NSWIn ForceAct
Tow Truck Industry Act 1998
45Application to Civil and Administrative Tribunal for administrative review
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#### 45 Application to Civil and Administrative Tribunal for administrative review
45 Application to Civil and Administrative Tribunal for administrative review
> > (1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any of the following decisions—
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> > > (a) the refusal or failure by the Secretary to grant a licence or drivers certificate to the person,
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> > > (a1) the granting of a licence or drivers certificate to the person that is of a shorter duration than that for which the person applied,
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> > > (b) a condition imposed by the Secretary in relation to a licence or drivers certificate granted to the person,
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> > > (c) the suspension or revocation of a licence or drivers certificate granted to the person,
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> > > (d) the disqualification of the person from holding a licence or drivers certificate,
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> > > (e) the imposition of a fine on the person,
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> > > (f) the giving of a direction under section 84 to the person.
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> > (1A) In determining an application for an administrative review of a decision to refuse to grant an application for a licence or a drivers certificate on the grounds referred to in section 18(2)(e) or 26(2)(f), respectively, or to cancel a licence or drivers certificate under section 41(2A), the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002))—
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> > > (a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any criminal intelligence, and
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> > > (b) in order to prevent the disclosure of any criminal intelligence, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review and the applicant’s representative and of any other interested party,
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> > unless the Commissioner of Police approves otherwise.
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> > (2) For the purposes of this section, an application for the grant of a licence or drivers certificate is taken to have been refused if the licence or drivers certificate is not granted within 90 days after the application is made in accordance with this Act.
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> **s 45:** Am 2008 No 83, Sch 1 \[13\]; 2009 No 23, Sch 3.8 \[9\]; 2013 No 95, Sch 2.145 \[2\]–\[4\].