246ATemporary disqualification from obtaining licence

### 246A Temporary disqualification from obtaining licence > [*\[Section 246A Inserted by No. 7 of 2007, s. 68, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS68@EN) > > > (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)](#GS246A@Gs3@EN) ; and > > > > > > > (b) in accordance with [Division 5](#HP4@HD5@EN) of [Part 4](#HP4@EN) . > > > (5)  For the purposes of [section 82](#GS82@EN) , a person who is obligated to transfer a licence by [subsection (4)](#GS246A@Gs4@EN) 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)](#GS246A@Gs4@EN) , the Minister must suspend the licence until the expiration of the person's 5-year period of disqualification. > > > (7)  In this section – > > > > > ***associate***, of the transferor of a licence, has the same meaning as in [section 82](#GS82@EN) .