Transport Operations (Passenger Transport) Regulation 2018
sec.189Refusal to grant or renew
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sec.189 Refusal to grant or renew
The chief executive may refuse to grant or renew a booking entity authorisation if— for a person who is a foreign person—the person does not have a proposed local nominee; or another booking entity authorisation held by a relevant person was cancelled or suspended within the previous year; or a relevant person has, within the previous year, committed an offence against a provision of relevant transport legislation relating to— providing a booked hire service, a booking service for a booked hire service or a taxi service; or using a motor vehicle to provide a booked hire service or a taxi service; or a relevant person has been— convicted of a disqualifying offence; or charged with a disqualifying offence and the charge has not been dealt with; or the chief executive is satisfied a relevant person has taken steps to avoid detection of, or prosecution for, an offence committed by the relevant person or another person in relation to providing— a booked hire service; or a booking service for a booked hire service; or a taxi service; or the chief executive considers the refusal is necessary in the public interest. Subsection (1) (c) is prescribed as a section to which section 150C of the Act applies. Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act. If the chief executive decides to refuse to grant or renew a booking entity authorisation under this section, the chief executive must give the person a regulation notice for the decision. (sec.189-ssec.1) The chief executive may refuse to grant or renew a booking entity authorisation if— for a person who is a foreign person—the person does not have a proposed local nominee; or another booking entity authorisation held by a relevant person was cancelled or suspended within the previous year; or a relevant person has, within the previous year, committed an offence against a provision of relevant transport legislation relating to— providing a booked hire service, a booking service for a booked hire service or a taxi service; or using a motor vehicle to provide a booked hire service or a taxi service; or a relevant person has been— convicted of a disqualifying offence; or charged with a disqualifying offence and the charge has not been dealt with; or the chief executive is satisfied a relevant person has taken steps to avoid detection of, or prosecution for, an offence committed by the relevant person or another person in relation to providing— a booked hire service; or a booking service for a booked hire service; or a taxi service; or the chief executive considers the refusal is necessary in the public interest. (sec.189-ssec.2) Subsection (1) (c) is prescribed as a section to which section 150C of the Act applies. Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act. (sec.189-ssec.3) If the chief executive decides to refuse to grant or renew a booking entity authorisation under this section, the chief executive must give the person a regulation notice for the decision.