Commercial Passenger (Road) Transport Act 1991
75ACancellation of accreditation for disqualifying offence
Start here
Get a plain-English read of 75A
Turn the raw legal text into a practical explanation grounded in Commercial Passenger (Road) Transport Act 1991.
75A Cancellation of accreditation for disqualifying offence (1) The Director must cancel the accreditation of an accredited operator if the Director becomes aware that: (a) the operator has been convicted of a disqualifying offence, regardless of when the conviction occurred; or (b) if the operator is a body corporate – a responsible person for the body corporate has been convicted of a disqualifying offence, regardless of when the conviction occurred. (2) Subsection (1) does not apply in relation to a conviction for a disqualifying offence if: (a) the accredited operator's criminal record for the conviction is a spent record as defined in section 3(1) of the Criminal Records (Spent Convictions) Act 1992; or (b) the accredited operator was discharged without any penalty being imposed for the conviction; or (c) the Chief Executive Officer has decided under section 76 that the accredited operator may hold, or continue to hold, the accreditation despite the conviction; or (d) NTCAT has decided, on review of a decision mentioned in section 76(1), that the accredited operator may hold, or continue to hold, the accreditation despite the conviction. (5) The Director must give written notice to the accredited operator of the decision. (6) The cancellation takes effect 7 days after the day of the decision.
Commercial Passenger (Road) Transport Act 1991 55 (7) Subject to subsection (8), the lodging of an appeal against the conviction does not affect the operation of this section. (8) If the appeal is successful, the accredited operator's accreditation is taken to be in force again on the decision on the appeal. (9) The Territory is not liable for any loss or damage suffered by the accredited operator because of the decision. (10) This section applies despite section 75.