New South Wales Consolidated Regulations

PASSENGER TRANSPORT REGULATION 2007 - REG 8

8 Applicant to be fit and proper person to carry on relevant service

(1) The applicant must be a fit and proper person to carry on the relevant service.

(2) The applicant must declare in writing that the applicant is aware of the following:

(a) accreditation will be refused if the applicant is disqualified, under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act, from managing corporations,

(b) accreditation may be refused if the applicant (or a director or manager of an applicant corporation) has been the subject of proceedings under section 588G (Director’s duty to prevent insolvent trading by company) or 592 (Incurring of certain debts; fraudulent conduct) of the Corporations Act,

(c) if the applicant:

(i) is the director of a company that has been, or is in the course of being, wound up under Part 5.4 (Winding up in insolvency) of the Corporations Act, or

(ii) discloses any convictions or charges in accordance with subclause (3),

the Director-General may, for the purpose of determining the applicant’s fitness to be an operator, cause any investigation that the Director-General considers appropriate to be made into the winding up, conviction or charge concerned.

(3) The applicant must give the Director-General written notice of the following:

(a) full details of all offences of which the applicant has been convicted (in any jurisdiction) at any time during the 5 years immediately preceding the date of the application,

(b) full details of all alleged offences with which the applicant has been charged (in any jurisdiction) but only if, as at the date of the application, proceedings are pending in respect of the charge.

(4) If there are no convictions or pending proceedings against the applicant, the applicant must give the Director-General a written statement to that effect.