MOTOR DEALERS ACT 1974 - SECT 38B Power of Supreme Court to appoint an administrator in certain cases

This legislation has been repealed.

MOTOR DEALERS ACT 1974 - SECT 38B

38B Power of Supreme Court to appoint an administrator in certain cases

(1) Without affecting the operation of any other provision of this Act, the Supreme Court may, on the application of the Director-General, make an order appointing an administrator of the affairs and property of the holder of a licence where the Court is satisfied that:

(a) any ground exists in relation to the holder on which the holder's licence may be suspended or cancelled under this Act,

(b) the holder has repeatedly engaged in unjust conduct within the meaning of section 20I, or

(c) it is desirable in the public interest, having regard to the circumstances of the holder of the licence, to do so.

(2) Where the licence of any person has been suspended or cancelled under this Act, the Supreme Court may, on the application of the Director-General made not later than 12 months after the date on which the suspension or cancellation took effect and, in the case of a suspension, before the removal of, or the expiry of the period of, the suspension, make an order appointing an administrator of the affairs and property of that person on being satisfied that the appointment is necessary or desirable in order to protect the interests of persons with whom that person has had dealings.

(3) The Supreme Court may suspend or cancel the licence of any person in respect of whose affairs and property an administrator is appointed by an order under subsection (1) if, at the time at which the order is made, the licence has not been suspended or cancelled.