• Specific Year
    Any

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 77 77 Amendment of s 28B (Driver authorisation—category B driver disqualifying offences)

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 77

77 Amendment of s 28B (Driver authorisation—category B driver disqualifying offences)

(1) Section 28B—

insert—

'(3A) Subsection (4) applies only if the person has been convicted of a category B driver disqualifying offence that is also a serious offence or disqualifying offence under the CCYPCG Act to the extent that any qualification under the CCYPCG Act applies to the serious offence or disqualifying offence.

'(4A) For subsection (4), the chief executive may give to the children's commissioner the information, including any written representations mentioned under subsection (3)(c), the chief executive reasonably considers necessary for the children's commissioner to consider whether an exceptional case exists.

'(4B) Also for subsection (4), the chief executive is taken to have made the request under that subsection if the chief executive obtains confirmation, using the online validation service on the website of the children's commission, that a person is the holder of a current positive notice under the CCYPCG Act.

'(5A) However, if subsection (4B) applies, the children's commissioner is taken to have advised the chief executive that the children's commissioner considers that an exceptional case exists.

Editor's note—
On the commencement of this section, the online validation of a positive notice can be accessed on the children's commission website at .'.

(2) Section 28B(6), after 'exclusion action'—

insert—

'if the children's commissioner's advice was requested under subsection (4)'.

(3) Section 28B—

insert—

'(9) In this section—

children's commission means the Commission for Children and Young People and Child Guardian under the CCYPCG Act.'.