Consumer Affairs and Fair Trading Act 1990
141Annual fee and return
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141 Annual fee and return (1) A licensed dealer must, not later than the prescribed date in each year: (a) pay to the Director the prescribed annual licence fee; and (b) lodge with the Director an annual return in the approved form. (2) Where a dealer fails to pay the annual licence fee or lodge the annual return in accordance with subsection (1), the Director may, by notice in writing to the dealer, require the dealer to make good the default and, in addition, to pay to the Director the amount (if any) prescribed as a penalty for default. (3) Where a dealer fails to comply with a notice under subsection (2) within 14 days after service of the notice, the dealer's licence shall, by force of this subsection, be suspended until the dealer complies with the notice. (4) The Director must cause notice of a suspension under subsection (3) (being notice in the approved form) to be published in a newspaper circulating throughout the Territory.
Subdivision B Duration and operation of licence, annual fee and return Consumer Affairs and Fair Trading Act 1990 62 (5) Where a licence has been suspended by virtue of subsection (3) for a continuous period of 6 months, the licence shall, by force of this subsection, be cancelled. (6) A dealer shall not in, or in relation to, any information in an annual return lodged pursuant to subsection (1)(b) make a statement that is false or misleading by reason of the inclusion therein of any false or misleading matter or the omission therefrom of any material matter. (7) It is a defence to a prosecution of a person for an offence against subsection (6) if the person proves that, when the information was provided, the person: (a) believed on reasonable grounds that the false matter was true; or (b) believed on reasonable grounds that the misleading matter was not misleading; or (c) in the case of an omission: (i) believed on reasonable grounds that no material matter had been omitted; or (ii) did not know that the omitted matter was material. 142 Licence not transferable A licence is not transferable. 143 Surrender of licence A dealer may surrender his or her licence by notice in writing to the 144 Death of licensed dealer (1) If a licensed dealer dies, a person who is, or who is named as, or who intends to apply to become, a legal personal representative of the deceased dealer may, within 28 days after the death or a longer period allowed by the Director, apply to the Director to be allowed to carry on the deceased dealer's business as a dealer during:
Consumer Affairs and Fair Trading Act 1990 63 (a) the period that commences with the date of the death and ends 6 months later; or (b) the period that commences with the date of the death and ends immediately before the next anniversary of the date on which the licence was granted; whichever is the longer. (2) The Director may grant or refuse an application under subsection (1) and, where the Director grants the application, may impose such conditions as the Director thinks fit, being conditions subject to which the business to which the application relates may be carried on. (3) A person authorised under this section to carry on the business of a deceased dealer shall, subject to this Part and any conditions imposed under subsection (2), be deemed to be, while so authorised, the holder of the deceased dealer's licence. (4) Where, under subsection (2), the Director imposes conditions subject to which a person is authorised to carry on the business to which a licence relates, the person shall, on being required by the Director to do so within a specified time, produce the licence to the Director within that time for endorsement of the conditions.