Victorian Consolidated Regulations

2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 304

Procedures for variation, suspension and cancellation of driver licence or permit

304. Procedures for variation, suspension and cancellation of driver licence
or permit



(1) The Corporation, must not vary a driver licence or learner permit by
imposing a new condition on the driver licence or permit or suspend or cancel
a driver licence or permit under regulation 303 unless the Corporation
notifies the licence or permit holder in writing at least 28 days before the
variation, suspension or cancellation takes effect-

   (a)  that the Corporation proposes to vary, suspend or cancel the licence
        or permit; and

   (b)  the reasons for proposed variation, suspension or cancellation; and

   (c)  the effect and date of the proposed variation, suspension or
        cancellation; and

   (d)  action that may be taken by the person in order to avoid the
        variation, suspension or cancellation; and

   (e)  the date by which the person must take that action; and

   (f)  if the person must return the licence or permit to the Corporation,
        the date by which this must be done.

(2) A driver licence or permit is varied, suspended or cancelled in accordance
with the terms of a notice served under this regulation unless the
Corporation, by further notice in writing, withdraws the notice.

(3) This regulation does not apply to-

   (a)  the suspension of a licence under section 24(3) of the Act; or

   (b)  a person who has refused or failed to submit to, or has failed, a test
        under section 27(1) of the Act.

(4) If a person's driver licence or learner permit is suspended or cancelled-

   (a)  by the Corporation under section 24 or 25 of the Act; or

   (b)  by a court-

the person must, upon being served with a notice of the suspension or
cancellation-

   (c)  if the notice is served personally by a member of the police force or
        an officer of the Corporation or of the Court, give the licence or
        permit document immediately to the person who served the notice; or



   (d)  in any other case, send or take the licence or permit document to the
        place specified in the notice within the time specified in the notice.

Penalty: 5 penalty units. _______________