Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION (ACCREDITATION AND LICENSING) AMENDMENT REGULATION 2006 (NO 1) (NO 59 OF 2006) - REG 7

in division 5.4, insert

90A     Public vehicle licence guidelines—relevant offences

    (1)     The Minister may approve guidelines about the exercise of the road transport authority's functions under the following sections:

        (a)     section 70 (3) (a) (When applications for issue and certain variations of driver licences can be refused);

        (b)     section 87 (3) (a) (When authority may vary, suspend or cancel driver licences).

    (2)     Without limiting subsection (1), the guidelines may make provision about—

        (a)     the offences that are relevant in relation to—

              (i)     an application for a public vehicle licence; and

              (ii)     the suitability of a person to continue to hold a public vehicle licence; and

        (b)     the matters or circumstances that may or must be considered, in deciding whether—

              (i)     an application for a public vehicle licence may or must be refused; or

              (ii)     a public vehicle licence may or must be suspended or cancelled.

Examples for par (b)

1     whether a person has been convicted for a single offence or multiple offences and the nature and seriousness of the offence

2     the age of the person when the offence was committed

3     the time elapsed since the offence was committed

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     The road transport authority must comply with any guidelines approved under this section.

    (4)     Approved guidelines are a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.