Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION (ACCREDITATION AND LICENSING) AMENDMENT REGULATION 2006 (NO 1) (NO 59 OF 2006) - REG 5

substitute

    (3)     Without limiting subsection (1) (c), the road transport authority may refuse an application for a public vehicle licence under subsection (1) because the person is not a suitable person to hold a driver licence or a driver licence of the class or kind applied for if—

        (a)     the person has been convicted or found guilty of an offence that the road transport authority considers is relevant to the application; or

Note     The road transport authority must comply with any guidelines approved by the Minister under s 90A (Public vehicle licence guidelines—relevant offences).

        (b)     within the 5-year period before the day the application is made—

              (i)     the person has been disqualified (whether or not by court order) from holding or obtaining an Australian driver licence under the law of any jurisdiction; or

              (ii)     the person's Australian driver licence , or right to drive a motor vehicle (however described), has been suspended or cancelled under the law of any jurisdiction.

    (4)     However, subsection (3) (b) (ii) does not apply if the suspension or cancellation is—

        (a)     for the nonpayment of an infringement notice penalty; or

        (b)     under the Road Transport (General) Act 1999, part 6 (Fine defaulters) or a corresponding law of another jurisdiction.

Note     An infringement notice penalty includes an amount payable under an infringement notice served on a person under the law of another jurisdiction (see Act, dict, def infringement notice penalty ).

    (5)     This section is subject to section 49 (Issue of restricted licence by road transport authority).