In this Part:examiner’s authority has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2007.
foreign driver licence has the same meaning as it has in the Road Transport (Driver Licensing) Regulation 2008.
proprietor’s authority has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2007.
vehicle registration law means:
(a) the Road Transport (Vehicle Registration) Act 1997, and(b) the Road Transport (Vehicle Registration) Regulation 2007.
This Part, instead of section 241 of the Act, applies to the decisions to which this Part refers. Accordingly, section 241 of the Act does not apply to those decisions.Note. See section 242 (1) (d) and (2) of the Act.
Division 2 Appeals concerning vehicle registration
13 Appeals concerning examiner’s authorities and proprietor’s authorities
(1) Any person aggrieved by a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to refuse to issue an examiner’s authority or a proprietor’s authority or to suspend or cancel such an authority, being a decision notified to the person under clause 64 of that Regulation, may appeal against the decision to the Local Court by lodging a notice of appeal with the Court not later than 21 days after being so notified.(2) A notice of appeal under this clause is to specify the grounds of the appeal.(3) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any appeal under this clause to the Authority and to the appellant, and in the notice to the Authority is to inform the Authority of the grounds of the appeal.(4) The time of the hearing of an appeal under this clause must be not earlier than 21 days after the date on which the notice under subclause (3) is given to the Authority.(5) The hearing of an appeal under this clause may proceed despite any omission or error in a notice under subclause (3), or the failure to give any such notice, if the Court is satisfied that the appellant and the Authority had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.(6) A report furnished under clause 63 of the Road Transport (Vehicle Registration) Regulation 2007 to the Authority, and certified by the Authority to have been so furnished, is to be received in proceedings before the Local Court in respect of an appeal under this clause as evidence of the contents of the report.
14 Determination of appeals concerning examiner’s authorities and proprietor’s authorities
(1) The Local Court is to hear and determine an appeal made to it under clause 13 and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.(2) For the purposes of varying a decision of the Authority under subclause (1), the Court may exercise only such powers as the Authority could have exercised under the Road Transport (Vehicle Registration) Regulation 2007 when making that decision.(3) The decision of the Local Court in respect of an appeal made under clause 13 is final and is binding on the appellant and on the Authority.
15 Appeals against certain registration decisions
(1) Any person aggrieved by any of the following decisions of the Authority may appeal against the decision to the Local Court:(a) a decision of the Authority to refuse to grant or renew the registration of a registrable vehicle under the vehicle registration law,(b) a decision of the Authority to vary the conditions of the registration of a registrable vehicle under the vehicle registration law,(c) a decision of the Authority to suspend the registration of a registrable vehicle under the vehicle registration law,(d) a decision of the Authority to cancel the registration of a registrable vehicle under the vehicle registration law,(e) a decision of the Authority to suspend the operation of clause 9 or 11 of Schedule 1 to the Road Transport (Vehicle Registration) Regulation 2007 in relation to a registrable vehicle,(f) a decision of the Authority to suspend the registration of, or to crash test, a registrable vehicle under Division 2 of Part 5.5 of the Act,(g) a decision of the Authority not to issue an authorisation to repair under section 16E (5) of the Road Transport (Vehicle Registration) Act 1997.(2) Notice of any such appeal specifying the grounds of the appeal must be lodged with the Local Court not later than 21 days after the date on which the appellant was notified by the Authority of the decision appealed against.(3) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any such appeal to the Authority and to the appellant, and in the notice to the Authority must inform the Authority of the grounds of the appeal.(4) The hearing of an appeal may proceed despite any omission or error in a notice under subclause (3), or the failure to give any such notice, if the Local Court is satisfied that the appellant and the Authority had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.(5) This clause does not apply to the suspension or cancellation of the registration of a vehicle, or the refusal to exercise a function, under Part 4 of the Fines Act 1996.
16 Determination of appeals against certain registration decisions
(1) The Local Court must hear and determine an appeal made to it under clause 15 and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.(2) For the purposes of varying a decision of the Authority under subclause (1), the Court may exercise only such powers as the Authority could have exercised under the vehicle registration law when making that decision.(3) The decision of the Local Court in respect of an appeal made under clause 15 is final and binding on the appellant and on the Authority.(4) Despite clause 16 (2), the Court may, in determining an appeal against the suspension of registration of a motor vehicle under section 219 of the Act, take into account whether or not the registered operator of the motor vehicle:(a) knew, or could reasonably be expected to have known, that the motor vehicle had been used or was likely to be used in connection with an offence under section 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999, or(b) knew, or could reasonably be expected to have known, that a suspension warning notice had been given in respect of the vehicle, or(c) had consented to the use of the vehicle or had taken all reasonable steps to prevent any person using the vehicle without consent.
Division 3 Appeals against decision of Authority concerning driver licensing
17 Authority to ensure notification of appeal rights
(1) In this Division, affected person means an applicant for a driver licence, the holder of an Australian driver licence or the holder of a foreign driver licence.(2) If an affected person is eligible to appeal to the Local Court under clause 18, the Authority must advise the person of the person’s right to appeal.
18 Appeals concerning driver licensing
(1) An affected person may appeal to the Local Court against any of the following decisions of the Authority:(a) a decision not to take into account, under clause 41 (3) of the Road Transport (Driver Licensing) Regulation 2008, some or all of the period the person has held a licence to drive a motor vehicle in an external Territory or another country,(b) a decision not to grant an application for the issue, variation or renewal of a driver licence under the Road Transport (Driver Licensing) Regulation 2008, not being a decision made under clause 46 (2) (d) of that Regulation,(c) a decision to suspend or cancel the person’s driver licence under section 33 of the Road Transport (Driver Licensing) Act 1998,(c1) a decision to give the person a notice of licence suspension under section 17B (1), or a notice of licence ineligibility under section 17C (1), of the Road Transport (Driver Licensing) Act 1998,(d) a decision to vary the person’s driver licence under clause 47 or 55 of the Road Transport (Driver Licensing) Regulation 2008,(e) a decision to suspend or cancel the person’s driver licence under clause 24, 29 or 55 of the Road Transport (Driver Licensing) Regulation 2008.(2) Despite subclause (1) (c)–(e), an affected person may not appeal to the Local Court against a decision of the Authority to cancel the person’s interlock driver licence under the Road Transport (Driver Licensing) Regulation 2008.(3) An affected person may appeal to the Local Court against a decision of the Authority, based on an opinion formed by the Authority under clause 99 (4) (f) or (g) of the Road Transport (Driver Licensing) Regulation 2008, that the person has ceased to be exempt from the requirements of the Road Transport (Driver Licensing) Act 1998 and that Regulation.(4) Despite any other provision of this clause, an appeal under this clause does not permit review of:(a) the guilt or innocence of the person concerned, or(b) the imposition of a penalty or the level of a penalty imposed on the person concerned.Note. The effect of this provision is that, for example, in an appeal against a suspension or cancellation action taken under section 17 of the Road Transport (Driver Licensing) Act 1998 against the holder of a provisional driver licence because of demerit points, the Local Court cannot revisit the issue of an offence in relation to which the demerit points were incurred or the imposition of a penalty in relation to such an offence. In any such case, the Local Court may exercise only the powers that the Authority could exercise under section 17 of that Act (see clause 20 (4)).(5) Notice of any such appeal specifying the grounds of the appeal must be lodged with the Local Court not later than 28 days after the date on which the appellant was notified pursuant to clause 17.(6) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any such appeal to the Authority and to the appellant, and in the notice to the Authority must inform the Authority of the grounds of appeal.(7) The hearing of the appeal may proceed despite any omission or error in a notice under subclause (6), or the failure to give any such notice, if the Court is satisfied that the appellant and the Authority had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.
19 Affected person entitled to be given reasons
(1) An affected person who is entitled under clause 18 to appeal to the Local Court against a decision of the Authority may apply to the Authority for written reasons for the decision.(2) Within 14 days after receiving an application under this clause, the Authority must provide to the applicant:(a) a written statement of the decision and written reasons for the decision, and(b) information as to the identity or position in the Authority of the person who made the decision.(3) An application for reasons may be made before or during the period in which an affected person may lodge a notice of appeal under clause 18.(4) An affected person cannot make an application under this clause if the Authority has already provided the person with the details referred to in subclause (2).
20 Determination of appeals concerning driver licensing
(1) The Local Court must hear and determine an appeal made to it under clause 18 and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.(2) The Local Court may allow an appeal against a decision to suspend a person’s driver licence under the Road Transport (Driver Licensing) Regulation 2008 on the grounds referred to in clause 55 (2) of that Regulation only if the Court is satisfied:(a) that there is nothing in the person’s medical condition to suggest that the person is, or will again become, incapable of controlling a motor vehicle, and(b) that the incident that led to the suspension of the licence:(i) was caused by something other than the person’s medical condition at the time, or(ii) was caused by the person’s medical condition at that time, being a condition to which the person is no longer subject.(3) The fact that a person has been acquitted of an offence arising out of the incident that led to the suspension of the person’s driver licence, following the person’s allegation that the incident was caused by the person’s medical condition at that time, is irrelevant to the Local Court’s consideration of the matters referred to in subclause (2) (b).(4) For the purposes of varying a decision of the Authority under subclause (1), the Court may exercise only such powers as the Authority could have exercised under the Road Transport (Driver Licensing) Act 1998 or the Road Transport (Driver Licensing) Regulation 2008 when making that decision.(5) If in any proceedings concerning a decision of the Authority about a licence it appears to the Court that:(a) the licence is affected by another decision of the Authority as well as the one under review in those proceedings, and(b) the appellant has commenced or intends to commence appeal proceedings under this clause in respect of that other decision,the Court may adjourn the proceedings pending hearing of that other appeal or so that both appeals may be heard together.(6) The decision of the Local Court in respect of an appeal made under clause 18 is final and binding on the appellant and the Authority.
21 Stay of decision pending appeal
(1) This clause applies to the following decisions:(a) a decision by the Authority to suspend, vary or cancel a driver licence under the Road Transport (Driver Licensing) Act 1998 on any ground other than medical unfitness or incompetence to drive a motor vehicle,(b) a decision by the Authority that an exemption under the Road Transport (Driver Licensing) Act 1998 from a requirement to hold a driver licence no longer applies to a person.(2) If an affected person appeals against a decision, the decision has effect:(a) only if the Local Court hearing the appeal confirms the decision or the appeal is withdrawn, and(b) subject to any variation of the decision by the Local Court, and(c) on and from the date on which the Local Court confirms the decision or on such later date as the Local Court may order or, if the appeal is withdrawn, on the date on which it is withdrawn.
Division 4 Appeals against decision of police officer concerning licence suspension
22 Appeals concerning police officer suspension notices
(1) A person may appeal to the Local Court against a decision of a police officer to give the person a suspension notice under section 205 or 206 of the Act.(2) Despite any other provision of this clause, an appeal under this clause does not permit review of:(a) the guilt or innocence of the person concerned, or(b) the imposition of a penalty or the level of a penalty imposed on the person concerned.(3) Notice of any such appeal specifying the grounds of the appeal must be lodged with the Local Court not later than 28 days after the date on which the appellant is given the suspension notice.(4) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any such appeal to the Commissioner of Police and to the appellant, and in the notice to the Commissioner must notify the Commissioner as to the grounds of appeal.(5) The hearing of the appeal may proceed despite any omission or error in a notice under subclause (4), or the failure to give any such notice, if the Court is satisfied that the appellant and the Commissioner had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.
23 Determination of appeals concerning police suspension notices
(1) The Local Court must hear and determine an appeal made to it under clause 22 and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.(2) In determining an appeal made under clause 22, the Local Court is not to vary or set aside a decision to issue a suspension notice unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension.(3) For the purposes of varying a decision under this clause, the Court may exercise only such powers as the police officer could have exercised under section 205 or 206 of the Act when making that decision.(4) If in any proceedings concerning a decision of a police officer to issue a suspension notice it appears to the Court that:(a) the licence of the appellant is affected by a decision of the Authority as well, and(b) the appellant has commenced or intends to commence appeal proceedings under clause 18 in respect of that other decision,the Court may adjourn the proceedings pending hearing of that other appeal or so that both appeals may be heard together.(5) The decision of the Local Court in respect of an appeal made under clause 22 is final and binding on the appellant and the Commissioner of Police.
(1) If a person makes an appeal to the Local Court under clause 22 (1) against a decision of a police officer to give the person a suspension notice, the Local Court may make an order staying the decision, but only in exceptional circumstances.(2) In determining exceptional circumstances for the purposes of subclause (1), the Local Court is to take into account each of the following:(a) the strength of the prosecution evidence,(b) the affected person’s need for a licence,(c) the potential danger to the community if an order is made,(d) any other matter that the Local Court considers to be relevant.
Division 5 Other appeals and applications
25AA Registrar to give notice of appeals under Division
(1) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any appeal under this Division to the Authority and to the appellant and, in the notice to the Authority, is to inform the Authority of the grounds of the appeal.(2) The time of the hearing of an appeal under this Division must be not earlier than 21 days after the date on which the notice under this clause is given to the Authority.(3) The hearing of an appeal under this Division may proceed despite any omission or error in a notice under this clause, or the failure to give any such notice, if the Court is satisfied that the appellant and the Authority had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.
25 Appeals against revocation of interlock device approvals
(1) (Repealed)(2) A person dissatisfied with a decision of the Authority to revoke an approval within the meaning of Part 10 (Interlock driver licences and devices) of the Road Transport (Driver Licensing) Regulation 2008 may appeal against the decision to the Local Court by lodging a notice of appeal with the Local Court not later than 28 days after receiving notice of the revocation.(3) A notice of appeal under this clause is to specify the grounds of the appeal.(4) The Local Court is to hear and determine an appeal made to it under this clause and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.(5) The decision of the Local Court in respect of an appeal made under this clause is final and is binding on the appellant and on the Authority.(6) (Repealed)
28 Appeals concerning accreditation schemes
(1) Any person aggrieved by any of the following decisions of the Authority may, after an internal review of the decision is finalised, appeal against the decision to the Local Court:(a) a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to vary, suspend or cancel a registered operator’s accreditation under an accreditation scheme under Division 6 of Part 5 of that Regulation,(b) a decision of the Authority under the Road Transport (Mass, Loading and Access) Regulation 2005 to vary, suspend or cancel a registered operator’s or vehicle’s accreditation under the Mass Management Accreditation Scheme under Part 6 of that Regulation.(c) (Repealed)(2) Notice of such an appeal specifying the grounds of the appeal must be lodged with the Local Court not later than 21 days after the internal review of the decision being appealed against was finalised.(3) The Local Court is to hear and determine an appeal made to it under this clause and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.(4) For the purposes of varying a decision of the Authority under subclause (3), the Court may exercise only such powers as the Authority could have exercised under the Road Transport (Vehicle Registration) Regulation 2007 or the Road Transport (Mass, Loading and Access) Regulation 2005 when making that decision.(5) The decision of the Local Court in respect of an appeal made under this clause is final and is binding on the appellant and on the Authority.(6) In this clause, internal review means:(a) in relation to a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to vary, suspend or cancel a registered operator’s accreditation under an accreditation scheme under Division 6 of Part 5 of that Regulation—an internal review under clause 76 of that Regulation, and(b) in relation to a decision of the Authority under the Road Transport (Mass, Loading and Access) Regulation 2005—an internal review under clause 72 of that Regulation.(c) (Repealed)
29A Appeals concerning mobility parking scheme authorities
(1) Any person aggrieved by a decision of the Authority under clause 126P of the Road Transport (Safety and Traffic Management) Regulation 1999 to revoke a mobility parking scheme authority may appeal against the decision to the Local Court.(2) Notice of such an appeal specifying the grounds of the appeal must be lodged with the registrar of the Local Court to which the appeal is being made not later than 21 days after the holder of the scheme authority is notified in writing of the decision being appealed against.(3) The Local Court is to hear and determine an appeal made to it under this clause and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.(4) For the purposes of varying a decision of the Authority under subclause (3), the Court may exercise only such powers as the Authority could have exercised under the Road Transport (Safety and Traffic Management) Regulation 1999 when making that decision.(5) The decision of the Local Court in respect of an appeal made under this clause is final and is binding on the appellant and on the Authority.
29B Appeals concerning compliance certificates and certifier’s licences
(1) Any person aggrieved by any of the following decisions of the Authority under Part 5A of the Road Transport (Vehicle Registration) Regulation 2007 (the vehicle registration regulation) may appeal against the decision to the Local Court by lodging a notice of appeal with the Court not later than 21 days after being notified of the decision:(a) a decision to cancel a compliance certificate,(b) a decision to refuse an application for a certifier’s licence or for the renewal or variation of a certifier’s licence (but not a decision to refuse an application for a licence on the ground that the Authority is of the opinion that the person is not a fit and proper person to hold such a licence),(c) a decision to cancel or suspend a certifier’s licence or vary a certifier’s licence or the term of a certifier’s licence (but not a decision to impose or vary a condition on all certifier’s licences or a decision under clause 76AK of the vehicle registration regulation to immediately suspend a certifier’s licence).(2) A decision that is the subject of an appeal under this clause has effect:(a) only if the Local Court hearing the appeal confirms the decision or the appeal is withdrawn, and(b) subject to any variation of the decision by the Local Court, and(c) on and from the date on which the Local Court confirms the decision or on such later date as the Local Court may order or, if the appeal is withdrawn, on the date on which it is withdrawn.(3) A notice of appeal under this clause is to specify the grounds of the appeal.(4) The Local Court is to hear and determine an appeal made to it under this clause and may confirm (with or without variation) or disallow the decision appealed against or make such other order in the circumstances as to the Court seems just.(5) For the purposes of varying a decision of the Authority under subclause (4), the Court may exercise only such powers as the Authority could have exercised under the vehicle registration regulation when making that decision.(6) The decision of the Local Court in respect of an appeal made under this clause is final and is binding on the appellant and on the Authority.