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Subject: Drivers [may] have had licences illegally suspended by RTA Posted on: Fri, 04 Jul 2008 10:06:59 +1000

http://www.news.com.au/dailytelegraph/story/0,22049,23965895-5001021,00.html

The relevant regulation appears to be:

http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtlr1999431/s39.html

While it clearly says that the notice must indicate whether the licence
must be returned, it seems to me that a higher court would treat this as
"directory". That is, it's an instruction to the RTA about what to put
on the notice, rather than a requirement for a notice to be valid.

Note the inconsistency between (3) which appears to allow the RTA to say
that a person need not return their licence, and (5) which requires that
the licence be returned by the specified date. Of course, complying with
(5) is problematic if the RTA didn't specify a date.

Sylvia.