Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 73

    (1)     In considering an application for the issue of a driver accreditation, the regulator may have regard to any of the following—

S. 73(1)(a) amended by No. 34/2020 s. 182.

        (a)     whether the applicant has at any time (whether before, on or after the commencement of this section) been subject to a relevant disciplinary or regulatory finding within the meaning of the Worker Screening Act 2020 ;

        (b)     any infringement notice served on the applicant for a transport offence—

              (i)     that has not been withdrawn or cancelled; and

S. 73(1)(b)(ii) amended by No. 34/2023 s. 23(1)(a).

              (ii)     in relation to which information lodged under section 40(1)(a) of the Infringements Act 2006 is not deemed to be a charge-sheet charging the offence by operation of section 40(1)(b) of that Act.

S. 73(1)(c) repealed by No. 34/2023 s. 23(1)(b).

    *     *     *     *     *

S. 73(2) amended by No. 34/2023 s. 23(2).

    (2)     In relation to an infringement notice referred to in subsection (1)(b), the regulator may have regard to the following—

        (a)     the nature and gravity of the transport offence and its relevance to the purpose for which the applicant seeks to be accredited;

        (b)     when the transport offence is alleged to have been committed;

        (c)     whether the transport offence still exists;

        (d)     the age of the applicant at the time of the alleged commission of the transport offence;

        (e)     the applicant's behaviour since the alleged commission of the transport offence;

        (f)     the likelihood of the applicant committing another transport offence of the same kind;

        (g)     whether the transport offence has been expiated;

        (h)     whether the decision to serve the infringement notice has been subject to internal review under Division 3 of Part 2 of the Infringements Act 2006 ;

              (i)     if the infringement notice was served for a traffic infringement for which demerit points were incurred under Part 4 of the Road Safety Act 1986 , the effect on the applicant of the operation of that Part including the incurring of the demerit points;

        (j)     if the infringement notice was served for a traffic infringement, whether the applicant made any of the following statements under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement—

              (i)     an illegal user statement;

              (ii)     a known user statement;

              (iii)     a sold vehicle statement;

              (iv)     an unknown user statement;

        (k)     if the infringement notice was served for a traffic infringement and the applicant made a statement mentioned in paragraph (j)(ii) or (iii) in relation to the traffic infringement, whether a person made a nomination rejection statement under Part 6AA of the Road Safety Act 1986 in response to that statement;

        (l)     any information that the applicant has given the regulator in relation to the infringement notice, including reasons why the infringement penalty stated in it was paid.

    (3)     In this section—

S. 73(3) def. of transport offence amended by No. 34/2023 s. 29.

"transport offence" means—

        (a)     an offence under this Act or the regulations; or

        (b)     an offence under Part 4A of the Bus Safety Act 2009 or regulations made for the purposes of that Part; or

        (c)     a traffic infringement.

New s. 74 inserted by No. 63/2017 s. 18.