New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 18

18 Refusal of application for licence

(1) The Authority must refuse an application made by an individual (whether in his or her own right or as part of a joint application) if it appears to the Authority that:

(a) the applicant has not attained the age of 18 years, or

(b) the applicant is disqualified from holding a licence, or

(c) the applicant is an undischarged bankrupt, or

(d) the applicant does not have, or is not likely to continue to have, sufficient financial resources to enable the person to carry on business pursuant to the authority that would be conferred by the licence if it were granted, or

(e) the applicant is not a person likely to carry on such a business honestly and fairly, or

(f) the applicant does not have the qualifications (if any) prescribed by the regulations, or

(g) the applicant does not have the material resources and other resources (if any) prescribed by the regulations, or

(h) the application does not comply with section 16 or the applicant has not complied with a requirement made under section 16 (6), or

(i) the applicant is in any other way not a fit and proper person to hold a licence, or

(j) the applicant has (as an adult), within the preceding 10 years, been found guilty of an offence involving, or relating to:

(i) stealing a motor vehicle (within the meaning of Division 5A of Part 4 of the Crimes Act 1900 ), or

(ii) receiving, or unlawful possession of, a motor vehicle (within the meaning of Division 5A of Part 4 of the Crimes Act 1900 ) or a motor vehicle part, or

(k) the applicant is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012 .

Note: Controlled members are prohibited from applying for licences-see section 27 of the Crimes (Criminal Organisations Control) Act 2012 .

(2) Without affecting the generality of subsection (1) (i), the Authority may, in determining whether an applicant is not a fit and proper person to be the holder of a licence, have regard to any of the following:

(a) whether the applicant has, during the period of 10 years that last preceded the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence in New South Wales or elsewhere involving fraud or dishonesty,

(b) whether the applicant was, when the application was made, subject to a good behaviour bond in relation to such an offence,

(c) whether there was, when the application was made, a charge pending against the applicant in relation to such an offence,

(d) whether the applicant has, at any other time, been convicted of an offence against this Act or the regulations or any other Act or regulation administered by the Minister.

(2A) Without affecting the generality of subsection (1) (i), an applicant is not a fit and proper person to be the holder of a licence if the Authority has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the applicant that:

(a) the applicant is a member of, or regularly associates with one or more members of, a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012 , and

(b) the nature and circumstances of the applicant’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the applicant is granted a licence.

(2B) The Authority is not, under this or any other Act or law, required to give any reasons for refusing an application for a licence because of subsection (2A) to the extent that the giving of those reasons would disclose any criminal intelligence.

(3) The Authority must refuse an application made by a body corporate (whether in its own right or as part of a joint application) if it appears to the Authority that:

(a) a person concerned in the management of the body corporate has not attained the age of 18 years, or

(b) the body corporate is disqualified from holding a licence, or

(c) the body corporate does not have, or is not likely to continue to have, sufficient financial resources to enable it to carry on business pursuant to the authority that would be conferred by the licence if it were granted, or

(d) the body corporate is not likely to carry on such a business honestly and fairly, or

(e) the officers of the body corporate do not have the qualifications (if any) prescribed by the regulations, or

(f) the body corporate does not have the material resources and other resources (if any) prescribed by the regulations, or

(g) the application does not comply with section 16 or the applicant has not complied with a requirement made under section 16 (6), or

(h) the reputation of the body corporate is such that it would not be a fit and proper person to hold a licence, or

(i) a director of, or a person concerned in the management of, the body corporate is not of good reputation or character or in any other way would not be a fit and proper person to hold a licence if the director or person were to apply for the licence personally, or

(j) any person other than an officer of the body corporate who, in the opinion of the Authority, appears to have control, or substantial control, of the body corporate is not of good reputation and character or is not likely to exercise that control honestly and fairly, or

(k) a director of, or person concerned in the management of, the body corporate has (as an adult), within the preceding 10 years, been found guilty of an offence involving, or relating to:

(i) stealing a motor vehicle (within the meaning of Division 5A of Part 4 of the Crimes Act 1900 ), or

(ii) receiving, or unlawful possession of, a motor vehicle (within the meaning of Division 5A of Part 4 of the Crimes Act 1900 ) or a motor vehicle part.

(4) For the purposes of determining an application for a joint licence, or an application by a person who intends to carry on business in partnership with another person, the Authority must, for the purposes of subsections (1) (d) and (g) and (3) (c) and (f), take into account the resources that the joint applicants or proposed partners have together.

(5) Without affecting the generality of subsection (3) (h), (i) or (j), the Authority may, in determining any matter referred to in those paragraphs, have regard, if applicable, to the fact that the body corporate or a person referred to in those paragraphs has, at any time, been convicted of an offence against this Act or the regulations or any other Act or regulation administered by the Minister.

(6) The Authority may refuse an application if:

(a) some other licence is in force in respect of a place of business, or any part of that place, to which the application relates, or

(b) the carrying on of the business at any such place, or part of a place, is, for any reason, unlawful.

(7) An application for a licence must not be granted until the applicant has paid the licence fee to the Authority.

(8) The Authority may require any of the following persons to appear personally before the Authority to satisfy the Authority as to any relevant matters under this section that the Authority may require:

(a) any individual to whom the application relates,

(b) the directors and officers of the body corporate to which the application relates.

(9) Despite any other provision of this section, the Authority may refrain from granting an application for a licence until the Authority is satisfied as to any relevant matter under subsection (8).