36Grounds on which prohibition order may be made

36 Grounds on which prohibition order may be made

36 Grounds on which prohibition order may be made

(1) A prohibition order may be made against a person only if the Local Court is satisfied that the person is conducting a driving school or engaging in the control, management or administration of a driving school and that the person—

(a) has (whether in connection with the driving school or otherwise) engaged in bribery or fraud relating to the testing of applicants for driver licences under the Road Transport Act 2013 or former Road Transport (Driver Licensing) Act 1998 (or corresponding licences under the law in any other State, or in any Territory or country) or the issue of those licences, or

(b) has been found guilty of an offence (within the State or elsewhere) involving fraud or dishonesty and punishable on conviction by imprisonment for 3 months or more, or

(c) has been found guilty of an offence against section 54A, 54B or 54C.

(2) Without limiting subsection (1) (b), a prohibition order may also be made against a person if—

(a) the Local Court is satisfied that the person is conducting a driving school or engaging in the control, management or administration of a driving school, and

(b) the person has been found guilty of an offence (within the State or elsewhere), and

(c) the Local Court is satisfied that the making of the order will promote one or more of the primary objects of this Act.

s 36: Am 1998 No 99, Sch 1.3 [8]; 1999 No 94, Sch 4.108; 2002 No 127, Sch 1 [13]; 2013 No 19, Sch 4.18 [7]; 2017 No 61, Sch 2 [21].