Victorian Current Acts Victorian Current ActsS. 15A(1) amended by No. 49/2019 s. 116(Sch. 1 item 23(a)).
(1) The Secretary may, in accordance with the regulations, suspend for 30 days or more or cancel an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the Secretary is of the opinion that—
(a) the person has ceased to be a fit and proper person to hold the authorisation; or
(b) the person's premises are no longer suitably equipped to carry out examinations and tests; or
(c) none of the person's employees is qualified to carry out examinations and tests; or
(d) any provision of the regulations which applies in respect of authorised persons and the testing of vehicles has not been complied with.
S. 15A(1A) inserted by No. 74/2013 s. 11(1), amended by Nos 5/2016 s. 17, 49/2019 s. 116(Sch. 1 item 23(b)).
(1A) If the authorisation of a person is cancelled under subsection (1), the Secretary may, in accordance with the regulations, disqualify the person from applying for a further authorisation under regulations made under item 9 of Schedule 2.
S. 15A(2) amended by No. 49/2019 s. 116(Sch. 1 item 23(b)).
(2) The Secretary may, in accordance with the regulations, immediately suspend until the charge has been determined an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the person is charged with—
(a) an offence involving violence or the threat of violence; or
(b) theft or an offence involving deception or fraud; or
(c) an offence against paragraph (e) or (f) of section 61(1); or
(d) an offence involving the risk of injury to the public—
and may, in accordance with the regulations, cancel the authorisation if the person is convicted of any such offence.
S. 15A(3) amended by No. 49/2019 s. 116(Sch. 1 item 23(b)).
(3) The Secretary may, in accordance with the regulations, suspend for 3 months an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the person incurs 12 or more demerit points within any 3 year period.
(4) The circumstances in which demerit points are incurred or cancelled and the number of points incurred are as prescribed.
S. 15A(5) amended by Nos 74/2013 s. 11(2), 49/2019 s. 116(Sch. 1 item 23(b)).
(5) The holder of an authorisation granted under regulations made under item 9 of Schedule 2 may appeal to the Magistrates' Court against a decision of the Secretary to suspend or cancel that authorisation or to disqualify the holder of the authorisation from applying for a further authorisation.
S. 15A(6) amended by Nos 49/2019 s. 116(Sch. 1 item 23(b)), 34/2023 s. 58(1)(a).
(6) An appeal against a decision of the Secretary made under subsection (3) may only be made on either or both of the following grounds—
S. 15A(6)(a) amended by No. 34/2023 s. 58(1)(b).
(a) that demerit points have been recorded against the appellant in error or because of wrongful or mistaken identity;
S. 15A(6)(b) amended by No. 34/2023 s. 58(1)(b).
(b) that a miscalculation has been made in assessing the total number of demerit points incurred by the appellant.
S. 15A(7) amended by No. 49/2019 s. 116(Sch. 1 item 23(b)).
(7) The giving, in accordance with the regulations, of a notice of appeal against a decision of the Secretary made under subsection (3) stays the suspension of the authorisation pending the determination of the appeal.
(8) On an appeal under this section the Magistrates' Court must—
S. 15A (8)(a) amended by No. 74/2013 s. 11(3).
(a) re-determine the matter of the suspension, cancellation or disqualification; and
S. 15A(8)(b) amended by No. 49/2019 s. 116(Sch. 1 item 23(b)).
(b) hear any relevant evidence tendered by the appellant or the Secretary; and
S. 15A(8)(c) amended by No. 49/2019 s. 116(Sch. 1 item 23(b)).
(c) without limiting its discretion, take into consideration anything that the Secretary ought to have considered.
S. 15A(8A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 50.2).
(8A) Nothing in subsection (8) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under this section.
S. 15A(9) amended by No. 49/2019 s. 116(Sch. 1 item 23(c)(i)).
(9) On an appeal against a decision of the Secretary made under subsection (3) the Magistrates' Court may—
S. 15A(9)(a) amended by No. 49/2019 s. 116(Sch. 1 item 23(c)(ii)).
(a) in allowing the appeal, give to the Secretary any directions it thinks proper for the amendment of any demerits register kept by the Secretary; or
(b) in dismissing the appeal, order that the suspension take effect from a date specified in the order.
S. 15A(10) amended by No. 49/2019 s. 116(Sch. 1 item 23(d)).
(10) Every decision of the Magistrates' Court on an appeal under this section is final and conclusive and must be given effect to by the Secretary.
S. 16 amended by Nos 44/1989 s. 41(Sch. 2 item 34.4), 84/1994 s. 57(1), 58/1995 s. 7(1).