228QEffect of suspension, cancellation or failure to renew

228Q Effect of suspension, cancellation or failure to renew

(1) A company or association whose accreditation is suspended is not accredited during the period of suspension.

(2) If—

(a) a person who is employed or engaged by a company or association is authorised under section 221AB to act as an authorised officer; and

(b) the accreditation of the company or association is suspended, cancelled or not renewed while that person is so employed or engaged—

the person ceases to be authorised under section 221AB during the period of suspension or cancellation or until the accreditation is renewed.

(3) Subsection (2) does not apply to a person who is authorised under section 221AB to act as an authorised officer if—

(a) the person is employed or engaged by more than one company or association and at least one such company or association continues to be the holder of an accreditation under this Division; or

(b) the person is employed or engaged by another accredited company or association within 30 days following the day on which the accreditation of the company or association by whom he or she was employed or engaged was suspended, cancelled or not renewed.

S. 228QA inserted by No. 49/2011 s. 6.

228QA Improvement notices

(1) This section applies if the Secretary believes on reasonable grounds—

(a) a passenger transport company is contravening a condition of accreditation; and

(b) the contravention is occurring, or has occurred, in circumstances that make it likely the contravention will continue or be repeated.

(2) The Secretary may serve on the passenger transport company an improvement notice requiring the company to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, within the period of time specified in the notice.

(3) An improvement notice must—

(a) state the basis for the Secretary's belief on which the service of the notice is based; and

(b) specify the condition or provision that the Secretary believes has been or is likely to be contravened; and

(c) specify a date (with or without time) by which the passenger transport company is required to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention that the Secretary considers reasonable having regard to the objective of accreditation and the nature of the contravention or likely contravention; and

(d) set out the penalty for failing to comply with the notice; and

(e) include a statement of the effect of section 228QC (proceedings for offences not affected by improvement notices); and