TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 122O Further action after immediate suspension

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 122O

122O Further action after immediate suspension

(1) This section applies if—

(a) under section 122M , the chief executive immediately suspends a crossing supervisor’s authority; and

(b) the chief executive proposes, under section 122J , to amend, further suspend or cancel the crossing supervisor’s authority (also the
"proposed action" ).

(2) The chief executive must, within 14 days after immediately suspending the crossing supervisor’s authority, give the crossing supervisor a notice that states—

(a) the information mentioned in section 122J (a) , (b) and (c) in relation to the proposed action; and

(b) if the proposed action is to amend the authority, including a condition of the authority—the proposed amendment; and

(c) if the proposed action is further suspension of the authority—the proposed suspension period; and

(d) an invitation to the crossing supervisor to show cause in writing, within a stated time of at least 28 days, why the proposed action should not be taken.

(3) The notice under subsection (2) may be combined with the notice given to the crossing supervisor under section 122M .

(4) Sections 122K and 122L apply to the proposed action as if the notice had been given under section 122J .

(5) Despite subsection (4) , section 122K (1) (b) (ii) or (c)(ii) does not limit the chief executive’s powers to extend the period of suspension under section 122N (3) .