Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 30A

Authority may temporarily suspend insolvent etc. trader without hearing

30A. Authority may temporarily suspend insolvent etc. trader without hearing





(1) If an application for an inquiry includes a ground based on section
30(2)(c), the Director may apply to the Tribunal in writing for the temporary
suspension of the licensee's licence.

(2) A presidential member of the Tribunal may suspend the licence for a period
of up to 14 days if she or he is satisfied that there are grounds for
believing that the licensee does not have sufficient financial resources to
enable the licensee to continue carrying on the business to which the licence
relates.

(3) A presidential member of the Tribunal may suspend the licence without
giving the licensee a chance to be heard and even though the licensee has not
been given notice of either application.

(4) If a presidential member of the Tribunal considers an application under
this section, she or he must not take part in the related inquiry under
section 30.





(5) The Tribunal may-

   (a)  continue a suspension imposed under subsection (3) until the end of
        the inquiry; or

   (b)  re-impose (from a date specified by the Tribunal) a suspension on a
        licence formerly suspended under subsection (3) until the end of the
        inquiry; or

   (c)  revoke a suspension imposed under subsection (3).

(6) The principal registrar of the Tribunal must notify the licensee in
writing of any suspension imposed under this section as quickly as possible.