68Applications for disciplinary action

68 Applications for disciplinary action (1) The Commissioner of Police may apply, by notice in writing lodged with the Registrar, for disciplinary action to be taken against a licensed agent on one or more of the grounds referred to in section 67. (2) The Registrar may apply, by notice in writing, for disciplinary action to be taken against a licensed agent on one or more of the grounds referred to in section 67. (3) Any person may apply, by notice in writing lodged with the Registrar, for disciplinary action to be taken against a licensed agent on one or more of the grounds referred to in section 67. (4) Where: (a) subject to subsection (5), an application for disciplinary action to be taken against a licensed agent is lodged in accordance with this section; or

Agents Licensing Act 1979 51 (b) the Board considers that there may be grounds under section 67 for disciplinary action to be taken against a licensed agent, the Board shall hold an inquiry. (5) The Board may, without holding an inquiry, reject an application for disciplinary action to be taken against a licensed agent where: (a) the application was made under subsection (3) and is, in the opinion of the Board, of a frivolous, irrelevant or malicious nature; or (b) the application was made (by virtue of section 67(1)(c)) in respect of a breach of section 59(1) and the Board is satisfied that the licensed agent has, or would have, a defence to a prosecution for an offence against that subsection; or (c) the Board is satisfied that there are no grounds for holding, or there is insufficient evidence to hold, an inquiry; or (d) the conduct referred to in the application occurred more than 2 years before the date the application is made. (5A) Despite subsection (5)(d), the Board may hold the inquiry if the Board is satisfied there are grounds to hold the inquiry. (6) Where a notice of application for disciplinary action to be taken against a licensed agent is lodged with the Registrar in accordance with this section, the Registrar shall, as soon as is reasonably practicable, serve a copy of that notice on the licensed agent in respect of whom the application is made.