New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 45

45 Reviews by Administrative Decisions Tribunal

(1) If the Authority:

(a) refuses to grant an application for, or suspends or cancels, a licence or certificate, or

(b) refuses to grant an application for the amendment of a licence, or

(c) imposes or varies a condition or restriction on a licence or certificate, or

(d) makes a requirement under section 44 (1) (b), or

(e) imposes a disqualification referred to in section 44 (1) (d),

the applicant, the person who holds or held the licence or certificate or the person disqualified may apply to the Administrative Decisions Tribunal for a review of the decision of the Authority.

(1A) In determining an application for a review of any decision to refuse to grant a licence or certificate on the grounds referred to in section 18 (2A) or 24 (4) or cancel such a licence or certificate under section 44, the Administrative Decisions Tribunal (and any Appeal Panel in determining any appeal against such a review under the Administrative Decisions Tribunal Act 1997 ):

(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any criminal intelligence, and

(b) in order to prevent the disclosure of any criminal intelligence, is to receive evidence and hear argument in the absence of the public, the applicant for review and the applicant’s representative and any other interested party,

unless the Commissioner of Police approves otherwise.

(2) On an application for a review of a decision of the Authority to refuse to grant a licence to a person because of a fact referred to in section 18 (3) or (5), the Administrative Decisions Tribunal may determine that the fact should be ignored on one or more of the following grounds:

(a) the triviality of the acts or omissions giving rise to the offence concerned,

(b) the time that has passed since the offence concerned was committed,

(c) the subsequent good behaviour of the offender,

(d) any other ground prescribed by the regulations.