201Issue of dangerous goods driver licence

201 Issue of dangerous goods driver licence

(1) Subject to subregulation (2), the licensing authority must issue a dangerous goods driver licence if—

(a) an application is made to the licensing authority for the licence; and

(b) the application is accompanied by the documents required by regulation 197(2) and otherwise complies with that regulation.

(2) The licensing authority must not issue the licence if—

(a) in the 5 years before the day when the application is made—

(i) the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or

(ii) the applicant's driver licence has been revoked or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or

(b) the applicant is subject to a court order, issued in any jurisdiction, prohibiting the applicant from involvement in the transport of dangerous goods by road; or

(c) it is not satisfied as to the identity of the applicant; or

(d) it is satisfied that the application was false or misleading in a material respect; or

(e) it is satisfied that the applicant has failed to disclose to the licensing authority any significant information that should have been disclosed to the authority; or

(f) it is not satisfied that the medical fitness of the applicant to drive a road vehicle has been established by the evidence provided under regulation 200(1) or through further medical advice received under regulation 200(2).

1 Section 21(6)(b) of the Act states that the Authority may refuse to issue a licence if it considers that the applicant is not a suitable person to hold the licence.

2 Section 21(7) of the Act requires that if the Authority decides to refuse to issue a licence, it must send by post to the applicant written notice of the refusal setting out the reasons for the refusal.