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 (f) state that the notice is served under this section; and (g) state how the passenger transport company may seek review of the service of the notice. (4) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates. (5) Without limiting subsection (4), an improvement notice may include— (a) a direction that, if the passenger transport company has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until the Secretary has certified in writing that the contravention or likely contravention has, or the matters or activities have, been remedied; and (b) interim directions, or interim conditions, on the carrying out of any activities to which the notice relates that the Secretary considers necessary to promote the safety, comfort, amenity or convenience of persons using the services provided by the company. (6) A passenger transport company on whom an improvement notice is served must comply with the notice. Penalty: 100 penalty units. S. 228QB inserted by No. 49/2011 s. 6. 228QB Formal irregularities or defects in notice An improvement notice is not invalid merely because of— (a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or (b) a failure to use the correct name of the passenger transport company on whom the notice is served if the notice sufficiently identifies the company and is served in accordance with section 251. S. 228QC inserted by No. 49/2011 s. 6. 228QC Proceedings for offences not affected by improvement notices The service of an improvement notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was served. S. 228R inserted by No. 104/1997 s. 37 (as amended by Nos 101/1998 s. 31, 45/1999 s. 39(k)(i)(iii) (iv)).