Passenger Transport Regulations 2024
Div 4General provisions relating to accreditations
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Division 4—General provisions relating to accreditations 23—Accreditations may be held jointly (1) An accreditation under Part 4 Division 1 or 3 of the Act may, if the Minister thinks fit, be issued to more than 1 person on joint application. (2) If an accreditation is jointly held, service of a notice on 1 of the accredited persons will be regarded as service on all the accredited persons. 24—Particulars in accreditation An accreditation under Part 4 of the Act must— (a) specify the period for which it will continue in force; and (b) specify the conditions (if any) imposed by the Minister in relation to the accreditation under section 31(1)(b)(i) of the Act. 25—Death or incapacity of accredited person (1) If an individual who is the holder of an accreditation under Part 4 Division 1 or 3 of the Act— (a) dies; or (b) has a physical or mental incapacity that prevents the individual from carrying on business under the accreditation, a person who takes over the management of the business may, with the consent of the Minister, continue to operate a passenger transport service or centralised booking service (as the case may be) under the accreditation for a period determined by the Minister. (2) For the purposes of subregulation (1)— (a) a period determined by the Minister must be at least 3 months; and (b) the Minister may, if the Minister thinks fit, extend a period; and (c) the duration for which a person may operate a service under subregulation (1) cannot exceed 12 months. 26—Duty of accredited person to furnish information (1) The holder of an accreditation under Part 4 of the Act must, if so required by the Minister by notice in writing, furnish to the Minister or to a person nominated by the Minister for the purpose, within a period specified in the notice, a return in a form determined by the Minister setting out such information as to the operation of a service, or as to any other matter relevant to the accreditation, as the Minister, or the nominated person, may require. (2) The Minister may require that information contained in a return under subregulation (1) be verified by statutory declaration. 27—Inquiries by Minister (1) The holder of an accreditation under Part 4 of the Act must, if so required by the Minister by notice in writing, attend at a specified place before the Minister, or a person appointed by the Minister for the purpose, and there answer such questions as to the accreditation, and the operation of a service under the accreditation, the person's conduct, or any other matter, as the Minister or the person so appointed considers necessary for the administration or enforcement of the Act, or of these regulations. (2) A notice under subregulation (1) must describe the matters to be inquired into and must allow a reasonable interval from the date of service of the notice to the date fixed for attendance. 28—Defacing etc of accreditations The holder of an accreditation under Part 4 of the Act must not— (a) deface, alter, or mutilate the accreditation; or (b) part with possession of the accreditation except as required under these regulations or the Act. 29—Delivery of accreditations The holder of an accreditation under Part 4 of the Act must within 2 business days deliver the accreditation to the Minister— (a) if the accreditation is altered or defaced or becomes illegible in a particular; or (b) if there is a change in the accuracy of a particular specified in the accreditation; or (c) on receiving notice of the suspension or revocation of the accreditation; or (d) on being required by the Minister by notice in writing to deliver the accreditation to the Minister; or (e) on the expiry of the accreditation. 30—Issue of duplicate if accreditation lost etc If— (a) the holder of an accreditation satisfies the Minister that the accreditation has been lost or destroyed; or (b) an accreditation that has been altered or defaced or has become illegible in a particular is delivered to the Minister, the Minister may, on payment of the prescribed fee, issue a duplicate of the accreditation and the former accreditation is null and void. 31—Renewals (1) Pursuant to section 34(3) of the Act— (a) an application for the renewal of an accreditation under Part 4 Division 1 or 3 of the Act must be made not later than 28 days before the date of expiry of the accreditation; and (b) an application for the renewal of an accreditation under Part 4 Division 2 of the Act must be made not later than 7 days before the date of expiry of the accreditation. (2) The day that corresponds to 6 weeks before the date of expiry of an accreditation is fixed for the purposes of section 34(5) of the Act. (3) The Minister may require a person, or in the case of a body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate, who applies for a renewal of an accreditation under Part 4 Division 1 or Part 4 Division 3 of the Act to consent to the Minister obtaining a criminal history check relating to the person. (4) A person who applies for a renewal of an accreditation under Part 4 Division 2 of the Act must consent to the Minister obtaining a criminal history check relating to the person. 32—Procedure for variation of an accreditation (1) For the purposes of section 35(4) of the Act, the Minister must, before varying a person's accreditation from 1 class of accreditation to another— (a) notify the person in writing of the proposed action and provide a brief summary of the reasons for the proposed action; and (b) allow the person a reasonable opportunity to make submissions in relation to the matter. (2) A notification of a decision by the Minister to vary a person's accreditation under section 35(4) of the Act must include a statement setting out the person's right to appeal against the decision.