New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 29B

29B Appeals concerning compliance certificates and certifier’s licences

(1) Any person aggrieved by any of the following decisions of the Authority under Part 5A of the Road Transport (Vehicle Registration) Regulation 2007 (the "vehicle registration 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 notified of the decision:

(a) a decision to cancel a compliance certificate,

(b) a decision to refuse an application for a certifier’s licence or for the renewal or variation of a certifier’s licence (but not a decision to refuse an application for a licence on the ground that the Authority is of the opinion that the person is not a fit and proper person to hold such a licence),

(c) a decision to cancel or suspend a certifier’s licence or vary a certifier’s licence or the term of a certifier’s licence (but not a decision to impose or vary a condition on all certifier’s licences or a decision under clause 76AK of the vehicle registration regulation to immediately suspend a certifier’s licence).

(2) A decision that is the subject of an appeal under this clause has effect:

(a) only if the Local Court hearing the appeal confirms the decision or the appeal is withdrawn, and

(b) subject to any variation of the decision by the Local Court, and

(c) on and from the date on which the Local Court confirms the decision or on such later date as the Local Court may order or, if the appeal is withdrawn, on the date on which it is withdrawn.

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

(4) 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.

(5) 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 vehicle registration regulation when making that decision.

(6) 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.