Australian Capital Territory Current Regulations

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ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2000 - REG 106

When applications for accreditation can be refused

    (1)     The road transport authority may refuse to approve an application by a person for accreditation (including for the renewal of an accreditation) if the authority believes on reasonable grounds that—

        (a)     the person is not eligible to apply for accreditation; or

        (b)     the person did not successfully complete any training that the authority has, under section 121, required the person to undertake; or

        (c)     the person has not complied with a requirement made by the authority in relation to the application or a requirement of the Act relating to the application; or

        (d)     the person has breached an applicable code of practice approved under section 118 (Code of practice for instructors and assessors).

    (2)     Without limiting subsection (1) (a), the road transport authority may refuse to approve the application because the person is not a suitable person to be accredited if—

        (a)     the person has been convicted or found guilty of an offence that the road transport authority considers is relevant to the application; or

Note     The road transport authority must comply with any guidelines approved by the Minister under s 122A (Accreditation guidelines—relevant offences).

        (b)     within the 5-year period before the day the application is made—

              (i)     the person has been disqualified (whether or not by court order) from holding or obtaining an Australian driver licence under the law of any jurisdiction; or

              (ii)     the person's Australian driver licence , or right to drive a motor vehicle (however described), has been suspended or cancelled under the law of any jurisdiction.

    (3)     However, subsection (2) (b) (ii) does not apply if the suspension or cancellation is—

        (a)     for the nonpayment of an infringement notice penalty; or

        (b)     under the

title="A1999-77">Road Transport (General) Act 1999

, part 6 (Fine defaulters) or a corresponding law.

Note     An infringement notice penalty includes an amount payable under an infringement notice served on a person under the law of another jurisdiction (see

title="A1999-78">Act

, dict, def infringement notice penalty ).



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