Part 3Operator certificates
37Waiver of disqualification
A person who is disqualified from holding a certificate may apply in writing to the Registrar for an order waiving the disqualification.
On receipt of an application, the Registrar must—
- refer the application to a District Court Judge for determination; and
- send a copy of the application to the Commissioner of Police for a report on the matters referred to in subsection (4)(b).
The Commissioner of Police must provide a report to the Registrar within 3 weeks of receipt of the request, and the Registrar must immediately forward a copy of the report to the applicant.
A District Court Judge may make an order waiving a disqualification if he or she is satisfied that—
- the applicant's offending was of a nature, or occurred so long ago, that it ought no longer to be a barrier to obtaining a certificate; and
- the applicant is not, and has not recently, been associated or involved with persons who would themselves be disqualified under section 36 and who might reasonably be expected to exert an influence on the applicant.
The District Court Judge who determines the application—
- may not make the order until at least 2 weeks after receipt of the report provided under subsection (3); and
- must determine the application on the basis of the material contained in the application, the Police report, and any further written material provided by the applicant, whether in response to the Police report or otherwise.
An order waiving disqualification remains in force until it is cancelled under subsection (7) or subsection (8).
An order waiving a disqualification is cancelled, by operation of this subsection, if the person to whom it applies is convicted of any offence referred to in section 36(2).
A District Court Judge may cancel an order waiving a person's disqualification if—
- the Police make an application to the Registrar for an order cancelling the waiver; and
- a copy of the Police application is sent to the person at the address supplied in his or her application for a certificate; and
- at least 2 weeks after sending that application, either the Registrar has not received any response from the certificate holder or, if the holder has made submissions in writing, the District Court Judge has considered those submissions; and
- the District Court Judge is satisfied, on the basis of the Police application and any submissions received from the person concerned, that the waiver ought to be cancelled on the grounds that the person is associated or involved with persons who would themselves be disqualified under section 36 and who might reasonably be expected to be exerting an influence over the person.