New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 13

13 Appeals concerning examiner’s authorities and proprietor’s authorities

(1) Any person aggrieved by a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to refuse to issue an examiner’s authority or a proprietor’s authority or to suspend or cancel such an authority, being a decision notified to the person under clause 64 of that Regulation, may appeal against the decision to the Local Court by lodging a notice of appeal with the Court not later than 21 days after being so notified.

(2) A notice of appeal under this clause is to specify the grounds of the appeal.

(3) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any appeal under this clause to the Authority and to the appellant, and in the notice to the Authority is to inform the Authority of the grounds of the appeal.

(4) The time of the hearing of an appeal under this clause must be not earlier than 21 days after the date on which the notice under subclause (3) is given to the Authority.

(5) The hearing of an appeal under this clause may proceed despite any omission or error in a notice under subclause (3), or the failure to give any such notice, if the Court is satisfied that the appellant and the Authority had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.

(6) A report furnished under clause 63 of the Road Transport (Vehicle Registration) Regulation 2007 to the Authority, and certified by the Authority to have been so furnished, is to be received in proceedings before the Local Court in respect of an appeal under this clause as evidence of the contents of the report.