31Term of drivers certificate

31 Term of drivers certificate

31 Term of drivers certificate

(1) An application for a drivers certificate or renewal of a drivers certificate is to nominate one of the following terms of duration for the drivers certificate (the nominated term)—

(a) 1 year,

(b) 3 years,

(c) 5 years.

(2) A drivers certificate may only be granted for a term of 3 or 5 years if—

(a) the applicant has requested that the drivers certificate be granted for a term of either 3 years or 5 years, and

(b) the applicant has held a drivers certificate for a continuous period of at least 3 years immediately before the date on which the subsequent drivers certificate will come into force (that is, during that period of 3 years, the applicant’s drivers certificate was not suspended or revoked and did not lapse), and

(c) the applicant and the applicant’s close associates are not, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a drivers certificate or any other contravention of this Act or the regulations, and

(d) the applicant and the applicant’s close associates have not, in the 5 years immediately before the date of the application—

(i) been subject to any prescribed disciplinary action under this Act, or

(ii) engaged in any prescribed conduct, and

(e) the Secretary is satisfied that a 3-year or a 5-year drivers certificate should be granted.

(3) Subject to subsection (2), the Secretary may grant or renew a drivers certificate for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.

(4) If an application for renewal of a drivers certificate has been made but the application is not finally determined by the Secretary before the expiry of the drivers certificate, the drivers certificate (if not suspended or sooner cancelled) continues in force until the application is finally determined.

(5) If a drivers certificate is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.