9Consideration of application

9 Consideration of application (1) The Director must consider an application made under section 8A (a) grant the accreditation to the applicant; or (b) allow the applicant to amend the application and grant the accreditation to the applicant on receipt of the amended application; or (c) refuse to grant the accreditation to the applicant. (3) The Director must not accredit, or renew the accreditation of, the following: (a) a person who: (i) is bankrupt; or (ii) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) has compounded with the person's creditors or made an assignment of the person's remuneration for the benefit of the person's creditors; (b) a person who: (i) has been convicted of a disqualifying offence; or

Commercial Passenger (Road) Transport Act 1991 10 (ii) is otherwise considered by the Director not to be a fit and proper person to hold, or continue to hold, an accreditation; (c) a body corporate if a responsible person for the body corporate: (i) has been convicted of a disqualifying offence; or (ii) subject to subsection (4), is otherwise considered by the Director not to be a fit and proper person for the purposes of the accreditation, or renewal of the accreditation, of the body corporate; (d) a body corporate: (i) unless the body corporate is authorised by its constitution, objects, purposes or rules to carry on the business associated with the accreditation; and (ii) if a liquidator, receiver, receiver and manager or official manager has been appointed under the Corporations Act 2001 (Cth) – unless in the particular circumstances it would, in the opinion of the Director, be inequitable not to accredit or renew the accreditation. (3A) Subsection (3)(b) and (c): (a) apply regardless of when the offence was committed; but (b) do not apply if: (i) the person's or the responsible person for the body corporate's criminal record for the conviction is a spent record within the meaning of the Criminal Records (Spent Convictions) Act 1992; or (ii) the person or the responsible person for the body corporate was discharged without any penalty being imposed for the conviction. (3B) Subsection (3)(b) and (c) do not apply to the renewal of a person's accreditation in relation to the person's conviction (or, if the person is a body corporate, in relation to the conviction of a responsible person for the body corporate) of a disqualifying offence if: (a) the Chief Executive Officer has previously decided under this Act the person may hold, or continue to hold, the accreditation despite the conviction; or

Commercial Passenger (Road) Transport Act 1991 11 (b) NTCAT has previously decided under this Act that the person may hold, or continue to hold, the accreditation despite the conviction. (3C) The Director must have regard to the following in considering whether the person is fit and proper for subsection (3)(b)(ii) and (c)(ii): (a) whether or not the person has shown a pattern of committing offences; (b) any other circumstances concerning the person that the Director considers relevant. (4) The Director may exempt a responsible person for a body corporate from the requirement to be a fit and proper person for the purposes of accreditation, or renewal of accreditation, of the body corporate. (4A) If the Director exempts a responsible person for a body corporate under subsection (4), the Director may place conditions on the exemption. (4B) Despite subsection (4), the Director must not exempt a responsible person for a body corporate from the requirement to be a fit and proper person for the purposes of the accreditation, or renewal of the accreditation, of the body corporate, if the responsible person is the only responsible person for the body corporate. (5) The Director must give written notice of a decision under this section to the applicant for the accreditation or renewal of