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Transport Operations (Road Use Management) Act 1995
sec.153EDecision on proposed action
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### sec.153E Decision on proposed action
If, after considering any written representations made within the time allowed under section 153C or 153D , the chief executive still considers proposed action under the section should be taken, the chief executive may—
if the proposed action was to amend the exemption—amend the exemption; or
if the proposed action was to suspend the exemption—suspend the exemption for no longer than the period stated in the notice under section 153C or 153D ; or
if the proposed action was to cancel the exemption—
amend the exemption; or
suspend the exemption for a period, including, if the grounds for taking action are capable of being remedied by the holder or any member of the class for the exemption, on the condition that—
the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and
the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or
cancel the exemption.
The chief executive must give written notice of the chief executive’s decision to the holder.
If the chief executive decides to amend, suspend or cancel the exemption, the notice must state—
the reasons for the decision; and
if the exemption is suspended on the condition mentioned in subsection (1) (c) (ii) —the exemption may be cancelled under section 153H if the holder fails to comply with the condition; and
the prescribed review information for the decision.
The decision takes effect on the later of the following—
the day the notice is given to the holder;
the day stated in the notice.
s 153E ins 2008 No. 67 s 87
amd 2009 No. 24 s 1791
(sec.153E-ssec.1) If, after considering any written representations made within the time allowed under section 153C or 153D , the chief executive still considers proposed action under the section should be taken, the chief executive may— if the proposed action was to amend the exemption—amend the exemption; or if the proposed action was to suspend the exemption—suspend the exemption for no longer than the period stated in the notice under section 153C or 153D ; or if the proposed action was to cancel the exemption— amend the exemption; or suspend the exemption for a period, including, if the grounds for taking action are capable of being remedied by the holder or any member of the class for the exemption, on the condition that— the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or cancel the exemption.
(sec.153E-ssec.2) The chief executive must give written notice of the chief executive’s decision to the holder.
(sec.153E-ssec.3) If the chief executive decides to amend, suspend or cancel the exemption, the notice must state— the reasons for the decision; and if the exemption is suspended on the condition mentioned in subsection (1) (c) (ii) —the exemption may be cancelled under section 153H if the holder fails to comply with the condition; and the prescribed review information for the decision.
(sec.153E-ssec.4) The decision takes effect on the later of the following— the day the notice is given to the holder; the day stated in the notice.
- (a) if the proposed action was to amend the exemption—amend the exemption; or
- (b) if the proposed action was to suspend the exemption—suspend the exemption for no longer than the period stated in the notice under section 153C or 153D ; or
- (c) if the proposed action was to cancel the exemption— (i) amend the exemption; or (ii) suspend the exemption for a period, including, if the grounds for taking action are capable of being remedied by the holder or any member of the class for the exemption, on the condition that— (A) the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and (B) the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or (iii) cancel the exemption.
- (i) amend the exemption; or
- (ii) suspend the exemption for a period, including, if the grounds for taking action are capable of being remedied by the holder or any member of the class for the exemption, on the condition that— (A) the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and (B) the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or
- (A) the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and
- (B) the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or
- (iii) cancel the exemption.
- (i) amend the exemption; or
- (ii) suspend the exemption for a period, including, if the grounds for taking action are capable of being remedied by the holder or any member of the class for the exemption, on the condition that— (A) the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and (B) the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or
- (A) the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and
- (B) the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or
- (iii) cancel the exemption.
- (A) the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and
- (B) the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or
- (a) the reasons for the decision; and
- (b) if the exemption is suspended on the condition mentioned in subsection (1) (c) (ii) —the exemption may be cancelled under section 153H if the holder fails to comply with the condition; and
- (c) the prescribed review information for the decision.
- (a) the day the notice is given to the holder;
- (b) the day stated in the notice.