(1) Disciplinary action under this Part can be taken against a person who is
or was the holder of a licence on any one or more of the following grounds--
(a) the person has contravened a provision of this Act or any other Act
administered by the Minister (including any provision of the Australian
Consumer Law (NSW) ), or the regulations under any such Act, whether or not
the person has been prosecuted or convicted of an offence in respect of the
contravention,
(a1) the person has, in respect of the person's conduct of
business or exercise of functions under the licence, contravened the
Competition and Consumer Act 2010 of the Commonwealth,
(b) the person has
failed to observe any rules of conduct prescribed by the regulations under
section 22,
(c) the person has contravened a condition of the licence,
(d)
the person is a disqualified person or is otherwise not eligible under
section 8 to hold a licence,
(e) the person is not a fit and proper person to
be involved in the direction, management or conduct of the business of a
licensee,
(f) without limiting paragraphs (d) and (e), the person is (because
of physical or mental illness or infirmity) unfit to carry out conveyancing
work and it is in the public interest that disciplinary action be taken,
(g)
the person has failed to pay any part of a contribution or levy that is due
and payable under section 12,
(h) the person has breached an undertaking
given by the person to the Secretary under this Act or the Fair Trading Act
1987 , in respect of the person's conduct of business or exercise of functions
under the licence,
(i) the person has failed to comply with a direction given
to the person by the Secretary pursuant to the taking of disciplinary action
under this Part,
(j) the person has failed to pay a monetary penalty imposed
on the person by the Secretary pursuant to the taking of disciplinary action
under this Part,
(k) the issue of the person's licence was obtained by fraud
or mistake,
(l) any other ground specified in the regulations as a ground for
the taking of disciplinary action against a person under this Act.
(2) For
the purposes of subsection (1) (f), a person is unfit to carry out
conveyancing work only if the person, because of his or her physical or mental
illness or infirmity, is unable to carry out the inherent requirements of
conveyancing work.
(3) The following are to be taken into account in
determining whether a person is unable to carry out the inherent requirements
of conveyancing work--
(a) the person's past training, qualifications and
experience relevant to such work,
(b) if the person is already carrying out
such work--the person's performance in carrying out such work,
(c) all other
factors that it is reasonable to take into account.
