Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 29A

Person involved in Guarantee Fund claim may regain licence etc. in special circumstances

29A. Person involved in Guarantee Fund claim may regain licence etc. in
special circumstances





(1) This section applies to-

   (a)  a person in relation to whom a claim has been admitted against the
        Fund; or

   (b)  a person whose licence is subject to automatic suspension under
        section 29.

(1A) For the purposes of this section, person includes a partnership.





(2) The person may apply to the Authority-

   (a)  to prevent a suspension under section 29 from taking effect or for the
        removal of a suspension under that section; or

   (b)  for permission to hold, or to continue to hold, a licence; or

   (c)  for permission to be employed as an employee of a motor car trader in
        a customer service capacity (within the meaning of section 35A); or

   (d)  for permission to be a partner or director of, or a person concerned
        in the management of, a motor car trader.

(2A) An application under this section must be in the form approved by the
Authority and contain any information and be accompanied by any documents
required by the Authority.

(2B) In considering an application under this section, the Authority may-

   (a)  conduct any inquiries it thinks fit;

   (b)  require the applicant to provide any further information that the
        Authority thinks fit in the manner required by the Authority;

   (c)  seek advice and information on the application from any other person
        or body as it thinks fit.

(2C) The Authority may refuse to give its permission if the applicant does not
provide the further information required, or his or her consent for the
Authority to obtain that information, within a reasonable time after the
requirement is made.

(3) Subject to subsection (4), the Authority may grant the application if it
is satisfied-

   (a)  that either-

   (i)  the person has refunded all amounts paid out of the Fund in respect of
        the claim; or

   (ii) the person has agreed to refund all amounts paid out of the Fund in
        respect of the claim; and

   (b)  that having regard to the conduct of the person before and after the
        claim, there is no reasonable expectation that the person will not
        comply with this Act and the regulations in future; and

   (c)  that the granting of the application is not contrary to the public
        interest.

(4) The Authority may grant an application by a partnership or body corporate
whose licence would otherwise be suspended under section 29(1B) if the
Authority is satisfied that the granting of the application is not contrary to
the public interest.