TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 122N
Procedure for immediate suspension of authority
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 122N
Procedure for immediate suspension of authority
122N Procedure for immediate suspension of authority
(1) If the chief executive immediately suspends an authority, the
suspension—
(a) takes effect on the day the notice is given to the crossing
supervisor; and
(b) has effect until—
(i) if the chief executive informs
the crossing supervisor of the chief executive’s decision by notice under
section 122L—the day the decision takes effect under section 122L(3) ; or
(ii) if the decision is set aside on review or appeal—the day the decision
is set aside; or
(iii) otherwise—the end of 56 days after the notice is
given to the crossing supervisor or the end of any further period or periods
by which the suspension is extended under subsection (3) .
(2) If the chief
executive immediately suspends an authority, the notice under section 122M(1)
must state—
(a) the reasons for the decision; and
(b) the general effect of
subsection (1) (b) ; and
(c) the prescribed review information for the
decision.
(3) If the immediate suspension of an authority relates to a matter
that is the subject of a proceeding before a court that has not been finally
decided, the chief executive—
(a) may extend the suspension for a further
period or periods until the proceeding is finally decided; but
(b) must make
a decision about whether to take proposed action under section 122Kas soon as
practicable after the proceeding is decided.