Conveyancers Licensing Act 2003
132Grounds for disciplinary action
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132 Grounds for disciplinary action
132 Grounds for disciplinary action
(1) Disciplinary action under this Part can be taken against a person who is or was the holder of a licence on any one or more of the following grounds—
(a) the person has contravened a provision of this Act or any other Act administered by the Minister (including any provision of the Australian Consumer Law (NSW)), or the regulations under any such Act, whether or not the person has been prosecuted or convicted of an offence in respect of the contravention,
(a1) the person has, in respect of the person’s conduct of business or exercise of functions under the licence, contravened the Competition and Consumer Act 2010 of the Commonwealth,
(b) the person has failed to observe any rules of conduct prescribed by the regulations under section 22,
(c) the person has contravened a condition of the licence,
(d) the person is a disqualified person or is otherwise not eligible under section 8 to hold a licence,
(e) the person is not a fit and proper person to be involved in the direction, management or conduct of the business of a licensee,
(f) without limiting paragraphs (d) and (e), the person is (because of physical or mental illness or infirmity) unfit to carry out conveyancing work and it is in the public interest that disciplinary action be taken,
(g) the person has failed to pay any part of a contribution or levy that is due and payable under section 89,
(h) the person has breached an undertaking given by the person to the Secretary under this Act or the Fair Trading Act 1987, in respect of the person’s conduct of business or exercise of functions under the licence,
(i) the person has failed to comply with a direction given to the person by the Secretary pursuant to the taking of disciplinary action under this Part,
(j) the person has failed to pay a monetary penalty imposed on the person by the Secretary pursuant to the taking of disciplinary action under this Part,
(k) the issue of the person’s licence was obtained by fraud or mistake,