75Decision on application for driver accreditation

75 Decision on application for driver accreditation

(1) The regulator, having considered the matters referred to in section 73, may issue a driver accreditation if satisfied—

(a) that it is appropriate to do so having regard to the public care objective; and

(b) that the applicant—

(i) is technically competent and sufficiently fit and healthy to drive a motor vehicle for the purpose of providing commercial passenger vehicle services; and

(ii) is a fit and proper person to provide a commercial passenger vehicle service; and

(c) that the applicant has complied with the requirements under this Part in relation to the application, including paying the application fee (if any) determined by the regulator under section 282.

(2) However, the regulator must refuse to issue a driver accreditation if aware that the applicant—

S. 75(2)(a) amended by No. 30/2021 s. 19.

(a) does not hold an Australian driver licence; or

(b) has been found guilty of a category 1 offence; or

(c) is a person who is subject to—

S. 75(2)(c)(i) amended by No. 28/2025 s. 41.

(i) reporting obligations imposed under the Sex Offenders Registration Act 2004; or

S. 75(2)(c)(ii) repealed by No. 34/2023 s. 24.

S. 75(2)(c)(iii) amended by No. 45/2019 s. 48(1)(a), repealed by No. 34/2023 s. 24.

S. 75(2)(c)(iv) inserted by No. 45/2019 s. 48(1)(b).

(iv) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.

(3) Unless satisfied that the applicant has shown that the issue of a driver accreditation is appropriate in the circumstances, the regulator must also refuse to issue a driver accreditation if aware that the applicant—

(a) has been found guilty of a category 2 offence; or

(b) is the subject of a charge for a category 1 offence that has not been finally disposed of at the time of considering the application.

(4) Without limiting the discretion of the regulator, the regulator may refuse to issue a driver accreditation if aware that the applicant—

(a) has been found guilty of a category 3 offence; or

(b) is subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application.

(5) The regulator must not refuse to issue a driver accreditation on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or cancel an accreditation in respect of the person on that ground has previously been set aside (without being remitted) by VCAT.