Vehicle and Traffic (Review of Decisions) Amendment Regulations 2014


Tasmanian Crest
Vehicle and Traffic (Review of Decisions) Amendment Regulations 2014

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .

3 February 2014

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J. O'BYRNE

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Review of Decisions) Amendment Regulations 2014 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Review of Decisions) Regulations 2010 are referred to as the Principal Regulations.

4.    Schedule 1 amended (Administrative Decisions and Eligible Persons)

Part 1 of Schedule 1 to the Principal Regulations is amended as follows:
(a) by inserting "other than the imposition of an I condition under regulation 22(9A)" after " (8) " in column 3 of item 2 in the table ;
(b) by inserting after item 4 the following:

4A. 

A decision of the Registrar to refuse an application for an exemption from the application of regulation 26B(2)(a)

Regulation 26N

The person whose application has been refused

4B. 

A decision of the Registrar to place conditions on, or cancel, an exemption from the application of regulation 26B(2)(a)

Regulation 26N

The person who has been issued the exemption

(c) by inserting "(subject to regulation 32 (5))" after " Regulation 32(1) " in column 3 of item 5 in the table .

5.   Right of appeal

(1)  In this regulation –
relevant determination means a determination that has been made by the Registrar–
(a) before the commencement of these regulations; and
(b) as a result of a review, by the Department, of a decision that was made by the Registrar in respect of an application under regulation 26N(1) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 .
(2)  A person who is aggrieved by a relevant determination may apply to the Magistrates Court (Administrative Appeals Division) for a review of the relevant determination.
(3)  After hearing an application under subregulation (2) , the Magistrates Court (Administrative Appeals Division) may, by order –
(a) affirm the relevant determination; or
(b) set aside the relevant determination.
(4)  If subregulation (3)(b) applies, the Magistrates Court (Administrative Appeals Division) may, by order and with or without directions, remit the matter for reconsideration by the Registrar in accordance with any directions or recommendations of the Court.
(5)  If, before the commencement of these regulations –
(a) a person has applied to the Department for a review of a decision, that was made by the Registrar, in respect of an application under regulation 26N(1) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 ; and
(b) a determination in respect of that application has not been made by the Registrar –
the application is taken to be an application under the Principal Regulations, for a review of that decision, that was lodged on the day these regulations commence.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 5 February 2014

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Review of Decisions) Regulations 2010 by –
(a) making a decision of the Registrar, in respect of an exemption from certain aspects of the mandatory alcohol interlock program, subject to review; and
(b) clarifying other decisions that are subject to review.