20BReview by the Tribunal

20B Review by the Tribunal (1) A person may apply to the Tribunal for a review of— (a) a reviewable decision made by the Authority; or (b) a decision made, or taken to have been made, by the Authority under section 20A in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision)— if the person is an eligible person in relation to the reviewable decision. S. 20B(1A) inserted by No. 66/2008 s. 12(1). (1A) However, a person may only apply to the Tribunal for a review of a reviewable decision made by the Authority under the regulations if— (a) the person is an eligible person in relation to the reviewable decision; and (b) a review has been conducted in the prescribed manner by the Authority as a result of which— (i) the reviewable decision has been confirmed; or (ii) an earlier decision has been set aside and the reviewable decision has been made in place of the earlier decision. (2) The application must be made— (a) if the decision is to forfeit a thing (including a document) seized under Part II, within 28 days after the day on which the decision first came to the applicant's notice; or S. 20B(2)(ab) inserted by No. 66/2008 s. 12(2). (ab) if the decision is made under the regulations, within 14 days after the person received notice of the confirmation of the decision or the new decision, as the case may be; or (b) in the case of any other decision, within 14 days after the day on which the decision first came to the applicant's notice; or (c) if the Authority is required by the **Victorian Civil and Administrative Tribunal Act 1998** to give the applicant a statement of reasons, within 14 days after the day on which the applicant is given the statement— whichever period ends last. Part III—Licences 21 Licences S. 21(1) amended by No. 13/1996 s. 22(g). (1) Where a person is required by the regulations to hold a licence, the Authority may issue a licence to that person. S. 21(2) amended by No. 66/2008 s. 13. (2) A person who does not hold a licence and who carries out any action (other than an action to which section 21AA(9) refers) in respect of which a licence is required by the regulations to be held by that person is guilty of an offence. S. 21(3) amended by No. 13/1996 s. 22(g). (3) Where the regulations require the occupier of premises containing a prescribed quantity or class of dangerous goods to hold a licence, the Authority may require the applicant for such a licence— S. 21(3)(a) amended by No. 13/1996 s. 22(g). (a) to carry out such investigations, including hazard analysis studies and risk evaluation studies, as the Authority thinks fit; S. 21(3)(b) amended by No. 13/1996 s. 22(g). (b) to carry out any such studies to a standard acceptable to the Authority and in such detail as the Authority may direct; and S. 21(3)(c) amended by No. 13/1996 s. 22(g). (c) where the Authority is not satisfied with the standard, content or detail of any such studies carried out by the applicant, to bear the costs of further investigations to be carried out by consultants appointed by the Authority. S. 21(4) amended by No. 13/1996 s. 22(g). (4) Subject to subsection (5), a licence shall, unless previously suspended or revoked, remain in force for the prescribed period and may be renewed by the Authority for a prescribed period on receipt by the Authority of a written application for renewal from the licensee. S. 21(5) amended by No. 13/1996 s. 22(g). (5) Where on application by a licensee another licence of the same class as that which the licensee already holds is issued to that licensee and— (a) the applicant requests; or S. 21(5)(b) amended by No. 13/1996 s. 22(g). (b) the Authority determines— that the other licence be issued for a period expiring on the date on which the licence or licences already held expires or expire, then that other licence, unless previously suspended or revoked, shall remain in force for such period as the Authority thinks fit. S. 21(5A) inserted by No. 48/1989 s. 11, amended by No. 13/1996 s. 22(g). (5A) The Authority must decide an application for issue or renewal of a licence within a reasonable period. S. 21(6) amended by No. 13/1996 s. 22(g). (6) The Authority may refuse to issue a licence or to renew a licence— S. 21(6)(a) amended by No. 13/1996 s. 22(g). (a) where the Authority believes that the risk of injury or damage to persons or property which may be incurred by an accident involving dangerous goods is too great in the circumstances to justify the issue or renewal; or S. 21(6)(b) amended by No. 13/1996 s. 22(g). (b) where the Authority considers that the applicant is not a suitable person to hold the licence. S. 21(7) amended by No. 13/1996 s. 22(g). (7) Where the Authority decides to refuse to issue or renew a licence, the Authority shall send by post to the applicant written notice of the refusal setting out the reasons for the refusal. S. 21(8) amended by No. 13/1996 s. 22(g). (8) A notice under subsection (7) shall be sent no less than two months before the expiry date of the licence unless the application for renewal is received by the Authority less than two months before the expiry date of the licence. S. 21AA inserted by No. 66/2008 s. 14. 21AA Failure to hold licence and other offences relating to the transport of dangerous goods (1) This section does not apply in relation to a HCDG licence or an explosives licence. (2) A prime contractor must not use a vehicle to transport dangerous goods (other than as the driver of the vehicle) if— 1. If the failure results in death or serious injury to a person— (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or (c) in the case of an individual, 500 penalty units; or (d) in the case of a body corporate, 2500 penalty units. (3) For the purposes of subsection (2), ***prime contractor***, in respect of the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road. (4) An offence against subsection (2) is an indictable offence. Note to s. 21AA(4) amended by No. 68/2009 s. 97(Sch. item 44.5). (5) A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know that— 1. In the case of a natural person, 100 penalty units; In the case of a body corporate, 500 penalty units. (6) A person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods if the other person is required by the regulations to be licensed to drive the vehicle and is not so licensed. 1. If the failure results in death or serious injury to a person— (a) in the case of an individual, 500 penalty units or imprisonment for 2 years; or (c) in the case of an individual, 500 penalty units; or (d) in the case of a body corporate, 2500 penalty units. (7) An offence against subsection (6) is an indictable offence. Note to s. 21AA(7) amended by No. 68/2009 s. 97(Sch. item 44.6). (8) A person must not drive a vehicle transporting dangerous goods if— (9) A person must not drive a vehicle transporting dangerous goods if— (a) the regulations require the person to be licensed to drive the vehicle; and (b) the person is not licensed under the regulations. S. 21A inserted by No. 67/2004 s. 7.