New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 20E

20E Determination of disciplinary measures by the Director-General

(1) If, after compliance with section 20D, the Director-General is satisfied that any matter referred to in section 20D (1) has been established, the Director-General may do any one or more of the following:

(a) reprimand the holder of the licence,

(b) require the holder of the licence to comply within a specified time with a requirement specified by the Director-General,

(c) suspend the licence for a period not exceeding 12 months,

(d) disqualify the holder of the licence or any person concerned in the direction, management or conduct of the business to which the licence relates from holding a licence or from being concerned in the direction, management or conduct of a business for the carrying on of which a licence is required, either permanently or for such period as the Director-General thinks fit,

(e) impose a condition or restriction to which the licence shall be subject,

(f) cancel the licence.

(1A) Without limiting the powers conferred by subsection (1), among the requirements that the Director-General may specify under subsection (1) (b) is a requirement that the holder of the licence concerned:

(a) make an additional contribution to the Fund of such amount as the Director-General specifies, or

(b) indemnify the Fund to such extent as the Director-General specifies in the event of a particular contingency arising concerning the activities of the holder of the licence.

(1B) Despite subsection (1), the Director-General must cancel the licence concerned if satisfied that:

(a) a matter referred to in section 20D (1) (d1) has been established, or

(b) in the case of a licence holder that is a body corporate, if the body corporate were not the holder of a licence, the Director-General would be required by section 12 (4) (k) to refuse an application by the body corporate for a licence.

(1C) Despite subsection (1), the Director-General must cancel the licence concerned if satisfied that the matter referred to in section 12 (3A) has been established.

(2) Where, under subsection (1), the Director-General requires the holder of a licence to comply with a requirement specified by the Director-General, the holder of the licence shall comply with the requirement within the time specified by the Director-General under that subsection.

(3) Where the Director-General disqualifies the holder of a licence under subsection (1) (d), the Director-General shall cancel the licence.

(4) Where the Director-General suspends or cancels a licence under this section, the suspension or cancellation shall take effect on and from such day as is determined by the Director-General and notified, by notice in writing, to the holder of the licence.

(5) Where the Director-General:

(a) suspends a licence-the holder of the licence, or

(b) cancels a licence-the former holder of the licence,

shall return the licence to the Director-General within a period specified by the Director-General when suspending or cancelling the licence.

(6) A person disqualified under subsection (1) (d) shall not, while disqualified:

(a) hold a licence, or

(b) be concerned in the direction, management or conduct of a business for which this Act requires a licence to be held.