Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 31

Determination of disciplinary measures by Tribunal

31. Determination of disciplinary measures by Tribunal





(1) After conducting an inquiry, if the Tribunal is satisfied that there are
grounds for taking action under this section against a licensee, the Tribunal
may do one or more of the following-

   (a)  reprimand the licensee;

   (b)  order the licensee to pay into the Fund a penalty of up to $5000;



   (c)  require the licensee to comply within, or for, a specified time with a
        requirement specified by the Tribunal;

   (d)  suspend the licensee's licence for a specified period not exceeding 1
        year;

   (e)  require the licensee to enter into an undertaking to perform, or not
        to perform, certain tasks to be specified in the undertaking;

   (f)  impose a condition or restriction on the licensee's licence;

   (g)  if the ground for taking action under this section involved one or
        more people losing money, order the licensee to pay compensation to
        one or more of those people, but not so that the total amount the
        licensee must pay under this paragraph is more than $5000.

(2) As an alternative to taking action under one or more of subsections
(1)(a), (b), (c), (d) and (f), the Tribunal may cancel the licensee's licence
and disqualify the licensee (and any partner or director of the licensee) from
holding a licence either permanently or for a specified period.

(2A) If the Tribunal orders the payment of an amount under subsection (1)(b)
or (g)-

   (a)  it may order that the amount be paid by a specified date; and

   (b)  if the amount is not paid by that date, it may suspend the licence
        until the amount is paid and set a final payment date; and

   (c)  if the amount has not been paid by that final payment date, it may
        cancel the licence; and

   (d)  it may extend any period of time it sets under paragraph (a) or (b) at
        any time.

(2B) The Tribunal may suspend or cancel a licence under subsection (2A)
without giving the licensee a chance to be heard.





(3) If the Tribunal cancels or suspends a licence, the cancellation or
suspension takes effect on and from such date as is determined by the
Authority.

(4) If under subsection (1)(c), the Tribunal requires a licensee to comply
with a requirement specified by it, the licensee must comply with the
requirement within, or for, the time specified by the Tribunal under that
paragraph.