41Disciplinary action

#### 41 Disciplinary action 41 Disciplinary action > > (1) This Division enables the Secretary to take disciplinary action against a licensee or certified driver. > > > (2) In accordance with this Division, the Secretary may do any of the following— > > > > > (a) in the case of a licence or drivers certificate granted for a term of 1 year or less—suspend the licence or drivers certificate for a specified period, > > > > > (a1) in the case of a licence or drivers certificate granted for a term of 3 or 5 years—suspend the licence or drivers certificate for a specified period and, when the suspension ends, reduce the period for which the licence or drivers certificate is in force so that it will cease to be in force on the next anniversary of its issue (and refund fees accordingly), > > > > > (b) permanently revoke a licence or drivers certificate, > > > > > (c) disqualify a licensee or certified driver from holding a licence or drivers certificate for a specified period, > > > > > (d) impose a fine not exceeding $500 on a licensee or certified driver, > > > > > (e) give a direction under section 84 to a licensee or certified driver, > > > > > (f) caution or reprimand a licensee or certified driver. > > > (2A) Despite subsection (2), the Secretary must cancel a licence or drivers certificate if disciplinary action is taken on the grounds referred to in section 42(2). > > > (3) In deciding whether to take disciplinary action under this Division, the Secretary may— > > > > > (a) conduct an inquiry under section 80, or > > > > > (b) invite the licensee or certified driver concerned to show cause, by way of a written submission, as to why the Secretary should not take any such action. > > > (4) However, the Secretary is not required to conduct any such inquiry, or to invite the licensee or certified driver concerned to show cause, if the Secretary is of the opinion that it is in the public interest that the Secretary take immediate disciplinary action under this Division. > > > (5) If any written submissions are made by a licensee or certified driver in accordance with subsection (3)(b), the Secretary must, before taking disciplinary action under this Division, take those submissions into consideration. > > > (6) The Secretary is not prevented from taking disciplinary action under this Division merely because the licensee or certified driver concerned is subject to criminal or civil proceedings that relate to the same matters or incident to which the disciplinary action relates. > > > (7) A reference in this Division to a licensee or certified driver includes a reference to a former licensee, or former certified driver, respectively. > > **s 41:** Am 2008 No 83, Sch 1 \[12\]; 2009 No 23, Sch 3.8 \[6\]; 2017 No 22, Sch 1.22 \[3\] and \[9\]; 2020 No 30, Sch 1.47\[2\].