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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 22B
Accredited operator to notify if authorised driver charged with or convicted of driver disqualifying offence
22B Accredited operator to notify if authorised driver charged with or
convicted of driver disqualifying offence
(1) This section applies if an accredited operator reasonably believes that an
authorised driver who drives a vehicle for the operator has been charged with,
or convicted of, a driver disqualifying offence.
(2) The accredited operator
must immediately notify the chief executive, in writing, about the charging or
conviction of the authorised driver. Penalty— Maximum penalty—10
penalty units.
(3) However, the accredited operator need not comply with
subsection (2) if the operator reasonably believes the chief executive has
already been notified that the authorised driver has been charged with, or
convicted of, the driver disqualifying offence.
(4) The accredited operator
is not liable, civilly, criminally or under an administrative process, for
complying with subsection (2) .
(5) Without limiting subsection (4) — (a)
in a proceeding for defamation, the accredited operator has a defence of
absolute privilege for publishing the information; and
(b) if the accredited
operator would otherwise be required to maintain confidentiality about the
information under an Act, oath, rule of law or practice— (i) the accredited
operator does not contravene the requirement by disclosing the information;
and
(ii) the accredited operator is not liable to disciplinary action for
giving the information.
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