Transport Operations (Passenger Transport) Regulation 2018
sec.44Notice about immediate amendment or suspension
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sec.44 Notice about immediate amendment or suspension
This section applies if the chief executive considers— a ground exists under section 43 (1) to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or a ground exists under section 43 (2) to immediately suspend a person’s driver authorisation. This section applies even if the chief executive takes exclusion action under section 28B of the Act in relation to the person. The chief executive may, by giving a regulation notice to the person— immediately amend the person’s driver authorisation by imposing a condition on the authorisation; or immediately suspend the person’s driver authorisation. The immediate amendment or suspension has effect until— if the ground is that the person has been convicted of a category B driver disqualifying offence, the earlier of the following— the chief executive gives the person a regulation notice about the chief executive’s decision under section 46 (2) or 47 (2) ; the end of 56 days after the regulation notice under subsection (3) is given to the person; or if the ground is that the person has been charged with a driver disqualifying offence and the charge has not been dealt with—the earlier of the following— the charge is dealt with; the chief executive gives the person a regulation notice under section 42 ; the chief executive gives the person written notice ending the suspension; or in any other case, the earlier of the following— the chief executive gives the person a regulation notice under section 42 ; the end of 56 days after the regulation notice under subsection (3) is given to the person; the chief executive gives the person written notice ending the immediate amendment or suspension. This section applies despite sections 40 , 41 and 42 . (sec.44-ssec.1) This section applies if the chief executive considers— a ground exists under section 43 (1) to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or a ground exists under section 43 (2) to immediately suspend a person’s driver authorisation. (sec.44-ssec.2) This section applies even if the chief executive takes exclusion action under section 28B of the Act in relation to the person. (sec.44-ssec.3) The chief executive may, by giving a regulation notice to the person— immediately amend the person’s driver authorisation by imposing a condition on the authorisation; or immediately suspend the person’s driver authorisation. (sec.44-ssec.4) The immediate amendment or suspension has effect until— if the ground is that the person has been convicted of a category B driver disqualifying offence, the earlier of the following— the chief executive gives the person a regulation notice about the chief executive’s decision under section 46 (2) or 47 (2) ; the end of 56 days after the regulation notice under subsection (3) is given to the person; or if the ground is that the person has been charged with a driver disqualifying offence and the charge has not been dealt with—the earlier of the following— the charge is dealt with; the chief executive gives the person a regulation notice under section 42 ; the chief executive gives the person written notice ending the suspension; or in any other case, the earlier of the following— the chief executive gives the person a regulation notice under section 42 ; the end of 56 days after the regulation notice under subsection (3) is given to the person; the chief executive gives the person written notice ending the immediate amendment or suspension. (sec.44-ssec.5) This section applies despite sections 40 , 41 and 42 .