New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 99

99 Variation or cancellation of approval-without application

(1) The Authority may vary an approval of an electronic work diary, without receiving an application, if the Authority is reasonably satisfied that any of the following grounds exists:

(a) that the application for the approval was false or misleading in a material respect, but the circumstances do not require its cancellation,

(b) that:

(i) since the approval was given, a change has happened in relation to something that the Authority must consider in deciding whether to give an approval of that kind, and

(ii) the approval would have been given as it is proposed to be varied if the change had happened before the approval was given.

(2) The Authority may cancel an approval of an electronic work diary, without receiving an application, if the Authority is reasonably satisfied that any of the following grounds exists:

(a) that the application for the approval was false or misleading in a material respect,

(b) that:

(i) since the approval was given, a change has happened in relation to something that the Authority must consider in deciding whether to give an approval of that kind, and

(ii) the approval would not have been given if the change had happened before the approval was given.

(3) If the Authority is satisfied that a ground exists to vary or cancel an approval, the Authority must give the person who holds the approval a written notice that:

(a) states the proposed variation or cancellation, and

(b) states the ground for the proposed variation or cancellation, and

(c) outlines the facts and other circumstances forming the basis for the ground, and

(d) invites the person to state in writing, within a specified time of at least 14 days after the notice is given to the person, why the approval should not be varied or cancelled.

(4) If, after considering any written statement made within the specified time, the Authority is reasonably satisfied that a ground exists to take the proposed action, the Authority may:

(a) if the proposed action is to vary the approval in a stated way-vary the approval in that way, and

(b) if the proposed action is to cancel the approval-cancel the approval, or vary the approval in any way.

(5) The Authority must give the person written notice of the Authority’s decision.

(6) If the Authority decides to vary or cancel the approval, the Authority must also give the person a written notice that states:

(a) the reasons for the decision, and

(b) that the person may apply to have the decision reconsidered.

(7) The variation or cancellation takes effect:

(a) when written notice of the decision, and the reasons for the decision, is given to the person, or

(b) at a later time stated in that written notice.

(8) Subclauses (9)-(14) apply if:

(a) the Authority varies the approval of an electronic work diary, and

(b) in the Authority’s opinion, the variation will, or is likely to, significantly affect the way the diary is to be used.

(9) The Authority may direct the person who, immediately before the variation took effect, held the approval to notify in writing each person to whom the person has supplied any diary under the approval that the approval has been varied.

(10) If the Authority gives a direction to a person under subclause (9), the person must comply with the direction.

Maximum penalty:

(a) in the case of an individual-15 penalty units, and

(b) in the case of a corporation-75 penalty units.

(11) With the consent of the Authority, a person may comply with subclause (10) by publishing details of the variation, and any further details specified by the Authority, using at least 2 of the following methods:

(a) by notice published in a newspaper specified by the Authority,

(b) by notice published in a journal or newsletter specified by the Authority,

(c) on a website specified by the Authority.

(12) Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.

Note: For example, the Authority may publish the cancellation by gazettal or on a website.

(13) A person (other than a person referred to in subclause (14)) accused of an offence under this clause does not have the benefit of the mistake of fact defence.

(14) A party in the chain of responsibility accused of an offence under this clause has the benefit of the reasonable steps defence.