70When applications for issue and certain variations of

70 When applications for issue and certain variations of driver licences can be refused (1) The road transport authority may refuse an application for the issue or variation of a driver licence under this part (other than an application for a condition variation) if the authority is satisfied on reasonable grounds that— (a) the person is not eligible to apply for, or be issued with, the class or kind of driver licence applied for; or (b) the person does not have sufficient driving ability or knowledge (c) the person is not a suitable person to hold a driver licence or a or (e) the person’s ability to drive safely is impaired by—

(g) a provision of the Act prevents approval of the application; or (h) the person has not complied with a requirement made by the authority in relation to the application or a requirement of the Act relating to the application. Note 1 See s 78A for the meaning of required medical standards. Note 2 The Act, s 10 (When road transport authority may issue or renew driver licences) sets out the residency requirements for the issue of a driver (2) The road transport authority may also refuse an application for the issue or variation of a driver licence under this part in accordance with— (a) an order made by an Australian court; or (b) another provision of the road transport legislation or any other territory law. (3) Without limiting subsection (1) (c), the road transport authority may refuse an application for a public vehicle licence under subsection (1) because the person is not a suitable person to hold a driver licence or a driver licence of the class or kind applied for if— the road transport authority considers is relevant to the application; or approved by the Minister under s 90A (Public vehicle licence

(b) within the 5-year period before the day the application is made— (i) the person has been disqualified (whether or not by court order) from holding or obtaining an Australian driver licence under the law of any jurisdiction; or (ii) the person’s Australian driver licence, or right to drive a motor vehicle (however described), has been suspended or cancelled under the law of any jurisdiction. (4) However, subsection (3) (b) (ii) does not apply if the suspension or cancellation is— (a) for the nonpayment of an infringement notice penalty; or (b) under the Road Transport (General) Act 1999, part 6 (Fine defaulters) or a corresponding law. Note An infringement notice penalty includes an amount payable under an infringement notice served on a person under the law of another jurisdiction (see Act, dict, def infringement notice penalty). (5) This section is subject to section 49 (Issue of restricted licence by road transport authority).