New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 44

44 Determination of disciplinary measures by Authority

(1) The Authority may, after complying with section 41, take any of the following actions if satisfied that a ground exists on which the holder of a licence or certificate may be dealt with under this Part:

(a) reprimand the holder,

(b) require the holder to comply within a specified time with a requirement specified by the Authority, being a requirement relating to the conduct of the business or other activity to which the licence or certificate relates or to any other thing regulated by or under this Act,

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

(d) in the case of the holder of a licence, disqualify the holder 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 Authority thinks fit,

(e) impose a condition or restriction on the licence or certificate,

(f) cancel the licence or certificate.

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

(a) make a contribution to the Contingency Fund of such amount as the Authority specifies, or

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

(3) Despite subsection (1), the Authority must cancel the licence concerned if satisfied that:

(a) a matter referred to in section 42 (1) (f) 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 Authority would be required by section 18 (3) (k) to refuse an application by the body corporate for a licence.

(3A) Despite subsection (1), the Authority must cancel the licence or certificate concerned if satisfied that the matter referred to in section 42 (1) (na) or 43 (fa), respectively, has been established.

(4) A holder of a licence or certificate must comply with a requirement of the Authority specified under subsection (1) (b) within the time specified by the Authority.

Maximum penalty: 20 penalty units.

(5) If the Authority disqualifies the holder of a licence, the Authority must cancel the licence.

(6) A cancellation or suspension of a licence or certificate under this section takes effect on and from the day determined by the Authority and notified in writing to the holder of the licence or certificate.

(7) The holder of a licence or certificate that is suspended or the former holder of a licence or certificate that is cancelled must return the licence or certificate to the Authority within the period specified by the Authority when suspending or cancelling the licence.

Maximum penalty: 20 penalty units.

(8) A person disqualified under this section must 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.

Maximum penalty (subsection (8)): 20 penalty units.