Transport Operations (Passenger Transport) Regulation 2018
sec.121Chief executive may cancel assistance
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sec.121 Chief executive may cancel assistance
The chief executive may cancel a person’s approval as an approved relevant person if— the chief executive is no longer satisfied the person is a relevant person; or the person has been convicted of an offence against section 149 (3) of the Act in relation to the taxi subsidy scheme. Before cancelling the approval, the chief executive must give the approved relevant person a written notice— stating the chief executive is considering cancelling the approval; and stating the grounds for the cancellation; and outlining the facts and circumstances forming the basis for the grounds; and inviting the person to show, within a stated period of at least 28 days, why the approval should not be cancelled. If, after considering all written representations made within the stated period, the chief executive is not satisfied the person is a relevant person as mentioned in subsection (1) (a) , or is satisfied the person has been convicted as mentioned in subsection (1) (b) , the chief executive may cancel the approval by giving the person a regulation notice. However, if the chief executive is no longer satisfied the person is a relevant person because the person is an NDIS participant, the chief executive— is not required to comply with subsection (2) ; and may cancel the approval by giving the person a regulation notice. A person given a regulation notice under subsection (3) must, unless the person has a reasonable excuse, return the following to the chief executive within 14 days after the regulation notice is given— the person’s membership card; any unused taxi vouchers given under the taxi subsidy scheme. Maximum penalty—10 penalty units. (sec.121-ssec.1) The chief executive may cancel a person’s approval as an approved relevant person if— the chief executive is no longer satisfied the person is a relevant person; or the person has been convicted of an offence against section 149 (3) of the Act in relation to the taxi subsidy scheme. (sec.121-ssec.2) Before cancelling the approval, the chief executive must give the approved relevant person a written notice— stating the chief executive is considering cancelling the approval; and stating the grounds for the cancellation; and outlining the facts and circumstances forming the basis for the grounds; and inviting the person to show, within a stated period of at least 28 days, why the approval should not be cancelled. (sec.121-ssec.3) If, after considering all written representations made within the stated period, the chief executive is not satisfied the person is a relevant person as mentioned in subsection (1) (a) , or is satisfied the person has been convicted as mentioned in subsection (1) (b) , the chief executive may cancel the approval by giving the person a regulation notice. (sec.121-ssec.4) However, if the chief executive is no longer satisfied the person is a relevant person because the person is an NDIS participant, the chief executive— is not required to comply with subsection (2) ; and may cancel the approval by giving the person a regulation notice. (sec.121-ssec.5) A person given a regulation notice under subsection (3) must, unless the person has a reasonable excuse, return the following to the chief executive within 14 days after the regulation notice is given— the person’s membership card; any unused taxi vouchers given under the taxi subsidy scheme. Maximum penalty—10 penalty units.