sec.344Suspending or cancelling authorisation

### sec.344 Suspending or cancelling authorisation This section applies if the chief executive— reasonably suspects an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and considers the authorisation should be suspended or cancelled (the proposed action ). Before taking the proposed action, the chief executive must give the authorised busway user a written notice stating— the proposed action; and the reason for the proposed action; and if the proposed action is to suspend the authorisation—the proposed suspension period; and if the proposed action is to suspend the authorisation only in relation to a particular service operated by the authorised busway user—the service; and an invitation to the authorised busway user to show in writing, 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 was to suspend the authorisation—suspend the authorisation— for no longer than the proposed suspension period; and if the proposed suspension was limited to a particular service—only in relation to the service; or if the proposed action was to cancel the authorisation—cancel the authorisation or suspend it for a period. The chief executive must inform the authorised busway user of the decision by written notice. If the chief executive decides to suspend or cancel the authorisation, the notice must also state the reason for the decision. If— rather than cancel the authorisation, the chief executive suspends it on condition that the authorised busway user do certain things to rectify the failure to comply with a condition of the authorised busway user’s authorisation; and the authorised busway user does not rectify the failure within the suspension period; the chief executive may immediately cancel the authorisation by written notice to the authorised busway user. A notice under subsection (4) or (6) must be accompanied by an information notice. s 344 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) ) amd 2005 No. 49 s 25 (sec.344-ssec.1) This section applies if the chief executive— reasonably suspects an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and considers the authorisation should be suspended or cancelled (the proposed action ). (sec.344-ssec.2) Before taking the proposed action, the chief executive must give the authorised busway user a written notice stating— the proposed action; and the reason for the proposed action; and if the proposed action is to suspend the authorisation—the proposed suspension period; and if the proposed action is to suspend the authorisation only in relation to a particular service operated by the authorised busway user—the service; and an invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken. (sec.344-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 was to suspend the authorisation—suspend the authorisation— for no longer than the proposed suspension period; and if the proposed suspension was limited to a particular service—only in relation to the service; or if the proposed action was to cancel the authorisation—cancel the authorisation or suspend it for a period. (sec.344-ssec.4) The chief executive must inform the authorised busway user of the decision by written notice. (sec.344-ssec.5) If the chief executive decides to suspend or cancel the authorisation, the notice must also state the reason for the decision. (sec.344-ssec.6) If— rather than cancel the authorisation, the chief executive suspends it on condition that the authorised busway user do certain things to rectify the failure to comply with a condition of the authorised busway user’s authorisation; and the authorised busway user does not rectify the failure within the suspension period; the chief executive may immediately cancel the authorisation by written notice to the authorised busway user. (sec.344-ssec.7) A notice under subsection (4) or (6) must be accompanied by an information notice. - (a) reasonably suspects an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and - (b) considers the authorisation should be suspended or cancelled (the proposed action ). - (a) the proposed action; and - (b) the reason for the proposed action; and - (c) if the proposed action is to suspend the authorisation—the proposed suspension period; and - (d) if the proposed action is to suspend the authorisation only in relation to a particular service operated by the authorised busway user—the service; and - (e) an invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken. - (a) if the proposed action was to suspend the authorisation—suspend the authorisation— (i) for no longer than the proposed suspension period; and (ii) if the proposed suspension was limited to a particular service—only in relation to the service; or - (i) for no longer than the proposed suspension period; and - (ii) if the proposed suspension was limited to a particular service—only in relation to the service; or - (b) if the proposed action was to cancel the authorisation—cancel the authorisation or suspend it for a period. - (i) for no longer than the proposed suspension period; and - (ii) if the proposed suspension was limited to a particular service—only in relation to the service; or - (a) rather than cancel the authorisation, the chief executive suspends it on condition that the authorised busway user do certain things to rectify the failure to comply with a condition of the authorised busway user’s authorisation; and - (b) the authorised busway user does not rectify the failure within the suspension period;