CONVEYANCERS ACT 2006 - SECT 34 Determination of VCAT on inquiry

CONVEYANCERS ACT 2006 - SECT 34

    (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