Vehicle and Traffic (Review of Decisions) Amendment Regulations 2014

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 .

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.   

The amendments effected by this regulation have been incorporated into the authorised version of the Vehicle and Traffic (Review of Decisions) Regulations 2010 .

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.