Victorian Consolidated Legislation

Conveyancers Act 2006 - SECT 34

Determination of VCAT on inquiry

34. Determination of VCAT on inquiry



(1) After conducting an inquiry in respect of a licensee under section 33,
VCAT, if it considers it appropriate, may, by order, do any one or more of the
following-

   (a)  reprimand the licensee;

   (b)  require the licensee to comply within, or for, a specified time with a
        requirement specified by VCAT;

   (c)  cancel any licence held by the licensee and disqualify the licensee
        either permanently or for a specified period from holding a licence;

   (d)  suspend any licence held by the licensee for a specified period not
        exceeding one year;

   (e)  impose any condition or limitation on any licence held by the
        licensee;

   (f)  declare any person to be ineligible to hold a licence either
        temporarily or permanently;

   (g)  require the licensee to enter into an undertaking to perform, or not
        to perform, certain tasks specified in the undertaking.

(2) In addition to the powers conferred by subsection (1), if VCAT determines
that the licensee has contravened or failed to comply with this Act or the
regulations, it may impose a penalty not exceeding $5000 on the licensee and
specify when the penalty must be paid.

(3) Any penalty imposed under subsection (2) must be paid into the Fund.





(4) If a licensee fails to pay a penalty imposed under subsection (2) by the
required date, VCAT may, without giving the licensee an opportunity to be
heard-

   (a)  suspend the licence until the penalty is paid; and

   (b)  cancel the licence if the penalty has still not been paid after the
        end of a further period of time equal to the initial period of time
        the licensee had in which to pay the penalty.

(5) A reference to a licensee in this section includes a reference to any
person who was a licensee at the time of any breach or alleged breach of a
law, even if the person is not a licensee at the time any action is taken
under this Act.

(6) If VCAT cancels or suspends a licence under this section, the cancellation
or suspension takes effect on the date specified by VCAT.

(7) If VCAT cancels or suspends a licence under this section, the person to
whom the licence was issued must return the licence to the Authority within
the period specified by VCAT, or within the period of 14 days, whichever is
shorter.

Penalty: 60 penalty units.

Division 9-General