Tow Truck Industry Regulation 2020
14Discretionary grounds for refusing drivers certificate application
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14 Discretionary grounds for refusing drivers certificate application
14 Discretionary grounds for refusing drivers certificate application
(1) For the purposes of section 26(4) of the Act, the grounds on which the Secretary may refuse an application for, or renewal or restoration of, a drivers certificate include any case in which the following have occurred on more than one occasion during the period of 3 years immediately before the application was made—
(a) the applicant has been disqualified from holding a driver licence,
(b) the applicant’s driver licence has been suspended or cancelled (other than for fine default under the Fines Act 1996 or in relation to illness, incapacity or a medical condition under clause 65(1)(b) or (7) of the Road Transport (Driver Licensing) Regulation 2017).
(2) For the purposes of subclause (1), it does not matter that any of the periods of disqualification, suspension or cancellation occurred during only part of the 3-year period.
(3) For the purposes of section 26(4) of the Act, the Secretary may refuse an application for a drivers certificate if the applicant has, within the period of 10 years before the application for the drivers certificate was made, been convicted or been found guilty (but with no conviction being recorded) of the following offences (regardless of whether the offence was committed in New South Wales)—
(a) an offence relating to the possession or use of a firearm or imitation firearm (within the meaning of the Firearms Act 1996) or other weapon,
(b) an offence involving the supply or possession of a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985,
(c) an offence involving the cultivation (for a commercial purpose), supply or possession of a prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985,
(d) an offence relating to organised car, boat or trailer rebirthing activities under section 154G of the Crimes Act 1900,
(e) an offence of dealing with property suspected of being proceeds of crime under section 193C of the ,