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NATIONAL MEASUREMENT ACT 1960 - SECT 18PC

Circumstances in which public weighbridge licence must be refused

  (1)   The Secretary must refuse an application by an applicant for a public weighbridge licence for a single weighbridge if:

  (a)   the applicant is an individual who has not reached the age of 18 years; or

  (b)   the applicant holds a licence under this Act that is suspended; or

  (c)   the applicant is disqualified under this Act from holding a licence under this Act; or

  (d)   neither:

  (i)   the applicant; nor

  (ii)   an employee of the applicant; nor

  (iii)   a person who has contracted with the applicant to operate the weighbridge; nor

  (iv)   any employee of a person mentioned in subparagraph   (iii);

    is competent to operate a public weighbridge; or

  (e)   the applicant or a person who has contracted with the applicant to operate the weighbridge is not likely to carry on the operation of a public weighbridge honestly and fairly; or

  (f)   the applicant or a person who has contracted with the applicant to operate the weighbridge is in any other way not a fit and proper person to operate a public weighbridge; or

  (g)   the Secretary considers that the weighbridge is not suitable for use as a public weighbridge.

  (2)   Without limiting the generality of paragraph   (1)(f), the Secretary may have regard to any or all of the following matters in determining whether the applicant or a person who has contracted with the applicant to operate the weighbridge (the contractor ) is a fit and proper person to operate a public weighbridge:

  (a)   whether the applicant or the contractor has, during the period of 10 years that immediately preceded the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence (whether under the law of the Commonwealth or any other law) involving fraud or dishonesty;

  (b)   whether the applicant or the contractor was, when the application was made, the subject of a charge pending in relation to such an offence;

  (c)   whether the applicant or the contractor has, at any time, been convicted of an offence against this Act or an earlier corresponding law;

  (d)   whether the applicant or the contractor has been refused a licence under this Act or an earlier corresponding law.



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