sec.21Grounds for amending, suspending or cancelling operator accreditations— Act , s 38

sec.21 Grounds for amending, suspending or cancelling operator accreditations— Act , s 38

For section 38 (g) of the Act , the following grounds are prescribed for amending, suspending or cancelling an operator accreditation— the holder of the accreditation has not complied with— a condition of the accreditation; or a condition of a temporary holding yard approval in effect for the accreditation; none of the following apply in relation to an authorised holding yard for the accreditation— the holding yard is owned or leased by the holder of the accreditation only or, if the holder is a partnership, 1 or more of the partners in the partnership only; the holding yard is also an authorised holding yard for another operator accreditation and is owned or leased by the holder of the other accreditation only or, if the holder of the other accreditation is a partnership, 1 or more of the partners in the partnership only; the holder of the accreditation has sufficient control of the holding yard to prevent unauthorised persons from entering the holding yard or the unauthorised removal of motor vehicles or property from the holding yard; an authorised tow truck for the accreditation has, during the period of the accreditation, been used on a road in contravention of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 10 ; the holder of the accreditation has not complied with a direction given to the holder under section 109 within— the period stated in the direction; or if the chief executive has extended the period for complying with the direction under section 109 (4) , the extended period.

• (a) the holder of the accreditation has not complied with— (i) a condition of the accreditation; or (ii) a condition of a temporary holding yard approval in effect for the accreditation;
• (i) a condition of the accreditation; or
• (ii) a condition of a temporary holding yard approval in effect for the accreditation;
• (b) none of the following apply in relation to an authorised holding yard for the accreditation— (i) the holding yard is owned or leased by the holder of the accreditation only or, if the holder is a partnership, 1 or more of the partners in the partnership only; (ii) the holding yard is also an authorised holding yard for another operator accreditation and is owned or leased by the holder of the other accreditation only or, if the holder of the other accreditation is a partnership, 1 or more of the partners in the partnership only; (iii) the holder of the accreditation has sufficient control of the holding yard to prevent unauthorised persons from entering the holding yard or the unauthorised removal of motor vehicles or property from the holding yard;
• (i) the holding yard is owned or leased by the holder of the accreditation only or, if the holder is a partnership, 1 or more of the partners in the partnership only;