sec.335ALSuspending or cancelling accreditation

### sec.335AL Suspending or cancelling accreditation This section applies if the chief executive— reasonably suspects a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and considers the person’s accreditation should be suspended or cancelled (the proposed action ). Before taking the proposed action, the chief executive must give the person a written notice— stating the proposed action; and stating the reason for the proposed action; and if the proposed action is suspension of the accreditation, stating the proposed suspension period; and if the proposed action is a limited suspension of the accreditation, stating the details of the proposed limitation; and See section 335AN (Limited suspension of accreditation). inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken. If, after considering all written representations made within the stated time, the chief executive still considers the proposed action should be taken, the chief executive may— if the proposed action is to suspend the accreditation—suspend the accreditation— for no longer than the proposed suspension period; and if the proposed action was a limited suspension, by no more than the proposed limitation; or if the proposed action was to cancel the accreditation—cancel the accreditation or suspend it for a period. The chief executive must inform the person of the decision by written notice. If the chief executive decides to suspend or cancel the accreditation, the notice must also state the reason for the decision. The chief executive may immediately cancel the accreditation by written notice given to the person if— rather than cancel the accreditation, the chief executive has suspended it on condition the person do certain things to rectify the failure to comply with a condition of the person’s accreditation; but the person has not rectified the failure within the suspension period. The notice must state the reason for the decision. A written notice given under subsection (4) or (6) must be accompanied by an information notice for the decision the subject of the notice. s 335AL ins 2008 No. 67 s 264 amd 2014 No. 43 s 117 sch 1 (sec.335AL-ssec.1) This section applies if the chief executive— reasonably suspects a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and considers the person’s accreditation should be suspended or cancelled (the proposed action ). (sec.335AL-ssec.2) Before taking the proposed action, the chief executive must give the person a written notice— stating the proposed action; and stating the reason for the proposed action; and if the proposed action is suspension of the accreditation, stating the proposed suspension period; and if the proposed action is a limited suspension of the accreditation, stating the details of the proposed limitation; and See section 335AN (Limited suspension of accreditation). inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken. (sec.335AL-ssec.3) If, after considering all written representations made within the stated time, the chief executive still considers the proposed action should be taken, the chief executive may— if the proposed action is to suspend the accreditation—suspend the accreditation— for no longer than the proposed suspension period; and if the proposed action was a limited suspension, by no more than the proposed limitation; or if the proposed action was to cancel the accreditation—cancel the accreditation or suspend it for a period. (sec.335AL-ssec.4) The chief executive must inform the person of the decision by written notice. (sec.335AL-ssec.5) If the chief executive decides to suspend or cancel the accreditation, the notice must also state the reason for the decision. (sec.335AL-ssec.6) The chief executive may immediately cancel the accreditation by written notice given to the person if— rather than cancel the accreditation, the chief executive has suspended it on condition the person do certain things to rectify the failure to comply with a condition of the person’s accreditation; but the person has not rectified the failure within the suspension period. (sec.335AL-ssec.7) The notice must state the reason for the decision. (sec.335AL-ssec.8) A written notice given under subsection (4) or (6) must be accompanied by an information notice for the decision the subject of the notice. - (a) reasonably suspects a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and - (b) considers the person’s accreditation should be suspended or cancelled (the proposed action ). - (a) stating the proposed action; and - (b) stating the reason for the proposed action; and - (c) if the proposed action is suspension of the accreditation, stating the proposed suspension period; and - (d) if the proposed action is a limited suspension of the accreditation, stating the details of the proposed limitation; and Note— See section 335AN (Limited suspension of accreditation). - (e) inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken. - (a) if the proposed action is to suspend the accreditation—suspend the accreditation— (i) for no longer than the proposed suspension period; and (ii) if the proposed action was a limited suspension, by no more than the proposed limitation; or - (i) for no longer than the proposed suspension period; and - (ii) if the proposed action was a limited suspension, by no more than the proposed limitation; or - (b) if the proposed action was to cancel the accreditation—cancel the accreditation or suspend it for a period. - (i) for no longer than the proposed suspension period; and - (ii) if the proposed action was a limited suspension, by no more than the proposed limitation; or - (a) rather than cancel the accreditation, the chief executive has suspended it on condition the person do certain things to rectify the failure to comply with a condition of the person’s accreditation; but - (b) the person has not rectified the failure within the suspension period.