Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 30

Disciplinary action

30. Disciplinary action







(1) The Director or the Chief Commissioner of Police may apply at any time to
the Tribunal to conduct an inquiry to determine whether there are grounds for
taking action under section 31 against a licensee.

(2) There are grounds for taking action under section 31 against a licensee
if-

   (a)  the licensee improperly obtained her, his or its licence; or

   (b)  the licensee has failed to comply with this Act or the regulations; or

   (c)  the licensee does not have, or is not likely to have, sufficient
        financial resources to enable the licensee to continue carrying on the
        business to which the licence relates; or

   (d)  the licensee's motor car trading business is being carried on in a
        dishonest, unfair or inefficient manner; or

   (e)  the licensee or a partner, director or officer of the licensee has
        engaged in discreditable conduct; or

   (f)  the licensee or a partner or director of the licensee or a person
        concerned in the management of the licensee is not, or has ceased to
        be, a fit and proper person to be a licensee or a partner or director
        of a licensee; or

   (g)  the premises of the licensee are not suitable to carry on the business
        of trading in motor cars; or

   (h)  the effective control of the business to which the licence relates is
        not, or is unlikely to remain, with the licensee; or

        (i)    the licensee would be refused a licence under section 13(4) or
               (6) for any other reason if the licensee were to apply for a
               new licence.

(3) If an application for an inquiry is lodged, the principal registrar of the
Tribunal must-

   (a)  send a copy of the application to the licensee; and

   (b)  advise the licensee and the person making the application in writing
        of when and where the inquiry will be held.





(4) An inquiry must not start within 30 days of the date the application for
the inquiry is lodged unless-

   (a)  the person who lodged the application, or the licensee, applies to the
        Tribunal for the inquiry to be started within that time; and

   (b)  the Tribunal is satisfied that there are exceptional circumstances.