36Application for internal review

36 Application for internal review

(1) An affected person may apply to the registration authority in writing for an internal review of a decision by the registration authority: (a) not to register a heavy vehicle under subregulation 7(2), 16(1) or 22(2); or (b) to impose or vary a condition on the registration of a heavy vehicle under subregulation 22(3) or 22(4); or (c) not to renew the registration of a heavy vehicle under subregulation 26(7); or (d) not to register the transfer of registration of a heavy vehicle under subregulation 30(1) or 30(3); or (e) to suspend or cancel the registration of a heavy vehicle under regulation 33; or (f) not to exempt a heavy vehicle from the requirement to be registered under subregulation 38(5); or (g) not to issue a short term unregistered vehicle permit for a heavy vehicle under subregulation 39(2). (2) Despite paragraph (1)(e), an internal review of a decision of a registration authority to suspend or cancel registration of a heavy vehicle under paragraph 33(e) or 33(f) does not permit review of: (a) the guilt or innocence of a registered operator to which that paragraph relates; or (b) the imposition of a penalty or the level of a penalty imposed on a registered operator to which that paragraph relates. (3) An application for internal review must be made within 28 days after the affected person is notified of the decision. (4) An application for internal review must be considered by a person other than the person who made the decision to be reviewed. (5) After considering an application for internal review, the registration authority must: (a) affirm the decision; or (b) vary the decision; or (c) revoke the decision. (6) The registration authority must notify an affected person in writing of its decision within 28 days after the request for internal review is received by the authority. (7) A decision subject to internal review under this regulation is taken to be affirmed by the registration authority if that authority has not given written notice of its decision to the affected person within 28 days of application being made under subregulation (1).