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Road Transport (Public Passenger Services) Regulation 2002
8Mandatory refusal of accreditation
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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).