269Old certificates deemed to be accreditations

269 Old certificates deemed to be accreditations (1) An old driver's certificate is deemed to be, on and from the appointed day, a driver accreditation. (2) An old driver's certificate that is deemed to be a driver accreditation under subsection (1)— (a) is subject to any conditions to which the certificate was subject immediately before the appointed day, and any such conditions may be dealt with as if they were imposed under Division 6 of Part VI; and (b) remains in force for the remainder of the term that applied to the certificate immediately before the appointed day, unless, before the end of that term, the accreditation is suspended or cancelled under Division 6 of Part VI; and (c) except where this section indicates a contrary intention, the provisions of Division 6 of Part VI apply accordingly. (3) Despite subsection (1), if a person who is the holder of an old driver's certificate is a person who has been found guilty of a category 1 offence, or is subject to the reporting obligations, or an order referred to in section 169(2)(c), the person is not deemed to be the holder of a driver accreditation. (4) Subsection (3) does not apply if the holder of the certificate can demonstrate to the satisfaction of the Director, having regard to the public care objective under Division 6 of Part VI, that it is appropriate for that person to be deemed to be the holder of such an accreditation. (5) A person referred to in subsection (3) may apply to VCAT for an order that his or her old driver's certificate be deemed to be a driver accreditation under this section. (6) If VCAT makes an order under subsection (5), subsection (2) applies to the deemed driver accreditation. (7) At least 28 days before the appointed day the Director must give each holder of an old driver's certificate to whom subsection (3) applies written notice of the effect of subsections (3), (4), (5) and (6) and allow the person 28 days in which to provide the Director with information for the purposes of subsection (4). S. 270 inserted by No. 47/2006 s. 30.