the licence is to be suspended.

S. 32(3) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(3) Before taking action under subsection (1), the Secretary must—

S. 32(3)(a) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(a) give the holder of the licence written notice of the action that the Secretary proposes to take and of the reasons for taking that action; and

S. 32(3)(b) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(b) allow the holder of the licence to make written representations about the intended action within 10 business days (or any other period that the Secretary and the holder of the licence agree on); and

(c) must have regard to any written representations made within the time specified in paragraph (b).

S. 32(4) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

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

S. 32(5) amended by No. 49/2019 s. 140(Sch. 2 item 23(c)(i)).

(5) The Secretary must—

(a) give the holder of the licence—

(iii) if the licence is suspended, the period of the suspension; and

S. 32(5)(b) amended by No. 49/2019 s. 140(Sch. 2 item 23(c)(ii)).

(b) notify the holder of the licence that the person has a right to seek review of the Secretary's decision under Division 11.

S. 32(6) amended by No. 49/2019 s. 140(Sch. 2 item 23(a)).

(6) The Secretary must give the details, the statement of reasons and notice under subsection (5) in writing.