New South Wales Consolidated Acts

TOW TRUCK INDUSTRY ACT 1998 - SECT 45

45 Application to Administrative Decisions Tribunal for review

(1) A person may apply to the Administrative Decisions Tribunal for a review of any of the following decisions:

(a) the refusal or failure by the RTA to grant a licence or drivers certificate to the person,

(a1) the granting of a licence or drivers certificate to the person that is of a shorter duration than that for which the person applied,

(b) a condition imposed by the RTA in relation to a licence or drivers certificate granted to the person,

(c) the suspension or revocation of a licence or drivers certificate granted to the person,

(d) the disqualification of the person from holding a licence or drivers certificate,

(e) the imposition of a fine on the person,

(f) the giving of a direction under section 84 to the person.

(1A) In determining an application for a review of a decision to refuse to grant an application for a licence or a drivers certificate on the grounds referred to in section 18 (2) (e) or 26 (2) (f), respectively, or to cancel a licence or drivers certificate under section 41 (2A), 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 of any other interested party,

unless the Commissioner of Police approves otherwise.

(2) For the purposes of this section, an application for the grant of a licence or drivers certificate is taken to have been refused if the licence or drivers certificate is not granted within 90 days after the application is made in accordance with this Act.