Australian Capital Territory Consolidated Acts

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SALE OF MOTOR VEHICLES ACT 1977 - SECT 48

Grounds for occupational discipline—licensees

    (1)     Each of the following is a ground for occupational discipline in relation to a licensee:

        (a)     the licensee gave information in relation to the application for the grant, renewal or variation of the licence that was false or misleading in a material particular;

        (b)     for a corporate licensee—a person who has become, or intends becoming, an executive officer of the licensee is an unsuitable person;

        (c)     the licensee is no longer eligible for the grant of the licence held by the licensee.

Examples—individual licensee no longer eligible for grant

1     the licensee is no longer a suitable person because the licensee has committed an offence against the Act

2     the licensee becomes bankrupt or executes a personal insolvency agreement

3     the licensee is unlikely to be able to continue to comply with the obligations applying to the licence

4     if the licensee holds a vehicle sale licence, the licensee does not have sufficient material and financial resources to carry on the business in accordance with this Act

Examples—corporate licensee no longer eligible for grant

1     an executive officer of the licensee is no longer a suitable person because the executive officer has committed an offence involving dishonesty

2     if the licensee holds a vehicle sale licence, the licensee does not have sufficient material and financial resources to carry on the business in accordance with this Act

Note 1     See s 8 and s 9 for eligibility for the grant of a licence.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     A ground for occupational discipline applies to a person who is no longer licensed if the ground applied to the person while licensed.



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