Passenger Transport Act 1994

The Standards Committee may hold an inquiry for the purpose of determining whether proper cause exists for disciplinary action against a person who is, or has been, an accredited person under this

Act.

An inquiry may be commenced by a complaint being lodged with the

Standards Committee or by the Standards Committee acting of its own motion.

There is proper cause for disciplinary action against a respondent if—

the respondent is found guilty of an offence against this or any other Act or law; or

the respondent has failed to pay amounts required by a notice under clause 2(7) of

Schedule

2 within the period specified in the notice (or such other period as may have been allowed by the Minister in accordance with clause 5 of that Schedule); or

the respondent holds an accreditation under

Division

1 and has—

in the course of operating a passenger transport service, acted negligently or fraudulently; or

failed to meet any standard that relates to the accreditation;

or

the respondent holds an accreditation under

Division

2 and has ceased to have sufficient responsibility or aptitude to drive a vehicle to which the accreditation relates;

or

the respondent holds an accreditation under

Division

3 and has failed to meet a standard that relates to the accreditation; or

the respondent—

obtained his or her accreditation improperly; or

has ceased to be a person of good repute, or in any other respect has ceased to be a fit and proper person to hold an accreditation under this

Act or, in the case of a body corporate, a person who has gained or is in a position to control or influence substantially the affairs of the respondent is not, or has ceased to be, a person of good repute, or in any other respect is not, or has ceased to be a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of an accreditation under this Act; or

has ceased to be eligible for any other reason to hold an accreditation under this Act; or

has breached, or failed to comply with, a code of practice under this Act, or otherwise has breached, or failed to comply with, a condition to which his or her accreditation is subject; or

has breached, or failed to comply with, a provision of this Act;

or

has breached, or failed to comply with or satisfy, any other requirement, standard, criteria, qualification or condition prescribed by the regulations for the purposes of this provision.

If, after conducting an inquiry under this section, the Standards

Committee is satisfied that proper cause exists for disciplinary action, the

Standards Committee may exercise one or more of the following powers:

the Standards Committee may reprimand the respondent;

the Standards Committee may require the respondent to pay to the

Consolidated Account a fine not exceeding $5000 (recoverable by the Crown as a debt);

if the respondent is an accredited person, the Standards Committee may—

attach conditions to the accreditation;

shorten the period of accreditation, or issue a temporary accreditation, and warn the respondent that if further grounds for disciplinary action arise, the respondent will be liable to be disqualified from holding an accreditation under this Act;

suspend the accreditation for a specified period, until the fulfilment of specified conditions, or until further order;

revoke the accreditation;

the Standards Committee may disqualify the respondent from holding an accreditation under this Act—

permanently; or

for a specified period; or

until the fulfilment of specified conditions; or

until further order.

The powers conferred by this section may be exercised in relation to conduct occurring before or after the commencement of this

Act.

The Standards Committee must not revoke or suspend the accreditation of a person who is the holder of a service contract under

Part

5 except with the concurrence of the

Minister.

The Minister is not obliged to conduct a hearing or invite submissions for the purpose of deciding whether or not to give his or her concurrence under subsection (5).

A person who has had his or her accreditation suspended is not an accredited person during the period of suspension.

Where the Standards Committee revokes an accreditation under this section, the Standards Committee may stipulate that the revocation is to have effect at a future time specified by the Standards Committee and impose conditions as to the conduct of any activity under that accreditation until that time.

If a condition is imposed by the Standards Committee under this section, the respondent must not contravene or fail to comply with the condition. Maximum penalty: Penalty: Division 3 fine.