Div 4General provisions relating to accreditation

Division 4—General provisions relating to accreditation 30—Procedure (1) An application for accreditation must be made to the Minister in a manner and form determined by the Minister. (2) The Minister may require an applicant for accreditation— (a) to furnish further information specified by the Minister; or (b) to verify, by statutory declaration, information furnished for the purposes of the application. (3) An applicant for accreditation must meet any requirement, standard, criteria, qualification or condition set out in the regulations and must satisfy the Minister as to any matter the Minister considers relevant. (4) If the Minister refuses an application for accreditation, the Minister must notify the applicant in writing of— (a) the refusal; and (b) the reasons for the refusal; and (c) any appeal rights that the applicant may have under this Act. (5) The prescribed fee is payable to the Minister in respect of an application for accreditation. 31—Conditions (1) An accreditation will be subject to— (a) the condition that the accredited person will observe the relevant code of practice under this Act; and (b) other conditions (if any)— (i) imposed by the Minister in relation to the accreditation; or (ii) prescribed by the regulations or otherwise imposed under this Act. (2) The Minister may, for example, in relation to an accreditation under Division 1, give the accreditation subject to a condition that makes provision for or with respect to— (a) the area of operation of the passenger transport service; or (b) the periods within which vehicles may, or may not, be operated; or (c) the timetables to which vehicles are to be operated; or (d) the fares to be charged or other arrangements for remuneration to be made (including the use of vouchers and fare subsidy schemes); or (e) the manner in which the passenger transport service may, or may not, be operated; or (f) the class of persons who may be transported on public transport vehicles operated for the purposes of that service. (3) The Minister may, if the Minister considers it appropriate to do so, by notice in writing to an accredited person, vary a condition to which the accreditation is subject. (4) An accredited person may, on application made to the Minister in writing, request the variation of a condition to which the accreditation is subject, and the Minister may, as the Minister thinks fit— (a) grant the variation; or (b) refuse to grant the variation. (5) The conditions of an accreditation may be varied by the addition, substitution or deletion of one or more conditions. (6) A determination by the Minister under this section as to an area for the operation of a passenger transport service by an accredited person does not confer on the person an exclusive right to operate a passenger transport service within that area. (7) A person must not contravene or fail to comply with a condition of an accreditation. Penalty: (a) in the case of an accreditation under Division 1—Division 3 fine; (b) in the case of an accreditation under Division 2—Division 5 fine; (c) in the case of an accreditation under Division 3—Division 3 fine. Expiation fee: in the case of an accreditation under Division 2—$315. 32—Duration and categories of accreditation (1) Subject to this Act, an accreditation continues in force (unless sooner revoked or surrendered) for a period prescribed by the regulations or determined by the Minister and specified in the instrument of accreditation. (2) The Minister may, if the Minister thinks fit, grant a temporary accreditation for a period of less than 12 months. (3) The Minister may establish various classes of accreditation within the various forms of accreditation created by this Part, and assign an accreditation to a class for the purposes of this Act. (4) The Minister may, from time to time— (a) determine the maximum number of accreditations of a particular class to be issued in a given period; (b) determine the maximum number of accreditations of a particular class to be in force in a given period; (c) determine that no further accreditations of a particular class are to be issued for the time being. 33—Periodical fees and returns (1) A person who holds an accreditation (other than a temporary accreditation) must, for each period prescribed by the regulations that the accreditation remains in force, not later than the relevant day for that accreditation determined in accordance with the regulations— (a) lodge with the Minister a return containing the prescribed information; and (b) pay to the Minister the prescribed fee. (2) If an accredited person fails to comply with subsection (1), the Minister may, by notice in writing to the accredited person, require him or her to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default. (3) If an accredited person fails to comply with a notice under subsection (2) within 14 days after service of the notice, the accreditation is, by force of this subsection, suspended until the accredited person complies with the notice. (4) If an accredited person fails to comply with a notice under subsection (2) within six months after service of the notice, the accreditation is, by force of this subsection, revoked. 34—Renewals (1) An application for the renewal of an accreditation must be made in writing to the Minister in a manner and form determined by the Minister. (2) The prescribed fee is payable to the Minister in respect of an application for the renewal of an accreditation. (3) An application for renewal must be made not later than the prescribed number of days before the date of expiry of the accreditation. (4) The Minister may, in the Minister's absolute discretion, determine a late application for renewal provided that the applicant pays the prescribed late application fee. (5) The Minister may refuse to consider an application for renewal if the application is made earlier than a day fixed under the regulations. (6) A temporary accreditation is not renewable. 35—Related matters (1) The holder of an accreditation must not transfer, assign, lease or otherwise deal with the accreditation. (2) A purported dealing in contravention of subsection (1) is void. (3) An accredited person may, with the consent of the Minister, surrender the accreditation. (4) The Minister may, on the application of the accredited person or in accordance with procedures set out in the regulations, vary a person's accreditation from one class of accreditation to another. (5) No liability attaches to the Minister by virtue of the fact that the Minister has awarded an accreditation to a particular person under this Act.