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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.