Heavy Vehicle National Law (NSW)
473Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative
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473 Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative
473 Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative
(1) Each of the following is a ground for amending, suspending or cancelling a heavy vehicle accreditation granted under this Law—
(a) the accreditation was granted because of a document or representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;
(b) the holder of the accreditation has contravened a condition of the accreditation;
(c) the holder of the accreditation, or an associate of the holder, has been convicted of—
(i) an offence against this Law or a previous corresponding law; or
(ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere;
(d) since the accreditation was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the accreditation and, had the changed circumstances existed when the accreditation was granted, the Regulator would not have granted the accreditation, or would have granted the accreditation subject to conditions or different conditions;
(e) for a maintenance management accreditation or mass management accreditation—
(i) public safety has been endangered, or is likely to be endangered, because of the accreditation; or
(ii) road infrastructure has been damaged, or is likely to be damaged, because of the accreditation;
(f) for a BFM accreditation or AFM accreditation—public safety has been endangered, or is likely to be endangered, because of the accreditation;
(g) the Regulator considers it necessary in the public interest.
(2) If the Regulator considers a ground exists to amend, suspend or cancel a heavy vehicle accreditation granted under this Law (the proposed action), the Regulator must give the holder of the accreditation a notice—
(a) stating the proposed action; and