Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 75

    (1)     The regulator, having considered the matters referred to in section 73, may issue a driver accreditation if satisfied—

        (a)     that it is appropriate to do so having regard to the public care objective; and

        (b)     that the applicant—

              (i)     is technically competent and sufficiently fit and healthy to drive a motor vehicle for the purpose of providing commercial passenger vehicle services; and

              (ii)     is a fit and proper person to provide a commercial passenger vehicle service; and

        (c)     that the applicant has complied with the requirements under this Part in relation to the application, including paying the application fee (if any) determined by the regulator under section 282.

    (2)     However, the regulator must refuse to issue a driver accreditation if aware that the applicant—

S. 75(2)(a) amended by No. 30/2021 s. 19.

        (a)     does not hold an Australian driver licence; or

        (b)     has been found guilty of a category 1 offence; or

        (c)     is a person who is subject to—

              (i)     reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004 ; or

S. 75(2)(c)(ii) repealed by No. 34/2023 s. 24.

    *     *     *     *     *

S. 75(2)(c)(iii) amended by No. 45/2019 s. 48(1)(a), repealed by No. 34/2023 s. 24.

    *     *     *     *     *

S. 75(2)(c)(iv) inserted by No. 45/2019 s. 48(1)(b).

              (iv)     a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018 .

    (3)     Unless satisfied that the applicant has shown that the issue of a driver accreditation is appropriate in the circumstances, the regulator must also refuse to issue a driver accreditation if aware that the applicant—

        (a)     has been found guilty of a category 2 offence; or

        (b)     is the subject of a charge for a category 1 offence that has not been finally disposed of at the time of considering the application.

    (4)     Without limiting the discretion of the regulator, the regulator may refuse to issue a driver accreditation if aware that the applicant—

        (a)     has been found guilty of a category 3 offence; or

        (b)     is subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application.

    (5)     The regulator must not refuse to issue a driver accreditation on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or cancel an accreditation in respect of the person on that ground has previously been set aside (without being remitted) by VCAT.

    (6)     In making a decision under subsection (3) or (4), the regulator may have regard to the following matters in relation to the category 2 offence or category 3 offence—

        (a)     the nature and gravity of the offence and its relevance to the commercial passenger vehicle service to be provided by the applicant;

        (b)     the period of time since the applicant committed the offence;

        (c)     whether a finding of guilt or conviction was recorded;

        (d)     the sentence imposed for the offence;

        (e)     the age of the applicant when the offence was committed;

        (f)     in relation to any sexual offence, the age of any victim;

        (g)     whether or not the conduct that constituted the offence has been decriminalised since the offence was committed;

        (h)     the applicant's behaviour since committing the offence;

              (i)     the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person;

        (j)     any information given by the applicant.

New s. 76 inserted by No. 63/2017 s. 18.