26Grounds for suspension or cancellation of licence

#### 26 Grounds for suspension or cancellation of licence 26 Grounds for suspension or cancellation of licence > > (1) Transport for NSW may suspend or cancel a licence on any of the following grounds— > > > > > (a) the licence was issued erroneously or granted in consequence of any false or fraudulent document, statement or representation, > > > > > (b) any prescribed fee for the licence is due and unpaid, > > > > > (c) the holder of the licence— > > > > > > > (i) has been found guilty of an offence against this Act or the regulations, or > > > > > > > (ii) has been found guilty of, or has charges pending before a court for, any other offence (within the State or elsewhere) and Transport for NSW is satisfied that suspending or cancelling the licence will promote one or more of the primary objects of this Act, > > > > > (d) the holder of the licence has contravened a condition to which the licence is subject, > > > > > (e) the holder of the licence refuses to submit to, or does not pass, any of the tests Transport for NSW requires the holder to submit to under section 25 or does not obtain a medical or other certificate referred to in that section, > > > > > (f) (Repealed) > > > > > (g) Transport for NSW is satisfied that the holder of the licence engaged in misconduct, > > > > > (h) the holder of the licence does not hold a working with children check clearance under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) or does not have a current application for such clearance under that Act, > > > > > (i) Transport for NSW is satisfied that the holder of the licence is not a person of good repute or good character, > > > > > (j) Transport for NSW is satisfied that the holder of the licence is not a fit and proper person to act as a driving instructor, > > > > > (k) Transport for NSW has reason to believe that the holder of the licence has engaged in bribery or fraud relating to the testing of applicants for driver licences under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) or former [Road Transport (Driver Licensing) Act 1998](/view/html/repealed/current/act-1998-099) (or corresponding licences under the law in any other State, or in any Territory or country) or the issue of those licences, > > > > > (l) having regard to the objects of the Act, Transport for NSW is of the opinion that the holder of the licence is a person who no longer displays the competencies, or is no longer suitable, to act as a driving instructor, > > > > > (m) Transport for NSW is of the opinion that it would not be in the public interest for the holder of the licence to continue to hold a licence having regard to his or her record of offences (within the State or elsewhere) involving motor vehicles. > > > (1A) Transport for NSW may issue a caution to the holder of a licence instead of suspending or cancelling the licence under subsection (1). > > > (2) (Repealed) > > > (2A) If alleged misconduct on the part of the holder of a licence is reported to Transport for NSW under section 54A or 54B, Transport for NSW may suspend the person’s licence until the matter has been dealt with if of the opinion that such action is necessary due to the serious nature of the alleged misconduct. > > > (3) If the holder of a licence is a person with a disability (within the meaning of the [Disability Discrimination Act 1992](http://www.legislation.gov.au/) of the Commonwealth), Transport for NSW must not cancel a licence on the ground that the holder is, because of that disability, not a fit and proper person to act as a driving instructor, unless the holder because of that disability would be unable to carry out the inherent requirements of the occupation of driving instructor. > > > (4) The following are to be taken into account in determining whether a holder of a licence would be unable to carry out the inherent requirements of the occupation of driving instructor (as referred to in subsection (3))— > > > > > (a) the holder’s past training, qualifications and experience relevant to that occupation, > > > > > (b) if the holder is already acting as a driving instructor, the holder’s performance in that occupation, > > > > > (c) all other relevant factors that it is reasonable to take into account. > > **s 26:** Am 1998 No 34, Sch 1.3 \[3\]; 1998 No 99, Sch 1.3 \[6\]; 1999 No 94, Sch 4.108; 2002 No 127, Sch 1 \[11\] \[12\]; 2013 No 19, Sch 4.18 \[6\]; 2017 No 61, Sch 2 \[14\]–\[19\].