Div 4Cancellation, suspension and variation of licences

Division 4—Cancellation, suspension and variation of licences 30—Interpretation licence means a dangerous goods driver licence or dangerous goods vehicle licence; vary a licence means— (a) vary or revoke a condition of the licence; or (b) impose a further condition on the licence. 31—Variation of licence on application (1) The Competent Authority may, on application by the holder of a licence, vary the licence. (2) An application for the variation of a licence must be accompanied by the licence. 32—When licence taken to be suspended (1) A dangerous goods driver licence is taken to be suspended for any period for which the holder's driver licence has no effect. (2) A dangerous goods vehicle licence for a vehicle that was a registered vehicle on the grant of the licence is taken to be suspended in relation to the vehicle for any period for which the vehicle is not so registered. 33—Grounds for cancelling, suspending or varying licence (1) The Competent Authority may cancel, suspend (for a period not exceeding 12 months) or vary a dangerous goods driver licence if satisfied that— (a) the application for the grant or renewal of the licence did not comply with these regulations or was false or misleading in a material respect; or (b) the licensee is unsuitable to continue to be the driver of a vehicle transporting dangerous goods (or to so continue without a variation of the licence) because— (i) the licensee has contravened— (A) a provision of Part 4 of the Act or these regulations; or (B) a provision of a corresponding law; or (ii) the licensee has been found guilty by a court in Australia of an offence; or (iii) the licensee's driver licence has been cancelled; or (iv) the licensee is suffering from a medical condition, or has a physical or mental disability. (2) The Competent Authority may cancel, suspend (for a period not exceeding 12 months) or vary a dangerous goods vehicle licence if satisfied that— (a) the application for the grant or renewal of the licence did not comply with these regulations or was false or misleading in a material respect; or (b) the vehicle does not comply with the Act or these regulations. (3) The Competent Authority may vary a licence for any other good reason. (4) The Competent Authority must, before cancelling, suspending or varying a licence under this regulation, give to the licensee a written notice that— (a) states what the proposed action is; and (b) if the proposed action is to suspend the licence—states what the proposed suspension period is; and (c) if the proposed action is to vary the licence—sets out the proposed variation; and (d) sets out the ground for the proposed action; and (e) outlines the facts and other circumstances forming the basis for the ground; and (f) invites the licensee to state in writing, within a specified period of at least 28 days after the day the notice is given to the licensee, why the proposed action should not be taken. (5) Notice is not required under subregulation (4) if, in the opinion of the Competent Authority, the cancellation, suspension or variation of the licence is necessary to avoid, eliminate or minimise a dangerous situation. (6) The Competent Authority may, by written notice to the licensee, shorten the period of a suspension of a licence. 34—Cancellation and suspension giving effect to court order The Competent Authority must cancel or suspend a licence as necessary to give effect to a court order prohibiting the licensee from involvement in the transport of dangerous goods by road. 35—When cancellation, suspension and variation take effect (1) The cancellation, suspension or variation of a licence by the Competent Authority takes effect on— (a) the day the licensee is given written notice by the Competent Authority of the cancellation, suspension or variation; or (b) a later day specified in the notice. (2) The Competent Authority must inform the licensee in writing of the reasons for the cancellation, suspension or variation.