New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 42

42 Grounds on which a licence holder may be dealt with under this Part

(1) The following are the grounds on which a holder of a licence may be dealt with under this Part:

(a) that the holder has carried on the business of a repairer in such a manner that the repair work done in connection with that business has been below usual trade standards,

(b) that the licence may have been improperly obtained or, when the licence was granted, there may have been grounds for refusing to grant it,

(c) that the holder has been convicted of an offence against this Act or the regulations or any other Act or regulation administered by the Minister,

(d) that the holder may have failed to comply with this Act or the regulations, a condition or restriction to which the licence is subject or an order of the Tribunal applicable to the holder,

(e) that the holder has, within the period of 10 years that last preceded the grant of the licence, been found guilty of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more,

(f) the holder of a licence has (as an adult), within the preceding 10 years or the period of 10 years that last preceded the grant of the licence, been found guilty of:

(i) an offence involving, or relating to, stealing a motor vehicle (within the meaning of Subdivision 5A of Division 1 of Part 4 of the Crimes Act 1900 ), or

(ii) receiving, or being in unlawful possession of, a motor vehicle (within the meaning of Subdivision 5A of Division 1 of Part 4 of the Crimes Act 1900 ) or a motor vehicle part,

(g) that the Authority considers, in the light of evidence acceptable to the Authority, that the holder is probably receiving or dealing in stolen goods,

(h) that the business to which the licence relates is being carried on in a dishonest or unfair manner,

(i) in the case of a holder of a licence (other than a joint licence) in respect of any class of repair work-that the material, financial and other resources of the holder of the licence, together with those of the persons with whom the holder carries on the business of a repairer in partnership, are not sufficient to enable the holder to carry on the business of a repairer in respect of that class of repair work,

(j) in the case of a holder of a joint licence in respect of any class of repair work-the holders of the licence together do not have sufficient material, financial and other resources to carry on the business of a repairer in respect of that class of repair work,

(k) that, if the person were not the holder of a licence, the Authority would be required by this Act to refuse an application by the person for a licence,

(l) that, in the case of a body corporate, the body corporate:

(i) is in the course of being wound up, or

(ii) is a body corporate in respect of which a receiver or other controller has been appointed, or

(iii) has entered into a compromise or scheme of arrangement with its creditors,

or may, for any other reason, be unable, or is likely to become unable, to meet the holder’s liabilities,

(m) that the holder has, for a period of one month or more, ceased to carry on the business to which the licence relates at a place of business to which the licence relates,

(n) that the holder is contravening another Act or an instrument made under another Act by carrying on the business to which the licence relates at a place of business to which the licence relates,

(na) that the holder is not a fit and proper person to continue to hold a licence for the same reason as that set out in section 18 (2A) in relation to the grant of a licence,

(o) that the holder is, for any other reason, not a fit and proper person to continue to hold a licence.

(2) By way of example of the operation of subsection (1) (g), the Authority may consider that the holder of a licence in whose custody stolen goods are found is probably receiving or dealing in stolen goods.