14Consultation requirements

14 Consultation requirements

Reg. 14(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(a)).

(1) Before imposing a condition on an industry accreditation or a tow truck driver accreditation under regulation 10(2), 12 or 13(1), the Secretary—

(a) must cause a notice to be published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria; and

(b) must consider all comments and submissions received in response to the notice within the period specified in the notice.

(2) A notice under subregulation (1) must—

(a) outline the proposed condition; and

(b) state where a copy of the proposed condition may be obtained or inspected; and

(c) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.

Reg. 14(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(b)).

(3) In addition to subregulation (1), the Secretary may give the notice to any person who the Secretary believes may be affected by the proposed condition.

Reg. 14(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(c)).

(4) If the Secretary imposes a condition under regulation 10(2), 12 or 13(1), the Secretary must immediately publish on a website maintained by the Department details of the condition.

(5) A condition imposed under regulation 10(2), 12 or 13(1) must be one that promotes the safe, timely, efficient and law abiding provision of accident towing services.

Reg. 14(6) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(d)).

(6) The Secretary is not required to cause a notice to be published under subregulation (1) if the Secretary certifies in writing that the proposed condition is less onerous or not materially different from a previous condition.

Reg. 14(7) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(a)).

(7) If the Secretary imposes a condition under regulation 10(2), 12 or 13(1), it must immediately notify the affected accredited persons in writing and specify the time within which the condition must be completed.