QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.122KAmending, suspending or cancelling authority
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### sec.122K Amending, suspending or cancelling authority
If, after considering all the written representations made within the stated time under section 122J (f) , the chief executive still considers a ground exists to take proposed action, the chief executive may—
if the proposed action was to amend the authority—amend the authority in the way stated in the notice; or
if the proposed action was to suspend the authority—
amend the authority in the way the chief executive considers appropriate; or
suspend the authority for no longer than the period stated in the notice; or
if the proposed action was to cancel the authority—
amend the authority in a way the chief executive considers appropriate; or
suspend the authority for a period; or
cancel the authority.
However, if the proposed action relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive—
need not make a final decision under subsection (1) until the proceeding is finally decided; but
must make the decision as soon as reasonably practicable after the proceeding is decided.
This section does not apply if section 122P applies.
s 122K ins 2005 No. 49 s 63
(sec.122K-ssec.1) If, after considering all the written representations made within the stated time under section 122J (f) , the chief executive still considers a ground exists to take proposed action, the chief executive may— if the proposed action was to amend the authority—amend the authority in the way stated in the notice; or if the proposed action was to suspend the authority— amend the authority in the way the chief executive considers appropriate; or suspend the authority for no longer than the period stated in the notice; or if the proposed action was to cancel the authority— amend the authority in a way the chief executive considers appropriate; or suspend the authority for a period; or cancel the authority.
(sec.122K-ssec.2) However, if the proposed action relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive— need not make a final decision under subsection (1) until the proceeding is finally decided; but must make the decision as soon as reasonably practicable after the proceeding is decided.
(sec.122K-ssec.3) This section does not apply if section 122P applies.
- (a) if the proposed action was to amend the authority—amend the authority in the way stated in the notice; or
- (b) if the proposed action was to suspend the authority— (i) amend the authority in the way the chief executive considers appropriate; or (ii) suspend the authority for no longer than the period stated in the notice; or
- (i) amend the authority in the way the chief executive considers appropriate; or
- (ii) suspend the authority for no longer than the period stated in the notice; or
- (c) if the proposed action was to cancel the authority— (i) amend the authority in a way the chief executive considers appropriate; or (ii) suspend the authority for a period; or (iii) cancel the authority.
- (i) amend the authority in a way the chief executive considers appropriate; or
- (ii) suspend the authority for a period; or
- (iii) cancel the authority.
- (i) amend the authority in the way the chief executive considers appropriate; or
- (ii) suspend the authority for no longer than the period stated in the notice; or
- (i) amend the authority in a way the chief executive considers appropriate; or
- (ii) suspend the authority for a period; or
- (iii) cancel the authority.
- (a) need not make a final decision under subsection (1) until the proceeding is finally decided; but
- (b) must make the decision as soon as reasonably practicable after the proceeding is decided.