Queensland Consolidated Acts

TOW TRUCK ACT 1973 - SECT 21B

(1) Despite section 21D, the chief executive may immediately suspend an authority holder's authority by written notice given to the authority holder on either of the following grounds--

(a) public safety has been endangered, or is likely to be endangered, because of the authority holder's conduct and the authority should be immediately suspended;

(b) 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 and the authority should be immediately suspended; or

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

(2) Without limiting the chief executive's powers under subsection (1), it is enough to immediately suspend an authority holder's authority if--

(a) a person complains to a police officer about the conduct of the authority holder and, having regard to the nature of the complaint, the chief executive believes, on reasonable grounds, the conduct complained of justifies taking action under subsection (1); or

(b) having regard to statements or other information about the conduct of the authority holder given to the chief executive, the chief executive believes, on reasonable grounds, the statements or other information justifies taking action under subsection (1).

(3) If the chief executive immediately suspends the authority, the suspension has effect under this section until the earlier of the following--

(a) the chief executive informs the authority holder of the chief executive's decision under section 21D(5);

(b) the end of 56 days after the notice is given to the authority holder or the end of any further period or periods by which the suspension is extended under subsection (5).

(4) The notice of immediate suspension must state--

(a) the reasons for the decision; and

(b) the general effect of subsection (3); and

(c) that the authority holder may apply within 28 days for a review of the decision to immediately suspend the authority; and

(d) how the authority holder may apply for a review of the decision; and

(e) that if the authority holder applies for a review, the authority holder may apply to a Magistrates Court for a stay of the decision.

(5) The chief executive may extend the period for which an authority is suspended under subsection (1) for a further period or periods of not more than 56 days on each occasion.

(6) However, in deciding whether to extend or further extend the period of the suspension of an authority holder's authority, the chief executive must have regard to--

(a) the information that was available to the chief executive when the chief executive first suspended the authority under subsection (1); and

(b) any further information relevant to the suspension that is in the chief executive's possession or of which the chief executive has since become aware; and

(c) whether in all the circumstances it is appropriate that the suspension be further extended.