Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 13

Grant or refusal of licence

13. Grant or refusal of licence



(1) The Authority must grant a licence to an applicant if it is satisfied
that-

   (a)  the application complies with this Act; and

   (b)  the prescribed fee for the application has been paid; and

   (c)  any required information has been provided by the applicant under
        section 12; and

   (d)  there are no grounds for refusal of the application under subsection
        (4) or (6).

(2) The Authority must refuse an application for a licence if it is satisfied
that-

   (a)  the application does not comply with this Act; or

   (b)  the prescribed fee for the application has not been paid; or

   (c)  any required information has not been provided by the applicant under
        section 12; or

   (d)  a ground for refusal of the application exists under subsection (4) or
        (6).

(3) The Authority is not required to conduct an oral hearing to determine
whether to grant a licence or refuse an application for a licence.





(4) An application for a licence made by a natural person must be refused if
it appears to the Authority-

   (a)  the applicant has not attained the age of 18 years; or

   (b)  the applicant is disqualified from holding a licence under this Act or
        an Act providing for the licensing of motor car traders in any other
        State or in a Territory; or

   (c)  the applicant is an insolvent under administration; or



   (d)  the applicant does not have, or is not likely to continue to have,
        sufficient financial resources to carry on the business of trading in
        motor cars proposed by the applicant; or

   (e)  the applicant is not a person likely to carry on such a business
        honestly and fairly; or



   (f)  the applicant does not have sufficient expertise or knowledge of this
        Act and regulations to enable the applicant to carry on such a
        business; or





   (g)  the applicant is in any other way not a fit and proper person to be a
        licensee; or

   (h)  the applicant does not have, or is not likely to have, premises in
        which the applicant can lawfully carry on such a business;





        (i)    the applicant is not likely to maintain effective control of
               such a business; or



   (j)  the applicant is a director or officer of a corporation that is
        disqualified from holding a licence or was a director or officer of
        such a corporation when the corporation was disqualified; or

   (k)  the applicant is a represented person within the meaning of the
        Guardianship and Administration Board Act 1986; or

   (l)  the applicant has been convicted or been found guilty of a serious
        offence (whether or not a conviction was recorded) within the last 10
        years (unless the applicant has obtained permission under section
        29B); or

   (m)  the applicant has had a claim admitted against the Fund (unless the
        applicant has obtained permission under section 29A); or





   (n)  the applicant is or was a partner or director of, or a person
        concerned in the management of, a partnership or body corporate that
        has had a claim admitted against the Fund in relation to an act or
        omission that occurred at the time the person was a partner or
        director of, or a person concerned in the management of, the
        partnership or body corporate (unless the applicant has obtained
        permission under section 29A).

(5) Without affecting the generality of subsection (4)(g) or (6)(f), the
Authority may, in determining whether an applicant is not a fit and proper
person to be a licensee, have regard (if such be the case) to the fact that
the applicant-

			(a)	is an associate (within the meaning of   section 13A) of a person-


   (i)  who has, within the last 10 years, been convicted or been found guilty
        of a serious offence (whether or not a conviction was recorded); or

   (ii) who has had a claim admitted against the Fund; or

   (iii) who the Authority is satisfied would not be a fit and proper person
        to be a licensee if the person were to apply for a licence personally;
        or

   (b)  is an associate (within the meaning of section 13A) of a body
        corporate that has as a director or secretary a person-

   (i)  who has, within the last 10 years, been convicted or been found guilty
        of a serious offence (whether or not a conviction was recorded); or

   (ii) who has had a claim admitted against the Fund; or

   (iii) who the Authority is satisfied would not be a fit and proper person
        to be a licensee if the director or secretary were to apply for a
        licence personally; or

   (c)  was, at the time of the making of the determination, the subject of a
        charge pending in relation to a serious offence.

(6) An application for a licence made by a partnership or a body corporate
must be refused if it appears to the Authority that-

   (a)  a person concerned in the management of the partnership or body
        corporate has not attained the age of 18 years; or

   (b)  the partnership or body corporate is disqualified from holding a
        licence under this Act or an Act providing for the licensing of motor
        car traders in any other State or in a Territory; or

   (ba) in the case of a body corporate, the applicant is an
        externally-administered body corporate; or





   (bb) in the case of a partnership, any of the partners is an insolvent
        under administration; or

   (c)  the partnership or body corporate does not have, or is not likely to
        continue to have, sufficient financial resources to enable it to carry
        on the business of trading in motor cars proposed by the partnership
        or body corporate; or

   (d)  the partnership or body corporate is not likely to carry on such a
        business honestly and fairly; or

   (e)  the partners or officers of the partnership or body corporate are such
        that it would not have sufficient expertise or knowledge of this Act
        and regulations to enable it to carry on such a business; or

   (f)  the reputation of the partnership or body corporate is such that it
        would not be a fit and proper person to be a licensee; or

   (g)  in the case of a body corporate, an officer of the body corporate is
        disqualified from being an officer of a body corporate that is a
        licensee; or

   (h)  a partner or director of, or a person concerned in the management of,
        the partnership or body corporate is not of good reputation or
        character or in any other way would not be a fit and proper person to
        be a licensee if the partner, director or person were to apply for the
        licence personally; or

        (i)    in the case of a body corporate, any person (other than an
               officer of the body corporate) who, in the opinion of the
               Authority, appears to have control, or substantial control, of
               the body corporate is not of good reputation and character or
               is not likely to exercise that control honestly and fairly; or

   (j)  the partnership or body corporate does not have, or is not likely to
        have, premises in which it can lawfully carry on such a business;

   (k)  the partnership or body corporate is not likely to maintain effective
        control of such a business;

   (l)  a partner or director of, or a person concerned in the management of,
        the partnership or body corporate-

   (i)  is a represented person within the meaning of the Guardianship and
        Administration Board Act 1986; or

   (ii) has been convicted or been found guilty of a serious offence (whether
        or not a conviction was recorded) (unless she, he or it has obtained
        permission under section 29B); or

   (iii) has had a claim admitted against the Fund (unless she, he or it has
        obtained permission under section 29A); or

   (iiia) is or was a partner or director of, or a person concerned in the
        management of, another partnership or body corporate that has had a
        claim admitted against the Fund in relation to an act or omission that
        occurred at the time the person was a partner or director of, or a
        person concerned in the management of, the partnership or body
        corporate (unless the person has obtained permission under section
        29A); or

   (iv) is disqualified from holding a licence; or

   (m)  the body corporate has been convicted or been found guilty of a
        serious offence (whether or not a conviction was recorded) (unless it
        has obtained permission under section 29B);

   (n)  the partnership or body corporate has had a claim admitted against the
        Fund (unless it has obtained permission under section 29A).



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(9) If the Authority refuses an application for a licence, the Authority must-

   (a)  notify the applicant in writing of the refusal within 14 days after
        the refusal; and

   (b)  if the application was accompanied by the first annual fee for the
        licence, refund the fee to the applicant, as soon as practicable.

(9A) The notice of refusal must specify the ground under this section for
refusal of the application.



(10) If the Authority grants a licence-

   (a)  the Authority must notify the applicant in writing of that decision as
        soon as practicable; and

   (b)  the Registrar must not issue the licence under section 18 unless the
        prescribed annual fee for each place where the applicant carries on or
        proposes to carry on business is, or has been, paid to the Authority.

(11) Subject to this Act, a licence issued under section 18 authorises the
motor car trader to whom it has been granted to be, and to act, as a motor car
trader until the licence is surrendered, suspended or cancelled.