26Restrictions on granting drivers certificate

#### 26 Restrictions on granting drivers certificate 26 Restrictions on granting drivers certificate > > (1) The Secretary— > > > > > (a) must refuse to grant an application for a drivers certificate on mandatory grounds, and > > > > > (b) may refuse to grant an application for a drivers certificate on discretionary grounds. > > > (2) The mandatory grounds for refusing to grant an application for a drivers certificate are as follows— > > > > > (a) that the applicant is under the age of 18 years, > > > > > (b) that the applicant has, within the period of 10 years before the application for the drivers certificate was made— > > > > > > > (i) been convicted, or > > > > > > > (ii) been found guilty (but with no conviction being recorded), > > > > > > by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law and whether or not committed before the commencement of this section, > > > > > (c) that the applicant does not hold a full driver licence or does not, if the applicant resides in another State or Territory, hold a licence issued under the law in force in that State or Territory which, in the opinion of the Secretary, is the equivalent of a full driver licence, > > > > > (d) that the applicant is disqualified from holding a drivers certificate, > > > > > (e) that the applicant is a controlled member of a declared organisation within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), > > > > > > Note. > > > > > > Controlled members are prohibited from applying for drivers certificates—see section 27 of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009). > > > > > (f) that the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the applicant that the applicant— > > > > > > > (i) is a member of, or > > > > > > > (ii) is a close associate of, or > > > > > > > (iii) regularly associates with, one or more members of, > > > > > > a declared organisation within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), and the nature and circumstances of the applicant’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the applicant is granted a drivers certificate. > > > (3) The discretionary grounds for refusing to grant an application for a drivers certificate are as follows— > > > > > (a) that the applicant is not, in the opinion of the Secretary, a fit and proper person to hold a drivers certificate or is otherwise not competent to carry on the kind of towing work to which the proposed drivers certificate relates, > > > > > (b) that the applicant does not hold the qualifications and experience prescribed by the regulations in respect of the class of drivers certificate sought by the applicant, > > > > > (c) that the applicant has not satisfactorily completed such training courses as may be approved for the purposes of this section, > > > > > (d) that the granting of the drivers certificate would, in the opinion of the Secretary, be contrary to the public interest. > > > (3A) The Secretary is not, under this or any other Act or law, required to give any reasons for refusing to grant an application for a drivers certificate because of subsection (2)(f) to the extent that the giving of those reasons would disclose any criminal intelligence. > > > (4) The regulations may provide additional mandatory or discretionary grounds for refusing the granting of an application for, or renewal or restoration of, a drivers certificate. > > > (5) A reference in subsection (2)(c) to a full driver licence is a reference to a driver licence other than a provisional licence, restricted licence or learner licence as referred to in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018). > > **s 26:** Am 1999 No 19, Sch 2.48 \[4\]; 2009 No 23, Sch 3.8 \[4\] \[5\]; 2012 No 9, Sch 1.11 \[2\]; 2013 No 19, Sch 4.76 \[3\]; 2017 No 22, Sch 1.22 \[3\]; 2018 No 65, Sch 2.15\[5\].