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ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 48 Review by Administrative Decisions Tribunal of certain decisions made under road transport legislation

This legislation has been repealed.

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 48

Review by Administrative Decisions Tribunal of certain decisions made under road transport legislation

48 Review by Administrative Decisions Tribunal of certain decisions made under road transport legislation

(cf Traffic Act, s 10E)

(1) A person aggrieved by any of the following decisions made in relation to the person may apply to the Administrative Decisions Tribunal for a review of the decision:
(a) a decision of a police officer under section 34 to suspend the person's driver licence,
(b) a decision by a police officer under section 35 to suspend the person's authority to drive in New South Wales,
(c) a decision of the Commissioner of Police under section 40 (2) of the Road Transport (Safety and Traffic Management) Act 1999 refusing to grant an approval under that subsection or imposing any condition on any such approval,
(d) any other decision under the road transport legislation that belongs to a class of decisions prescribed by the regulations for the purposes of this subsection.
(2) An application for a review in respect of a decision referred to in subsection (1) (a) or (b) must be made before the charge that occasioned the suspension has been heard and determined by a court or withdrawn.
(3) Despite anything to the contrary in section 63 of the Administrative Decisions Tribunal Act 1997 , in determining an application for a review of a decision referred to in subsection (1) (a) or (b), the Tribunal:
(a) is not to vary or set aside a decision to suspend a driver licence or authority to drive unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension, and
(b) is not, for the purposes of any such application, to take into account the circumstances of the offence with which the person making the application is charged.
(4) Despite subsection (1), a regulation referred to in subsection (1) (d) prescribing a class of decisions may limit the class of persons who may make an application for a review of a decision referred to in the subsection.
(5) A regulation referred to in subsection (1) (d) prescribing a class of decisions cannot be made without the concurrence of the Minister administering the Administrative Decisions Tribunal Act 1997 .