Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 15A

Suspension or cancellation of vehicle tester authorisations2

15A. Suspension or cancellation of vehicle tester authorisations2



(1) The Corporation may, in accordance with the regulations, suspend for 30
days or more or cancel an authorisation granted to a person under regulations
made under item 9 of Schedule 2 if it is of the opinion that-

   (a)  the person has ceased to be a fit and proper person to hold the
        authorisation; or

   (b)  the person's premises are no longer suitably equipped to carry out
        examinations and tests; or

   (c)  none of the person's employees is qualified to carry out examinations
        and tests; or

   (d)  any provision of the regulations which applies in respect of
        authorised persons and the testing of vehicles has not been complied
        with.

(2) The Corporation may, in accordance with the regulations, immediately
suspend until the charge has been determined an authorisation granted to a
person under regulations made under item 9 of Schedule 2 if the person is
charged with-

   (a)  an offence involving violence or the threat of violence; or

   (b)  theft or an offence involving deception or fraud; or

   (c)  an offence against paragraph (e) or (f) of section 61(1); or

   (d)  an offence involving the risk of injury to the public-

and may, in accordance with the regulations, cancel the authorisation if the
person is convicted of any such offence.

(3) The Corporation may, in accordance with the regulations, suspend for 3
months an authorisation granted to a person under regulations made under item
9 of Schedule 2 if the person incurs 12 or more demerit points within any 3
year period.

(4) The circumstances in which demerit points are incurred or cancelled and
the number of points incurred are as prescribed.

(5) The holder of an authorisation granted under regulations made under item 9
of Schedule 2 may appeal to the Magistrates' Court against a decision of the
Corporation to suspend or cancel that authorisation.

(6) An appeal against a decision of the Corporation made under subsection (3)
may only be made on either or both of the following grounds:

   (a)  That demerit points have been recorded against the appellant in error
        or because of wrongful or mistaken identity;

   (b)  That a miscalculation has been made in assessing the total number of
        demerit points incurred by the appellant.

(7) The giving, in accordance with the regulations, of a notice of appeal
against a decision of the Corporation made under subsection (3) stays the
suspension of the authorisation pending the determination of the appeal.

(8) On an appeal under this section the Magistrates' Court must-

   (a)  re-determine the matter of the suspension or cancellation; and

   (b)  hear any relevant evidence tendered by the appellant or the
        Corporation; and

   (c)  without limiting its discretion, take into consideration anything that
        the Corporation ought to have considered.

(9) On an appeal against a decision of the Corporation made under subsection
(3) the Magistrates' Court may-

   (a)  in allowing the appeal, give to the Corporation any directions it
        thinks proper for the amendment of any demerits register kept by the
        Corporation; or

   (b)  in dismissing the appeal, order that the suspension take effect from a
        date specified in the order.

(10) Every decision of the Magistrates' Court on an appeal under this section
is final and conclusive and must be given effect to by the Corporation.