Western Australian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD TRAFFIC (VEHICLE STANDARDS) REGULATIONS 2002 - REG 56

56 .         Amending or revoking a departmental exemption other than in urgent circumstances

        (1)         This regulation applies if —

            (a)         the Director General considers that a ground exists to amend or revoke an exemption, other than on application; and

            (b)         the Director General is not satisfied as to the matters mentioned in regulation 55(1)(b).

        (2)         If this regulation applies in relation to a departmental exemption the Director General must give the exemption holder a written notice that —

            (a)         tells the exemption holder of the proposed amendment or revocation;

            (b)         states the ground for the proposed amendment or revocation;

            (c)         outlines the facts and other circumstances forming the basis for the Director General’s view that the ground exists; and

            (d)         invites the exemption holder to state in writing to the Director General, within a stated time of at least 28 days after the notice is given to the exemption holder, why the exemption should not be amended or revoked as proposed by the Director General (the "proposed action” ).

        (3)         If, after considering any written statement made to the Director General by the exemption holder within the stated time, the Director General is reasonably satisfied that a ground exists to take the proposed action, the Director General may —

            (a)         if the proposed action is to amend the exemption in a stated way — amend the exemption in that way; or

            (b)         if the proposed action is to revoke the exemption —revoke the exemption or amend it in any way.

        (4)         If the Director General amends or revokes the exemption, the Director General must tell the exemption holder in writing of the decision, give the exemption holder written reasons for the decision, and tell the exemption holder that the exemption holder may apply to have the decision reconsidered.



[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]