TOW TRUCK ACT 1973 - SECT 21A Cancellation or suspension of authorities

TOW TRUCK ACT 1973 - SECT 21A

21A Cancellation or suspension of authorities

(1) The chief executive may cancel or suspend an authority holder’s authority under section 21D on any of the following grounds—

(a) the authority—

(i) was issued in error; or

(ii) was granted or renewed because of a false or fraudulent document, statement or representation;

(b) the authority holder—

(i) is convicted of an offence against this Act; or

(ii) has, since the issue of the authority, been charged with or convicted of a disqualifying offence; or

(iii) contravenes a condition of the authority; or

(iv) stops being a tow truck operator, driver or assistant;

(c) for an authority holder that is a corporation—an executive officer of the holder is or has been—

(i) convicted of an offence against this Act; or

(ii) charged with or convicted of a disqualifying offence;

(d) the authority holder can not properly drive the class of motor vehicle stated in the authority because of a medical condition, or physical or mental incapacity;

(e) the motor vehicle stated in the authority is no longer suitable for use under the authority;

(f) the authority holder has given false or misleading information to—

(i) an authorised officer; or

(ii) an authorised officer under the Heavy Vehicle National Law (Queensland);

(g) public safety has been endangered, or is likely to be endangered, because of the authority holder’s conduct;

(h) having regard to the conduct of the authority holder, when performing activities under the authority or at any other time, the chief executive believes, on reasonable grounds—

(i) the person is no longer an appropriate person to hold an authority; or

(ii) it is in the public interest to cancel or suspend the authority.

(2) The chief executive may not cancel or suspend an authority holder’s authority on the basis of criminal intelligence given by the police commissioner to the chief executive under section 36B .