Circumstances in which public weighbridge licence must be refused
18PC Circumstances in which public weighbridge licence must be refused
The Secretary must refuse an application by an applicant for a public weighbridge licence for a single weighbridge if:
the applicant is an individual who has not reached the age of 18 years; or
the applicant holds a licence under this Act that is suspended; or
the applicant is disqualified under this Act from holding a licence under this Act; or
neither:
the applicant; nor
an employee of the applicant; nor
a person who has contracted with the applicant to operate the weighbridge; nor
any employee of a person mentioned in subparagraph (iii);
is competent to operate a public weighbridge; or
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
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
the Secretary considers that the weighbridge is not suitable for use as a public weighbridge.
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:
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;
whether the applicant or the contractor was, when the application was made, the subject of a charge pending in relation to such an offence;
whether the applicant or the contractor has, at any time, been convicted of an offence against this Act or an earlier corresponding law;
whether the applicant or the contractor has been refused a licence under this Act or an earlier corresponding law.
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