Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18pc
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18PC
Character Range: 172571–174791

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.