New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 28

28 Appeals concerning accreditation schemes

(1) Any person aggrieved by any of the following decisions of the Authority may, after an internal review of the decision is finalised, appeal against the decision to the Local Court:

(a) a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to vary, suspend or cancel a registered operator’s accreditation under an accreditation scheme under Division 6 of Part 5 of that Regulation,

(b) a decision of the Authority under the Road Transport (Mass, Loading and Access) Regulation 2005 to vary, suspend or cancel a registered operator’s or vehicle’s accreditation under the Mass Management Accreditation Scheme under Part 6 of that Regulation.

(2) Notice of such an appeal specifying the grounds of the appeal must be lodged with the Local Court not later than 21 days after the internal review of the decision being appealed against was finalised.

(3) The Local Court is to hear and determine an appeal made to it under this clause and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.

(4) For the purposes of varying a decision of the Authority under subclause (4), the Court may exercise only such powers as the Authority could have exercised under the Road Transport (Vehicle Registration) Regulation 2007 or the Road Transport (Mass, Loading and Access) Regulation 2005 when making that decision.

(5) The decision of the Local Court in respect of an appeal made under this clause is final and is binding on the appellant and on the Authority.

(6) In this clause, "internal review" means:

(a) in relation to a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to vary, suspend or cancel a registered operator’s accreditation under an accreditation scheme under Division 6 of Part 5 of that Regulation-an internal review under clause 76 of that Regulation, and

(b) in relation to a decision of the Authority under the Road Transport (Mass, Loading and Access) Regulation 2005 -an internal review under clause 72 of that Regulation.