Victorian Current Acts

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COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 86

Disqualification ceases if there has been a relevant change of circumstances

    (1)     A person who has been disqualified under section 85 is not entitled to make a further application for the issue of a driver accreditation under this Part—

        (a)     until the period determined by the regulator has elapsed; or

        (b)     unless the regulator declares that the disqualification ceases to have effect.

    (2)     The person may apply in writing to the regulator for a declaration that the disqualification ceases to have effect.

    (3)     On receiving an application under subsection (2), the regulator must declare that the disqualification ceases to have effect if satisfied that there has been a relevant change in circumstances in relation to the person.

    (4)     In this section—

"relevant change in circumstances", in relation to a person, includes where—

        (a)     a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or

        (b)     a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or

        (c)     a finding on which the decision to disqualify the person under section 85 was based is quashed or set aside after the date of the disqualification.

Division 5—Driver accreditation offences

S. 87 inserted by No. 63/2017 s. 18.



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