107Mandatory refusal of accreditation

107 Mandatory refusal of accreditation

S. 107(1) amended by No. 49/2019 s. 140(Sch. 2 item 89(a).

(1) The Secretary must refuse an application under section 101 if the Secretary believes on reasonable grounds that the applicant—

S. 107(1)(a) substituted by No. 55/2013 s. 22.

(a) does not hold—

(i) a driver licence under the Road Safety Act 1986; or

(ii) in the case of an applicant whose place of residence is outside of Victoria—a driver licence issued by the jurisdiction in which the person resides; or

(b) subject to subsection (2), has been found guilty of an offence listed in clause 1 of Schedule 2; or

(c) is disqualified under section 111 or 125 from applying for accreditation under this Part.

Note to s. 107(1)(c) amended by No. 49/2019 s. 140(Sch. 2 item 89(b)).

Section 132 provides if the Secretary has refused an application under paragraph (b) or (c) the applicant may make an application to the original jurisdiction of VCAT for an order that the Secretary grant or renew accreditation under this Part.

(2) Subsection (1)(b) does not apply to the renewal of an accreditation under this Part if the offence listed in clause 1 of Schedule 2, which the applicant was found guilty of, was considered—

(a) in any previous application by the applicant for accreditation or renewal under this Part; or

(b) in any disciplinary proceedings under this Part against the applicant.

S. 108 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 90).

S. 180 amended by No. 49/2019 s. 140(Sch. 2 item 91).