134Grant of licence

134 Grant of licence (1) The Director may grant or renew, or refuse to grant or renew, a licence. (2) The matters that the Director must take into consideration before granting or renewing a licence include: (a) the necessity for or desirability of the declared service; and (b) the public interest in relation to the declared service; and (c) whether the applicant is a fit and proper person to be granted the licence sought; and (d) such other matters as the Director thinks fit. (3) For the purposes of subsection (2), a person is not a fit and proper person if he or she: (a) is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with the person's creditors or made an assignment of the person's remuneration for the benefit of his or her creditors; or (b) has held a licence granted under this Part which has been cancelled on a ground specified in section 138(1)(a), (b), (d) or (e); or (c) was a director within the meaning of the Corporations Act 2001 of a body corporate at the time when an offence was committed by that body corporate which led to the cancellation of a licence held by the body corporate; or (d) has been convicted of a prescribed offence against this Act or any other Act; or (e) is unable to demonstrate the capacity to meet standards of passenger and public safety to the Director's satisfaction; or (f) otherwise engages in conduct that is improper. Marine Act 1981 30 (4) The Director must not grant a licence to, or renew the licence of, a body corporate: (a) if the body corporate is, by its constitution, prevented from carrying on the commercial operations in respect of which the licence application is made; and (b) unless each of the directors of the body corporate, as an individual, would not be prevented by this Act from being granted a licence or having the licence renewed; and (c) in respect of which a liquidator, receiver, receiver and manager or official manager have been appointed under the Corporations Act 2001, unless the Director is of the opinion that it would be inequitable not to grant or renew the licence. (5) Where the Director refuses to grant or renew a licence he or she must notify the applicant in writing of the refusal and specify the grounds for the refusal.