Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
6 Definitions for pt 2.2
In this part:
"applicant", for accreditation (including renewal)—see section 7 (1).
"executive officer", of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.
"mandatory disqualifying offence" means—
(a) an offence against a law of any jurisdiction, an external territory or foreign country—
(i) involving dishonesty, bribery, misrepresentation, blackmail, or actual or threatened violence; or
(ii) of a sexual nature; or
(iii) involving the use or possession, or the supply to someone else, of a drug; or
(b) an offence against a law of any jurisdiction, an external territory or foreign country for which a person is sentenced to imprisonment.
Note Jurisdiction means a State, the Commonwealth or an internal territory, including the ACT (see the Act, dict).
"proposed service standards", for an application for accreditation (including renewal)—see section 6A.
"regulated service" means—
(a) a public passenger service; or
(b) a taxi network.
"relevant person", in relation to an application for accreditation (including renewal) by a person or an accreditation held by a person—see section 6B.
6A Meaning of proposed service standards for pt 2.2
(1) For this part, the proposed service standards for an application for accreditation (including renewal) are—
(a) a written statement by the applicant about how the applicant will provide a safe, reliable and efficient regulated service and comply with the approved minimum service standards for the regulated service to which the application relates; and
(b) if amended proposed service standards are accepted by the road transport authority under section 7 (5)—the amended standards.
(2) However, if there are no approved minimum service standards for the regulated service to which the application relates, the proposed service standards for the application are—
(a) a written statement by the applicant in relation to the matters mentioned in schedule 1, for the regulated service to which the application relates, about how the applicant will provide a safe, reliable and efficient regulated service; and
(b) if amended proposed service standards are accepted by the road transport authority under section 7 (5)—the amended standards.
(3) This subsection and subsection (2) expire on 10 March 2006.
6B Meaning of relevant person for pt 2.2
In this part:
"relevant person", in relation to an application for accreditation (including renewal) by a person or an accreditation held by a person, means—
(a) if the person is an individual—the person and any employee of the person who is concerned with, or takes part in, the management of the regulated service to which the application relates; or
(b) if the person is a corporation—each executive officer of the corporation.
7 Application procedure for accreditation
(1) A person (the applicant ) may apply to the road transport authority for accreditation (including renewal) to operate a particular kind of regulated service.
Note A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
(2) The applicant must give the road transport authority—
(a) a completed application form for the kind of accreditation applied for; and
(b) the proposed service standards for the regulated service to which the application relates; and
(c) a statement supplied by a police officer about the criminal history (if any) of, and the infringement notices (if any) served on, each relevant person.
(3) The road transport authority may require the applicant to give the authority further stated information or a stated document that the authority reasonably needs to decide the application.
(4) The road transport authority may refuse to consider the application further if the requirement is made in writing and the applicant does not comply with the requirement.
(5) The applicant may, with the road transport authority's agreement, give the authority amended proposed service standards for the application.
(6) In this section:
"infringement notice"—
(a) means a notice served under the Road Transport (General) Act 1999 , section 24 (Service of infringement notices generally) or section 36 (Service of infringement notices on responsible persons for vehicles); and
(b) includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.
8 Mandatory refusal of accreditation
(1) The road transport authority must refuse an application for accreditation (including renewal) if the authority believes, on reasonable grounds, that—
(a) the applicant is not a suitable person to operate the kind or size of regulated service to which the application relates; or
(b) the applicant does not have the capacity to meet the applicant's proposed service standards; or
(c) the proposed service standards do not adequately state how the applicant will comply with the approved minimum service standards for the regulated service to which the application relates; or
(d) compliance by the applicant with the proposed service standards will not ensure that the applicant will provide a safe, reliable and efficient regulated service.
(2) The matters to which the road transport authority may have regard in deciding whether the applicant is a suitable person include—
(a) the knowledge and experience of the relevant people in relation to the operation of a regulated service of the kind and size to which the application relates; and
(b) for an application for accreditation to operate a bus service, taxi network or taxi service—the financial capacity of the applicant to operate the kind and size of regulated service to which the application relates; and
(c) for an application for accreditation to operate a regulated service (other than a restricted hire car service)—whether a relevant person is or has been an executive officer of a corporation that is or has been placed in administration or liquidation or wound up under an Australian or foreign law.
(3) However, the applicant is not a suitable person to operate the regulated service to which the application relates if—
(a) a relevant person has been convicted or found guilty of a mandatory disqualifying offence; or
(b) a relevant person is disqualified under chapter 6 (Disciplinary action) from holding or applying for the accreditation; or
(c) for an application for a kind of accreditation for which educational qualifications have been approved by the road transport authority under section 19—at least 1 relevant person does not hold the approved educational qualifications; or
(d) the applicant is a corporation and—
(i) a receiver or receiver and manager within the meaning of the Corporations Act has been appointed in relation to the applicant; or
(ii) a court has made an order under the Corporations Act for the winding-up of the applicant; or
(e) for an application for accreditation to operate a regulated service (other than a restricted hire car service)—
(i) a relevant person is an undischarged bankrupt under an Australian or foreign law; or
(ii) a relevant person is disqualified (however described) from managing a corporation under an Australian or foreign law (including, for example, the Corporations Act, part 2D.6 (Disqualification from managing corporations)); or
(iii) a relevant person has been convicted or found guilty of an offence against the Corporations Act, section 209 (3) (which is about a public company giving financial benefits to a related party) or part 5.8 (which relates to companies under external administration etc); or
(iv) a relevant person has been convicted or found guilty of an offence against another Australian law or a foreign law that corresponds to a provision mentioned in paragraph (iii).
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).