National Transport Commission (Road Transport Legislation – Vehicle Standards) Regulations 2006
43Decisions may be reconsidered
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43 Decisions may be reconsidered
(1) The following decisions of the Authority are decisions to which this regulation applies:
| Column 1Item | Column 2Provision under which decision made | Column 3Brief description of decision |
|---|---|---|
| 1 | regulation 25(1) | decision not to give an exemption |
| 2 | regulation 25(1) | decision to amend or revoke an exemption on application |
| 3 | regulation 25(1) | decision to give an exemption for a period if the applicant did not seek the exemption for a period or sought the exemption for a longer period |
| 4 | regulation 25(1) | decision to give an exemption subject to a condition not sought by the applicant for the exemption |
| 5 | regulation 35(3) | decision to amend or revoke an exemption other than on application. |
(2) A person affected by a decision to which this regulation applies (the initial decision) may ask the Authority in writing to reconsider the decision. (3) The request must be made within: (a) 28 days after the person or someone else was told in writing of the initial decision, and given written reasons for the decision, by the Authority; or (b) any longer period allowed by the Authority.
Note: Under regulation 26, the applicant for an exemption, or for amendment or revocation of an exemption, must be told of the Authority’s decision. Under regulation 35, the holder of an exemption given by the Authority must be told of a decision by the Authority, other than on application, to revoke or amend the exemption.
(4) The request must state the decision sought by the person and outline why the decision should be made. (5) Within 28 days after receiving the request, the Authority must reconsider the initial decision and: (a) confirm the decision; or (b) amend the decision; or (c) set the decision aside and substitute a new decision. (6) The Authority must tell the person in writing of the result of the reconsideration and, if the Authority does not make the decision sought by the person, give the person written reasons for its decision.