sec.41Show cause notice before taking particular action

sec.41 Show cause notice before taking particular action

This section applies if the chief executive considers— a ground exists under section 40 (1) to amend a person’s driver authorisation; or a ground exists under section 40 (3) to suspend or cancel a person’s driver authorisation. However, this section does not apply if section 46 or 47 applies. Before taking the action mentioned in subsection (1) (a) or (b) (the proposed action ), the chief executive must give the person a written notice— stating the proposed action; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken. (sec.41-ssec.1) This section applies if the chief executive considers— a ground exists under section 40 (1) to amend a person’s driver authorisation; or a ground exists under section 40 (3) to suspend or cancel a person’s driver authorisation. (sec.41-ssec.2) However, this section does not apply if section 46 or 47 applies. (sec.41-ssec.3) Before taking the action mentioned in subsection (1) (a) or (b) (the proposed action ), the chief executive must give the person a written notice— stating the proposed action; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken.

• (a) a ground exists under section 40 (1) to amend a person’s driver authorisation; or
• (b) a ground exists under section 40 (3) to suspend or cancel a person’s driver authorisation.
• (a) stating the proposed action; and
• (b) stating the grounds for the proposed action; and
• (c) outlining the facts and circumstances forming the basis for the grounds; and
• (d) if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and
• (e) if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and
• (f) inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken.