New South Wales Repealed Regulations

This legislation has been repealed.

PASSENGER TRANSPORT (BUS SERVICES) REGULATION 2000 - REG 5A

5A Criteria to be met by applicants for accreditation to carry on bus services

(1) An applicant for accreditation under Division 1 of Part 2 of the Act to carry on a bus service must meet, to the satisfaction of the Director-General, the criteria set forth in this clause.

(2) If the applicant is a corporation, the directors or managers of the corporation who are nominated as designated directors or managers under section 8 of the Act must meet, to the satisfaction of the Director-General, the criteria set forth in this clause (other than the criteria specifically to be met by corporation applicants).

(3) Applicant to be of good repute The applicant must be of good repute. Evidence of the applicant's good repute is to be provided in the form of references from 2 persons (being persons of any class approved by the Director-General) who have known the applicant for at least 2 years.

(4) Applicant to be fit and proper person to carry on bus services The applicant must be a fit and proper person to carry on a bus service. The applicant must declare in writing that the applicant is aware of the following:

(a) accreditation will be refused if the applicant is disqualified, under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act, from managing corporations,

(b) accreditation may be refused if the applicant (or a director or manager of an applicant corporation) has been the subject of proceedings under section 588G (Director's duty to prevent insolvent trading by company) or 592 (Incurring of certain debts; fraudulent conduct) of the Corporations Act,

(c) if the applicant:

(i) is the director of a company that has been, or is in the course of being, wound up under Part 5.4 (Winding up in insolvency) of the Corporations Act, or

(ii) discloses any convictions or charges in accordance with subclause (5),

the Director-General may, for the purpose of determining the applicant's fitness to be an accredited bus operator, cause any investigation that the Director-General considers appropriate to be made into the winding up, conviction or charge concerned.

(5) The applicant must give the Director-General written notice of the following:

(a) full details of all offences of which the applicant has been convicted (in any jurisdiction) at any time during the 5 years immediately preceding the date of the application,

(b) full details of all alleged offences with which the applicant has been charged (in any jurisdiction) but only if, as at the date of the application, proceedings are pending in respect of the charge.

(6) If there are no convictions or pending proceedings against the applicant (as referred to in subclause (5)), the applicant must give the Director-General a written statement to that effect.

(7) Applicant to be competent to carry on bus services The applicant must demonstrate that the applicant has the necessary knowledge and competence to carry on a bus service. In particular, the applicant must:

(a) satisfy the Director-General as to the applicant's knowledge of the following:

(i) the relevant provisions of the Act and this Regulation,

(ii) other laws relating to traffic,

(iii) the relevant provisions of the Occupational Health and Safety Act 2000 , and

(b) undertake and successfully complete (or pass an examination in respect of) such course relating to the operation of bus services as is approved by the Director-General and conducted by a person or body so approved.

(8) Applicant to be financially capable of carrying on bus services The applicant must be financially capable of carrying on a bus service. Evidence of the applicant's financial standing is to be provided in the form of a signed statement from a qualified accountant (on the accountant's business letterhead) containing the following:

(a) a report on the applicant's financial capacity to carry on bus services, with specific reference to the applicant's financial ability to meet the requirements of this Regulation and other relevant laws as to:

(i) vehicle maintenance and roadworthiness, and

(ii) the safety of drivers, passengers and the public, and

(iii) the operation of a business,

(b) a statement specifying the number of buses that, in the opinion of the accountant, can be accommodated by the bus services proposed to be carried on by the applicant,

(c) if the applicant is a corporation--a statement of the accountant's opinion as to the solvency and general financial standing of the corporation.

(9) Applicant to have access to maintenance facilities for buses The applicant must have access to adequate maintenance facilities for the vehicles intended to be used to provide the bus service. The applicant must provide the Director-General with the following:

(a) details of the premises at which the buses will normally be kept when not in use,

(b) details of the premises to be used for the maintenance and repair of the vehicles,

(c) a copy of an approval from the relevant council to carry out each of the activities referred to in paragraphs (a) and (b) at the premises concerned.

(10) Subclause 9 (c) does not apply in the case of an application for renewal of accreditation by a person who is an accredited operator on the commencement of this clause.

(11) In this clause:
"qualified accountant" means:

(a) a Certified Practising Accountant member of CPA Australia, New South Wales Division, or

(b) a member of the Institute of Chartered Accountants in Australia, New South Wales Branch, who holds a Certificate of Public Practice issued by that Institute, or

(c) a member of the National Institute of Accountants who holds a Public Practice Certificate issued by that Institute.