8Mandatory refusal of accreditation

8 Mandatory refusal of accreditation (1) The road transport authority must refuse an application for accreditation (including renewal) if— (a) if the applicant is an individual—the applicant is not— person to work carrying out the regulated service to which the application relates; or (b) the authority believes on reasonable grounds that the applicant is not a suitable person to operate the regulated service to which the application relates. (2) The matters to which the road transport authority may have regard in deciding whether the applicant is a suitable person include— (a) the knowledge and experience of the relevant people in relation to the operation of a regulated service of the kind and size to which the application relates; and (b) whether a relevant person has been convicted or found guilty of an offence that the road transport authority considers is relevant to the application; and Note The road transport authority must comply with any guidelines approved by the Minister under s 19A (Accreditation guidelines— relevant offences). (c) for an application for accreditation to operate a regulated service (other than a restricted hire car service)—whether a relevant person is or has been an executive officer of a corporation that is or has been placed in administration or liquidation or wound up under an Australian or foreign law.

(3) However, the applicant is not a suitable person to operate the regulated service to which the application relates if— (a) a relevant person is disqualified under chapter 8 (Disciplinary action) from holding or applying for the accreditation; or (b) for an application for a kind of accreditation for which educational qualifications have been approved by the road transport authority under section 19—at least 1 relevant person does not hold the approved educational qualifications; or (c) the applicant is a corporation and— (i) a receiver or receiver and manager within the meaning of the Corporations Act has been appointed in relation to the applicant; or (ii) a court has made an order under the Corporations Act for the winding-up of the applicant; or (d) for an application for accreditation to operate a regulated service (other than a restricted hire car service)— (i) a relevant person is an undischarged bankrupt under an Australian or foreign law; or (ii) a relevant person is disqualified (however described) from managing a corporation under an Australian or foreign law (including, for example, the Corporations Act, part 2D.6 (Disqualification from managing corporations)); or (iii) a relevant person has been convicted or found guilty of an offence against the Corporations Act, section 209 (3) (which is about a public company giving financial benefits to a related party) or part 5.8 (which relates to companies under external administration etc); or

(iv) a relevant person has been convicted or found guilty of an offence against another Australian law or a foreign law that corresponds to a provision mentioned in paragraph (iii).