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Transport Infrastructure Act 1994
sec.446What chief executive must do before taking proposed action for class exemption
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### sec.446 What chief executive must do before taking proposed action for class exemption
This section applies if the chief executive proposes to amend, suspend or cancel a class exemption (the proposed action ).
Before taking the proposed action, the chief executive must give written notice to the class representative for the exemption and in the gazette stating—
the proposed action; and
the grounds for the proposed action; and
an outline of the facts and circumstances forming the basis for the grounds; and
if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and
if the proposed action is to suspend the exemption—the proposed suspension period; and
an invitation to any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.
s 446 ins 2001 No. 79 s 34
(sec.446-ssec.1) This section applies if the chief executive proposes to amend, suspend or cancel a class exemption (the proposed action ).
(sec.446-ssec.2) Before taking the proposed action, the chief executive must give written notice to the class representative for the exemption and in the gazette stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and if the proposed action is to suspend the exemption—the proposed suspension period; and an invitation to any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.
- (a) the proposed action; and
- (b) the grounds for the proposed action; and
- (c) an outline of the facts and circumstances forming the basis for the grounds; and
- (d) if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and
- (e) if the proposed action is to suspend the exemption—the proposed suspension period; and
- (f) an invitation to any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.