75Cancellation or suspension of accreditation or licence

75 Cancellation or suspension of accreditation or licence (1) Where the Director is satisfied that: (a) an accredited operator has contravened or failed to comply with a condition of his or her accreditation; or (b) a commercial passenger vehicle is being or has been operated in contravention of or otherwise than in accordance with a licence; or (ba) a person or responsible person for a body corporate has failed to comply with a request from the Director under section 75D(5) or (6); the Director may: (c) cancel the accreditation and/or licence; or (d) suspend the accreditation and/or licence for such period, being not longer than 4 weeks, as the Director thinks fit. (2) Where the Director is satisfied that an accredited operator or the holder of a licence is not a fit and proper person to be accredited or hold a licence, the Director may: (a) cancel the accreditation or licence; or (b) suspend the accreditation or licence for such period as the Director thinks fit. (3) For the purposes of subsection (2), an accredited operator or the holder of a licence is not a fit and proper person to be accredited or to hold the licence in any case where, if the operator or holder of the licence were to apply for accreditation or the licence at the time the Director was considering the matter, the application would be refused. (3A) If the Director is satisfied that a responsible person for a body corporate that is an accredited operator is not a fit and proper person for the purposes of accreditation of the body corporate, the Director may: (a) cancel the accreditation of the body corporate; or

Commercial Passenger (Road) Transport Act 1991 53 (b) suspend the accreditation of the body corporate for such a period as the Director thinks fit. (3B) For the purposes of subsection (3A), the responsible person for a body corporate that is an accredited operator is not a fit and proper person if the responsible person were to apply for accreditation as an individual and the application would be refused. (3C) In addition to subsections (2) and (3A), the Director must have regard to the following in considering whether the accredited operator, holder of a licence or a responsible person for a body corporate that is an accredited operator is fit and proper under subsection (2) or (3A): (a) whether the operator, holder of the licence or responsible person has shown a pattern of committing offences; (b) any other circumstances concerning the operator, holder of the licence or responsible person the Director considers relevant. (3D) The Director must suspend the accreditation of an accredited operator that is a body corporate if the body corporate ceases to have any responsible persons because section 9(3)(c) applies to each responsible person for the body corporate. (3E) The Director must revoke the suspension under subsection (3D) when a responsible person for the body corporate satisfies the Director that section 9(3)(c) does not apply to the responsible (3F) A reasonable period after suspending the accreditation of a body corporate under subsection (3D), the Director may cancel the accreditation of the body corporate if the body corporate does not have any responsible persons because section 9(3)(c) applies to each responsible person for the body corporate. (4) The Director may cancel a licence where, in accordance with this Act, the application for the grant, renewal or transfer of the licence is accompanied by a means of payment (other than money) as payment of the prescribed fee for the application and the means of payment is dishonoured when duly presented for payment. (5) The Director shall cancel a taxi licence where: (a) a taxi has not been endorsed on the licence and operated as such for any continuous period of more than 3 months; or