Subdivision 3 Applications for scheme authorities and collection and use of information

126D   Procedure to obtain scheme authority

(1)  The applicant for a scheme authority must be:

(a)  in the case of an application for a scheme authority for an individual—the individual or a person that the Authority is satisfied acts on behalf of the individual, or

(b)  in the case of an application for a scheme authority for an organisation—an individual authorised in writing by the organisation (or the governing body of the organisation) to apply for the scheme authority on its behalf.

(2)  An applicant for the issue of a scheme authority must give the Authority:

(a)  a completed application form in the form approved by the Authority, and

(b)  particulars necessary to identify the applicant and the applicant’s residential or business address, including any evidence that the Authority may reasonably require to verify those particulars (for example, evidence of the person’s address on the electoral roll), and

(c)  where the applicant is making the application on behalf of an individual or organisation:

(i)  such documents or other evidence of the applicant’s authority to make the application as is specified by the application form or otherwise required by the Authority, and

(ii)  particulars necessary to identify the individual or organisation on behalf of whom or which the application is made and the individual’s or organisation’s residential, business or other address for service, including any evidence that the Authority may reasonably require to verify those particulars (for example, evidence of the individual’s address on the electoral roll), and

(d)  any documents or other evidence (including medical certificates) specified by the application form, and

(e)  the fee (if any) fixed under clause 126E for the category of scheme authority sought.

(3)  The Authority may, in the case of an application for a scheme authority for an individual, require the applicant to provide, in such a form as may be specified by the Authority, evidence that satisfies the Authority that the individual is a disabled person.

126E   Fees for applications for scheme authorities

(1)  The Authority may, by order published in the Gazette, fix fees, or amend or revoke fees, for services provided by the Authority in connection with the issue of scheme authorities.

(2)  Without limiting subclause (1):

(a)  different fees may be fixed for different categories of authorities, and

(b)  different fees may be fixed for different categories of applicants.

(3)  In fixing any fee under subclause (1), the Authority must have regard to the following matters:

(a)  the costs (or estimated costs) associated with the establishment and administration of the mobility parking scheme over such period as the Authority may determine (the specified administration period),

(b)  the actual or estimated number of applicants for scheme authorities and participants in the mobility parking scheme during the specified administration period,

(c)  any increases in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

(4)  The Authority may in a particular case waive the requirement for a fee or reduce a fee.

126F   Surrender of current or expired scheme authority if new authority obtained

(1)  If an applicant for a scheme authority holds a current scheme authority or possesses an expired scheme authority, the applicant must surrender that authority to the Authority before the issue of a new scheme authority.

(2)  Despite subclause (1), the Authority may exempt a person from surrendering a current or expired scheme authority if the Authority is satisfied that it would be unreasonable, in the circumstances, to require that authority to be surrendered.

126FA   Information about eligibility for and use of scheme authority

The Authority may at any time, by notice in writing, require the holder of a scheme authority to provide, in such a form as may be specified in the notice, evidence that satisfies the Authority of either or both of the following:

(a)  that the scheme authority has not been misused in the manner or circumstances described in the notice,

(b)  if the holder is an individual, that the individual is a disabled person.

126FB   Evidence of disability

For the purposes of satisfying itself under clause 126D (3) or 126FA (b) that an individual is a disabled person, the Authority may require the individual:

(a)  to be examined by a specified medical practitioner or a medical practitioner belonging to a specified class of medical practitioners, and

(b)  to authorise any such medical practitioner to provide the Authority with such information as the Authority may require in relation to the individual’s disability.

126FC   Information collected under Subdivision

(1)  The Authority may collect, retain, use and disclose any information provided under this Subdivision for the purposes of carrying out its functions under this Division, or for the prosecution of an offence under this Division.

(2)  Despite subclause (1), evidence provided under clause 126FA (a) may not be used to prosecute a person who provides the evidence for an offence other than an offence in respect of the falsity of the evidence.