Road Transport (General) Act 1999 - Road Transport (General) Amendment (Hire Trailer Appeals) Regulation 2001 (2001-812) [GG No 156 of 12.10.2001, p 8522] (NSW)

Case

2001 No 812

Road Transport (General) Amendment New South Wales

(Hire Trailer Appeals) Regulation 2001

under the

Road Transport (General) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 1999.

CARL SCULLY, M.P.,

Minister for Roads

Explanatory note
The object of this Regulation is to amend the Road Transport (General) Regulation 1999 to enable a person aggrieved by a decision of the Roads and Traffic Authority (the Authority) to vary, suspend or cancel a registered operator's accreditation under the Hire Trailer Maintenance Management Accreditation Scheme to appeal against the decision. This Regulation enables the person to appeal against the decision to a Local Court (but only after an internal review by the Authority of the decision is finalised).
The Local Court hearing the appeal may confirm (with or without variation) or disallow the decision appealed against, or make another order that in the circumstances seems just to the Court.
This Regulation also makes various amendments in the nature of statute law section 71 (the general regulation-making power) and clause 24 of Schedule 2 to that Act.

revision.

Published in Gazette No 156 of 12 October 2001, page 8522 Page 1
[4]
2001 No 812
Clause 1 Road Transport (General) Amendment (Hire Trailer Appeals) Regulation
2001

Road Transport (General) Amendment (Hire Trailer
Appeals) Regulation 2001

  1. Name of Regulation

    This Regulation is the Road Transport (General) Amendment (Hire
    Trailer Appeals) Regulation 2001.

  2. Amendment of Road Transport (General) Regulation 1999

    The Road Transport (General) Regulation 1999 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2001 No 812

Road Transport (General) Amendment (Hire Trailer Appeals) Regulation

2001

Amendments Schedule 1
Schedule 1 Amendments

(Clause 2)

  1. Schedule 2 Savings and transitional provisions

    Omit the heading to clause 10A. Insert instead:

10A Appeals concerning Accreditation Schemes
  1. Schedule 2, clause 10A (1) (a)

    Omit the paragraph. Insert instead:

(a) a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 1998 to vary, suspend or cancel a registered operator's accreditation under a Maintenance Management Accreditation Scheme under Part 6 of Chapter 5 of that Regulation,
  1. Schedule 2, clause 10A (1) (c)

    Insert after clause 10A (1) (b):

(c) a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 1998 to vary, suspend or cancel a registered operator's accreditation under the Hire Trailer Maintenance Management Accreditation Scheme under Part 7 of Chapter 5 of that Regulation.
  1. Schedule 2, clause 10A (7)

    Omit the clause. Insert instead:

(7)

For the purposes of varying a decision of the Authority under subclause (6), the Court may exercise only such powers as the Authority could have exercised under the Road Transport (Vehicle Registration) Regulation 1998 or the Road Transport (Mass, Loading and Access) Regulation 1996 when making that decision.

2001 No 812

Road Transport (General) Amendment (Hire Trailer Appeals) Regulation

2001

Schedule 1 Amendments
  1. Schedule 2, clause 10A (9) (a)

    Omit the paragraph. Insert instead:

(a) in relation to a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 1998 to vary, suspend or cancel a registered operator's accreditation under a Maintenance Management Accreditation Scheme under Part 6 of Chapter 5 of that Regulation—an internal review under clause 78E of that Regulation, and
  1. Schedule 2, clause 10A (9) (c)

    Insert after clause 10A (9) (b):

    , and

(c)

in relation to a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 1998 to vary, suspend or cancel a registered operator's accreditation under the Hire Trailer Maintenance Management Accreditation Scheme under Part 7 of Chapter 5 of that Regulation—an internal review under clause 78K of that Regulation.

BY AUTHORITY

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