Victorian Numbered Acts

FAIR TRADING AND CONSUMER ACTS FURTHER AMENDMENT ACT 2008 (NO. 2 OF 2008) - SECT 45

After section 52 of the Trade Measurement Act 1995 insert —

    " 52A     Continuation of weighbridge suitability statement in particular circumstances

    (1)     This section applies if—

        (a)     before the end of the period for which a weighbridge suitability statement is in force for a particular weighbridge, a licensee pays the fee for a new weighbridge suitability statement; and

        (b)     the administering authority has not caused the weighbridge to be examined for the purpose of providing a new weighbridge suitability statement.

    (2)     The licensee may continue to operate the weighbridge under the licence until the administering authority—

        (a)     issues to the licensee a copy of the public weighbridge licence for the weighbridge with a weighbridge suitability statement on it in force for the period for which the fee payable in relation to the statement has been paid; or

        (b)     decides the weighbridge is no longer suitable for use as a public weighbridge and gives written notice of the decision to the licensee under section 52B(2).

        52B     If weighbridge no longer suitable for use as a public weighbridge

    (1)     This section applies if the administering authority decides a public weighbridge is no longer suitable for use as a public weighbridge.

    (2)     The administering authority may give the licensee a notice stating—

        (a)     why the administering authority considers the public weighbridge is no longer suitable for use as a public weighbridge; and

        (b)     that the licensee may make written representations to the administering authority within 28 days stating why the licensee considers the public weighbridge licence for the public weighbridge should not be cancelled.

    (3)     After considering any representations made to the administering authority, the administering authority may—

        (a)     decide to take no further action against the licensee; or

        (b)     recommend to the licensing authority that the public weighbridge licence for the public weighbridge be cancelled.

    (4)     The licensing authority may cancel the licence on the recommendation of the administering authority under subsection (3)(b).

    (5)     The administering authority must give the licensee a written notice stating—

        (a)     the decision and the reason for the decision; and

        (b)     that if the licensing authority cancels the licensee's licence, the licensee may appeal against the decision to the appeals tribunal under the Administration Act.

    (6)     This section does not limit section 7.".