Fair Trading Legislation Amendment (Reform) Act 2018

An application for a licence or renewal of a licence is to nominate one of the following terms of duration for the licence (the nominated term)—

1 year,

3 years,

5 years.

A licence may only be granted for a term of 3 or 5 years if—

the applicant has requested that the licence be granted for a term of either 3 years or 5 years, and

the applicant has held a licence for a continuous period of at least 3 years immediately before the date on which the subsequent licence will come into force (that is, during that period of 3 years, the applicant’s licence was not suspended or revoked and did not lapse), and

neither the applicant nor any of the applicant’s close associates is, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a licence or any other contravention of this Act or the regulations, and

neither the applicant nor any of the applicant’s close associates has, in the 5 years immediately before the date of the application—

been subject to any prescribed disciplinary action under this Act, or

engaged in any prescribed conduct, and

the Secretary is satisfied that a 3-year or a 5-year licence should be granted.

Subject to subsection (2), the Secretary may grant or renew a licence for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.

If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.

If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.

The suspension of a licence does not affect the term of the licence.

This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018.

In this section—

if the applicant or close associate applied for a licence or drivers certificate immediately after engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify the application being refused, or

if the applicant or close associate held a licence or drivers certificate at the time of engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify—

the suspension of a licence or drivers certificate held by the applicant or close associate, or

the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or

the disqualification of the applicant or close associate from holding a licence or drivers certificate.

the suspension of a licence or drivers certificate held by the applicant or close associate, or

the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or

the disqualification of the applicant or close associate from holding a licence or drivers certificate.