Northern Territory Numbered Acts

TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL LEGISLATION AMENDMENT ACT 2022 (NO 29 OF 2022) - SECT 65

After regulation 207

insert

207A     Administrative determination on initiative of Competent Authority

    (1)     The Competent Authority may, on its own initiative, make an administrative determination in relation to a person in accordance with this regulation.

    (2)     Before the Competent Authority makes the administrative determination, the Competent Authority must give the person a notice that:

    (a)     sets out the proposed determination; and

    (b)     sets out the reasons for proposing to make the determination; and

    (c)     outlines the facts and other circumstances forming the basis for those reasons; and

    (d)     invites the person to state in writing, within a specified period of at least 28 days after the day when the notice is given, why the determination should not be made.

    (3)     If, after considering any written statement made within the specified period, the Competent Authority reasonably believes that the determination should be made, the Competent Authority may make the determination.

    (4)     An administrative determination under this regulation may only impose a condition on a determination that is:

    (a)     directly related to the determination; and

    (b)     reasonably required to give effect to the determination.