MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 176 Amendment of registration certificate conditions

MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 176

176 Amendment of registration certificate conditions

(1) The chief executive may amend the conditions of a motor salesperson’s registration certificate—

(a) on the motor salesperson’s application; or

(b) on the order of QCAT after a disciplinary hearing; or

(c) on the chief executive’s own initiative.

Note—

QCAT may deal with the conditions of a person’s registration certificate under section 199 .

(2) An application under subsection (1) (a) must be made to the chief executive in the approved form and be accompanied by the application fee prescribed under a regulation.

(3) Before making an amendment under subsection (1) (a) , the chief executive must be satisfied the motor salesperson meets the eligibility requirements the chief executive considers relevant to the amendment of the condition.

(4) Before making an amendment under subsection (1) (c) , the chief executive must—

(a) give written notice to the motor salesperson—

(i) of the particulars of the proposed amendment; and

(ii) that the motor salesperson may make written submissions to the chief executive about the proposed amendment before a stated day not later than 14 days after the notice is given to the motor salesperson; and

(b) have regard to submissions made to the chief executive by the motor salesperson before the stated day.

(5) Subsection (4) does not apply if the chief executive decides that the amendment must be made urgently to ensure compliance with this Act or the Administration Act .

(6) If the chief executive decides to amend the conditions of a registration certificate under subsection (1) (c) , the chief executive must give the motor salesperson an information notice about the decision within 14 days after making the decision.

(7) The amendment takes effect—

(a) on the day the written notice of the amendment is given to the motor salesperson; or

(b) if a later day is stated in the notice—on the stated day.

(8) If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the motor salesperson an information notice about the decision within 14 days after making the decision.