23Procedure for cancellation or modification on Regulator’s initiative

23 Procedure for cancellation or modification on Regulator’s initiative

23 Procedure for cancellation or modification on Regulator’s initiative

(1) If the Regulator considers a ground mentioned in section 22 exists to cancel or modify a PBS design approval or PBS vehicle approval (the proposed action), the Regulator must give the holder of the approval a notice—

(a) stating the proposed action; and

(b) stating the ground for the proposed action; and

(c) outlining the facts and circumstances forming the basis for the ground; and

(d) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

(2) If, after considering all written representations made under subsection (1)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to cancel the approval—cancel the approval; or

(b) if the proposed action was to modify the approval—modify the approval, including, for example, by imposing additional conditions on the approval.

(3) The Regulator must—

(a) give the holder an information notice for the decision to cancel or modify the approval; and

(b) notify the road authority for each participating jurisdiction of the cancellation or modification.

(4) The cancellation or modification takes effect—

(a) when the information notice is given to the holder; or

(b) if a later time is stated in the information notice, at the later time.