323Procedure for authority taking disciplinary action

323 Procedure for authority taking disciplinary action (1) If the road transport authority proposes to take action under this section in relation to a person’s service authority, the authority must give the person a notice (a disciplinary notice) that— (a) states the proposed action (including any proposed period of suspension or disqualification from applying for a service authority of a particular kind); and (b) if the person holds more than 1 kind of service authority—states the service authority or service authorities to which the proposed action relates; and (c) states the grounds for the proposed action; and (d) invites the person to make written representations within a stated period why the proposed action should not be taken.

(2) For subsection (1) (d), the period stated in the disciplinary notice must be— (a) if the disciplinary notice includes an immediate suspension notice under section 324—a period of at least 14 days after the day the person is given the notice; or (b) in any other case—a period of at least 28 days after the day the person is given the notice. (3) In deciding whether to take action under this section, the road transport authority must consider any response given to the authority in accordance with subsection (1) (d). (4) If the road transport authority is satisfied that grounds for taking action under this section have been established, the authority may take any of the following actions: (a) if the proposed action included cancelling the service authority—cancel the service authority, suspend the service authority for a period of not longer than 1 year or impose a condition on, or amend a condition of, the service authority; (b) if the proposed action included suspending the service authority for a stated period or a stated additional period—either suspend the service authority for a period of not longer than that period or impose a condition on, or amend a condition of, the service authority; (c) if the proposed action included disqualifying the person from applying for a service authority of that kind for a stated period or stated additional period—either disqualify the person from applying for a service authority of that kind for not longer than that period or impose a condition on, or amend a condition of, the service authority;

(d) if the proposed action included imposing a condition on, or amending a condition of, the service authority—impose a condition on, or amend a condition of, the service authority that is no more onerous than the proposed condition or a condition as proposed to be amended; (e) if the proposed action included ordering the person to pay an amount of money to the Territory—order the person to pay to the Territory an amount of not more than that amount; (f) in any case—direct the person to undertake particular training or reprimand the person. (5) If the road transport authority decides to cancel or suspend the service authority, disqualify the person from applying for a service authority or impose or amend a condition on the service authority, the internal review notice about the decision must include a statement about when the cancellation, suspension, disqualification, condition or condition as amended takes effect. Note A decision to take action under this section is an internally reviewable decision (see Road Transport (General) Act 1999, s 90, def internally reviewable decision and Road Transport (General) Regulation 2000, sch 1), and the road transport authority must give an internal review notice to the person (see Road Transport (General) Act 1999, s 91). (6) A cancellation, suspension, condition or condition as amended takes effect on— (a) the 7th day after the day the internal review notice about the cancellation, suspension or condition is given to the person; or (b) if the notice states a later date of effect—the stated date. (7) An amount ordered to be paid under subsection (4) (e) is a debt owing to the Territory. (8) If the debt is owed by 2 or more people, their liability for the debt is joint and several.