15ASuspension or cancellation of vehicle tester authorisations[[3]](#endnote-4)

15A Suspension or cancellation of vehicle tester authorisations[[3]](#endnote-4)

S. 15A(1) amended by No. 49/2019 s. 116(Sch. 1 item 23(a)).

(1) The Secretary may, in accordance with the regulations, suspend for 30 days or more or cancel an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the Secretary is of the opinion that—

(a) the person has ceased to be a fit and proper person to hold the authorisation; or

(b) the person's premises are no longer suitably equipped to carry out examinations and tests; or

(c) none of the person's employees is qualified to carry out examinations and tests; or

(d) any provision of the regulations which applies in respect of authorised persons and the testing of vehicles has not been complied with.

S. 15A(1A) inserted by No. 74/2013 s. 11(1), amended by Nos 5/2016 s. 17, 49/2019 s. 116(Sch. 1 item 23(b)).

(1A) If the authorisation of a person is cancelled under subsection (1), the Secretary may, in accordance with the regulations, disqualify the person from applying for a further authorisation under regulations made under item 9 of Schedule 2.

S. 15A(2) amended by No. 49/2019 s. 116(Sch. 1 item 23(b)).

(2) The Secretary may, in accordance with the regulations, immediately suspend until the charge has been determined an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the person is charged with—

(a) an offence involving violence or the threat of violence; or

(b) theft or an offence involving deception or fraud; or

(c) an offence against paragraph (e) or (f) of section 61(1); or

(d) an offence involving the risk of injury to the public—

and may, in accordance with the regulations, cancel the authorisation if the person is convicted of any such offence.

S. 15A(3) amended by No. 49/2019 s. 116(Sch. 1 item 23(b)).

(3) The Secretary may, in accordance with the regulations, suspend for 3 months an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the person incurs 12 or more demerit points within any 3 year period.

(4) The circumstances in which demerit points are incurred or cancelled and the number of points incurred are as prescribed.

S. 15A(5) amended by Nos 74/2013 s. 11(2), 49/2019 s. 116(Sch. 1 item 23(b)).

(5) The holder of an authorisation granted under regulations made under item 9 of Schedule 2 may appeal to the Magistrates' Court against a decision of the Secretary to suspend or cancel that authorisation or to disqualify the holder of the authorisation from applying for a further authorisation.