14Discretionary grounds for refusing drivers certificate application

#### 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](/view/html/inforce/current/act-1996-099) 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](/view/html/inforce/current/sl-2017-0450)). > > > (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](/view/html/inforce/current/act-1996-046)) 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](/view/html/inforce/current/act-1985-226), > > > > > (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](/view/html/inforce/current/act-1985-226), > > > > > (d) an offence relating to organised car, boat or trailer rebirthing activities under section 154G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (e) an offence of dealing with property suspected of being proceeds of crime under section 193C of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (f) an offence involving the recruitment of another person to carry out or assist in carrying out a criminal activity within the meaning of section 351A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (g) an offence involving participation in a criminal group or participation in any criminal activity of a criminal group within the meaning of Division 5 of Part 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (h) the offence of contravening a serious crime prevention order under section 8 of the [Crimes (Serious Crime Prevention Orders) Act 2016](/view/html/inforce/current/act-2016-015), > > > > > (i) an offence under section 74 of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) relating to a firearms prohibition order, > > > > > (j) an offence under section 34 of the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) relating to a weapons prohibition order, > > > > > (k) an offence involving an assault of any kind against a person, > > > > > (l) an offence involving fraud, dishonesty or stealing, > > > > > (m) an offence involving robbery (whether armed or otherwise), > > > > > (n) the offence of habitually consorting with convicted offenders under section 93X of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (o) the offence of contravening a public safety order under section 87ZA of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), > > > > > (p) an offence of making, using or interfering with unique identifiers under section 154H of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (q) the offence of having possession of a motor vehicle, vessel or trailer where the unique identifier has been interfered with under section 154I of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (r) the offence of having possession of an identification plate not attached to the motor vehicle or trailer to which it relates under section 154J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > (4) For the purposes of section 26(4) of the Act, an application may be refused if circumstances equivalent to the matters set out in subclause (1) have occurred under a law of another State or Territory.