246ATemporary disqualification from obtaining licence

246A Temporary disqualification from obtaining licence

[Section 246A Inserted by No. 7 of 2007, s. 68, Applied:30 Apr 2007]

(1)  The following are disqualified, for a period of 5 years, from obtaining or holding a licence:

(a) a person to whom 200 or more demerit points have been allocated in any 5-year period;

(b) a person who is or has been a partner in a partnership or a major shareholder in a body corporate to which 200 or more demerit points have been allocated in any 5-year period;

(c) a partnership or body corporate which has or had a partner or major shareholder –

(i) to whom 200 or more demerit points have been allocated in any 5-year period; or

(ii) who has been a partner of another partnership or major shareholder in another body corporate to which 200 or more demerit points have been allocated in any 5-year period.

(2)  A major shareholder is a person who holds more than 10% of the issued shares in a body corporate.

(3)  The Secretary, by notice in writing, must notify a person of –

(a) any disqualification under this section; and

(b) the date on which the disqualification takes effect.

(4)  A person is to transfer, to a person other than their associate, a licence to which a disqualification under this section relates –

(a) within 6 months after receipt of a notice under subsection (3) ; and

(b) in accordance with Division 5 of Part 4 .

(5)  For the purposes of section 82 , a person who is obligated to transfer a licence by subsection (4) is taken to remain the holder of that licence until the transfer is effected.

(6)  If a person fails to transfer a licence pursuant to subsection (4) , the Minister must suspend the licence until the expiration of the person's 5-year period of disqualification.