Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 35A

Prohibited employees

35A. Prohibited employees



(1) A motor car trader must not employ in any customer service capacity in
connection with her, his or its business any person who the motor car trader
knows-

   (a)  has had a claim admitted against the Fund (unless the person has
        obtained permission under section 29A);

   (ab) is or was a partner or director of, or a person concerned in the
        management of, a partnership or body corporate that has had a claim
        admitted against the Fund in relation to an act or omission that
        occurred at the time the person was a partner or director of, or a
        person concerned in the management of, the partnership or body
        corporate (unless the person has obtained permission under section
        29A);

   (b)  has, within the last 10 years, been convicted or been found guilty of
        a serious offence (whether or not a conviction was recorded) (unless
        the person has obtained permission under section 29B);

   (c)  is for the time being disqualified from holding a licence;

   (d)  is for the time being disqualified from being employed in any capacity
        in connection with the business of a motor car trader (regardless of
        whether or not motor car traders are referred to by that name in the
        relevant jurisdiction).



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Penalty: 100 penalty units.

(2) A person who is not permitted to be employed in a customer service
capacity by a motor car trader by this section must not participate in a
customer service capacity in the business of a motor car trader.

Penalty: 100 penalty units.

(3) A motor car trader must not employ any person in any customer service
capacity in connection with the motor car trader's business unless the motor
car trader has been given a notice in the prescribed form that contains a
declaration of the person stating whether or not he or she-

   (a)  has had a claim admitted against the Fund;

   (b)  is or was a partner or director of, or a person concerned in the
        management of, a partnership or body corporate that has had a claim
        admitted against the Fund in relation to an act or omission that
        occurred at the time the person was a partner or director of, or a
        person concerned in the management of, the partnership or body
        corporate;

   (c)  has, within the last 10 years, been convicted or found guilty of a
        serious offence (whether or not a conviction was recorded);

   (d)  is for the time being disqualified from holding a licence;

   (e)  is for the time being disqualified from being employed in any capacity
        in connection with the business of a motor car trader (regardless of
        whether or not motor car traders are referred to by that name in the
        relevant jurisdiction);

   (f)  has obtained permission under section 29A or 29B in relation to a
        matter referred to in paragraphs (a) to (c).

Penalty: 50 penalty units.

(4) A person is disqualified from being employed in a customer service
capacity in connection with a motor car trader's business unless the person
gives the motor car trader-

   (a)  before starting employment, a police check that is not more than 6
        months old; or

   (b)  within 6 weeks after starting employment, a police check that is not
        more than 6 weeks old.

(5) In this section-

customer service capacity means any position that requires the holder of the
position to deal with members of the public who are buying, selling or
exchanging motor cars or who are seeking to buy, sell or exchange motor cars;
police check means a certificate from the Chief Commissioner of Police that
indicates that the person is not ineligible to be employed by a motor car
trader in a customer service capacity under subsection (1)(b).