Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 28

Automatic cancellation of licence on bankruptcy etc.

28. Automatic cancellation of licence on bankruptcy etc.



(1) A licence is automatically cancelled if the licensee-

   (a)  becomes an insolvent under administration; or

   (b)  becomes an externally-administered body corporate; or



   (c)  becomes a represented person within the meaning of the Guardianship
        and Administration Board Act 1986.

(2) A licence is automatically cancelled 30 days after the licensee-

   (a)  is convicted or found guilty of a serious offence (whether or not a
        conviction was recorded); or

   (b)  is disqualified from holding a licence.

(3) A licence is automatically cancelled if a partner of a licensee that is a
partnership, or a director of a licensee that is a body corporate-

   (a)  is convicted or found guilty of a serious offence (whether or not a
        conviction was recorded) or is disqualified from holding a licence;
        and

   (b)  is still a partner or director of the licensee 30 days after the
        conviction or disqualification.



(4) If a person whose licence would otherwise be cancelled by subsection
(2)(a) or (3)(a) applies for permission under section 29B or 29C within the 30
day period referred to in that subsection, the person's licence is only
automatically cancelled if the application is withdrawn or is refused by the
Authority.