86Consideration of application, notification and decision

86 Consideration of application, notification and decision

Reg. 86(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(1) After considering an application for a reduced disqualification or suspension, the Secretary may grant a reduced disqualification or suspension and impose any special conditions under regulation 87 if the Secretary is satisfied that—

(a) the person would have been eligible for a reduced period if the person had resided in or remained in the relevant jurisdiction; and

Reg. 86(1)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(b) if appropriate, suitable special conditions can be imposed on the person that, in the opinion of the Secretary, are readily enforced and administered in Victoria.

Reg. 86(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(2) If the Secretary is not satisfied of the matters specified in subregulation (1), the Secretary must refuse the application.

Reg. 86(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(b)).

(3) The Secretary must give written notice of the Secretary's decision under subregulation (1) or (2) to a person who has made an application under regulation 85 stating—

(a) if a reduced disqualification or suspension has been granted—

(i) details of the reduced disqualification or suspension granted and the date on which it will take effect; and

(ii) details of any special conditions and the period for which they are to apply; and

(b) if the application has been refused, the reasons for the decision; and

(c) that the person has a right under Part 5 to apply within 28 days after receiving the notice to have the decision reviewed.

Reg. 86(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(4) For the purposes of section 23A of the Act, the Secretary may grant a driver licence or learner permit to a person despite the operation of that section, if regulation 85 applies to the person and the Secretary grants a reduced disqualification or suspension under that regulation.