sec.40Grounds for amendment, suspension or cancellation— Act , s 32

sec.40 Grounds for amendment, suspension or cancellation— Act , s 32

The chief executive may amend a person’s driver authorisation if— the person has been convicted of a category B or category C driver disqualifying offence; or the person has been charged with a driver disqualifying offence and the charge has not been dealt with; or the person has not complied, or is not complying, with a prescribed driver authorisation requirement applying to the driver authorisation; or the chief executive is satisfied— if the person has a safety duty under chapter 6A , part 2 of the Act —the person has contravened, or is contravening, the duty and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the person has contravened, or is contravening, section 67ZC (4) of the Act and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act ; or the chief executive considers it necessary in the public interest having regard to the person’s driving history. Without limiting subsection (1) , an amendment may change the term of, impose a condition on, or vary or remove a condition of, the person’s driver authorisation. The chief executive may suspend or cancel a person’s driver authorisation if— the person has been convicted of a category C driver disqualifying offence; or the person has not complied, or is not complying, with a prescribed driver authorisation requirement applying to the driver authorisation; or the chief executive is satisfied— if the person has a safety duty under chapter 6A , part 2 of the Act —the person has contravened, or is contravening, the duty and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the person has contravened, or is contravening, section 67ZC (4) of the Act and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act ; or the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or in relation to the person’s application for the driver authorisation, the person produced a document, or gave other information, to the chief executive that the chief executive considers is false or misleading in a material particular; or the driver authorisation was issued in error; or the chief executive is no longer satisfied with the person’s proof of identity; or the chief executive is no longer satisfied the person holds a licence that was required for the grant or renewal of the driver authorisation. The chief executive considers a person has contravened a written direction given to the person under section 67ZH (2) of the Act without reasonable excuse. Action under this section— to amend a person’s driver authorisation if section 47 (1) applies must be as required by section 47 ; or to otherwise amend, suspend or cancel driver authorisation must be as required by section 41 . s 40 amd 2026 SL No. 4 s 18 (sec.40-ssec.1) The chief executive may amend a person’s driver authorisation if— the person has been convicted of a category B or category C driver disqualifying offence; or the person has been charged with a driver disqualifying offence and the charge has not been dealt with; or the person has not complied, or is not complying, with a prescribed driver authorisation requirement applying to the driver authorisation; or the chief executive is satisfied— if the person has a safety duty under chapter 6A , part 2 of the Act —the person has contravened, or is contravening, the duty and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the person has contravened, or is contravening, section 67ZC (4) of the Act and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act ; or the chief executive considers it necessary in the public interest having regard to the person’s driving history. (sec.40-ssec.2) Without limiting subsection (1) , an amendment may change the term of, impose a condition on, or vary or remove a condition of, the person’s driver authorisation. (sec.40-ssec.3) The chief executive may suspend or cancel a person’s driver authorisation if— the person has been convicted of a category C driver disqualifying offence; or the person has not complied, or is not complying, with a prescribed driver authorisation requirement applying to the driver authorisation; or the chief executive is satisfied— if the person has a safety duty under chapter 6A , part 2 of the Act —the person has contravened, or is contravening, the duty and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the person has contravened, or is contravening, section 67ZC (4) of the Act and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act ; or the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or in relation to the person’s application for the driver authorisation, the person produced a document, or gave other information, to the chief executive that the chief executive considers is false or misleading in a material particular; or the driver authorisation was issued in error; or the chief executive is no longer satisfied with the person’s proof of identity; or the chief executive is no longer satisfied the person holds a licence that was required for the grant or renewal of the driver authorisation. The chief executive considers a person has contravened a written direction given to the person under section 67ZH (2) of the Act without reasonable excuse. (sec.40-ssec.4) Action under this section— to amend a person’s driver authorisation if section 47 (1) applies must be as required by section 47 ; or to otherwise amend, suspend or cancel driver authorisation must be as required by section 41 .