109Discretionary refusal of accreditation

109 Discretionary refusal of accreditation

S. 109(1) amended by No. 49/2019 s. 140(Sch. 2 item 92(a)).

(1) The Secretary may refuse an application for accreditation under section 101 if the Secretary—

(a) is aware that the applicant has been found guilty of an offence listed in clause 3 of Schedule 2; or

(b) is aware that the applicant is subject to a charge for an offence listed in Schedule 2 that has not been finally disposed of at the time of considering the application.

S. 109(2) amended by No. 49/2019 s. 140(Sch. 2 item 92(a)).

(2) The Secretary may refuse an application for accreditation referred to it by VCAT under section 132(2)(a)(ii) if the Secretary is not satisfied as to the matters set out in section 106(b).

S. 109(3) amended by No. 49/2019 s. 140(Sch. 2 item 92(b)).

(3) In exercising a discretion under this section in relation to an offence, the Secretary must have regard to—

(a) the nature and gravity of the offence or alleged offence and its relevance to the activities in respect of which accreditation is sought; and

(c) if there has been a finding of guilt or a conviction, whether the finding of guilt or the conviction was recorded; and

(e) the age of the applicant when the offence or alleged offence was committed or was alleged to have been committed; and

(f) if there has been a finding of guilt or a conviction, whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and

(g) the behaviour of the applicant since committing the offence or since the offence was alleged to have been committed; and

(h) the likelihood of the applicant committing an offence in the future, in particular, any future threat to persons involved in accidents or the owners of accident damaged motor vehicles; and

(i) any information given by the applicant; and

S. 109(3)(j) amended by No. 49/2019 s. 140(Sch. 2 item 92(b)).

(j) any other matter that the Secretary considers relevant.