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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2018 - REG 195
Renewal of licences
195 Renewal of licences
(1) The chief executive must renew a dangerous goods driver licence, with or
without conditions, if— (a) an application is made to the chief executive
for renewal of the licence; and
(b) the application complies with section 194
.
Notes— 1 See also the Transport Planning and Coordination Act 1994 ,
section 28EA (5) for when the chief executive must refuse to consider an
application.
2 See also section 200 for the conditions the chief executive
may impose on a dangerous goods driver licence.
(2) However, the chief
executive must not renew a dangerous goods driver licence if— (a) while the
licence was in force— (i) the applicant was convicted in Australia of an
offence that in the chief executive’s opinion makes the applicant unsuitable
to be the driver of a vehicle transporting dangerous goods; or
(ii) the
applicant’s driver licence has been suspended or cancelled on a ground that
in the chief executive’s opinion makes the applicant unsuitable to be the
driver of a vehicle transporting dangerous goods; or
(b) the applicant is
subject to a court order, under section 160 of the Act , prohibiting the
applicant from involvement in the transport of dangerous goods.
(3) Without
limiting subsection (2) (a) , the chief executive may consider a person to be
unsuitable to be the driver of a vehicle transporting dangerous goods if—
(a) the person has been convicted of an offence against the
Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving
or driving under the influence of liquor or a drug; or
(b) the person has
been disqualified from holding or obtaining a driver licence, whether
absolutely or for a period.
(4) If the chief executive refuses to renew a
dangerous goods driver licence, or renews a dangerous goods driver licence
subject to conditions, the chief executive must inform the applicant by
written notice of the decision.
(5) The notice must be or include an
information notice.
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