13Grant or refusal of licence

13 Grant or refusal of licence S. 13(1) substituted by No. 52/1998 s. 146(1). (1) The Authority must grant a licence to an applicant if it is satisfied that— (a) the application complies with this Act; and (b) the prescribed fee for the application has been paid; and (c) any required information has been provided by the applicant under section 12; and (d) there are no grounds for refusal of the application under subsection (4) or (6). S. 13(2) substituted by No. 52/1998 s. 146(1). (2) The Authority must refuse an application for a licence if it is satisfied that— (a) the application does not comply with this Act; or (b) the prescribed fee for the application has not been paid; or (c) any required information has not been provided by the applicant under section 12; or (d) a ground for refusal of the application exists under subsection (4) or (6). S. 13(3) substituted by No. 52/1998 s. 146(1), amended by No. 4/2008 s. 7(1). (3) The Authority is not required to conduct an oral hearing to determine whether to grant a licence or refuse an application for a licence. (4) An application for a licence made by a natural person must be refused if it appears to the Authority— (a) the applicant has not attained the age of 18 years; or S. 13(4)(b) substituted by Nos 74/1996 s. 7(1)(a), 52/1998 s. 146(2). (b) the applicant is disqualified from holding a licence under this Act or an Act providing for the licensing of motor car traders in any other State or in a Territory; or S. 13(4)(c) substituted by No. 74/1996 s. 7(1)(a). (c) the applicant is an insolvent under administration; or (d) the applicant does not have, or is not likely to continue to have, sufficient financial resources to carry on the business of trading in motor cars proposed by the applicant; or S. 13(4)(e) amended by No. 52/1998 s. 146(3). (e) the applicant is not a person likely to carry on such a business honestly and fairly; or (f) the applicant does not have sufficient expertise or knowledge of this Act and regulations to enable the applicant to carry on such a business; or (g) the applicant is in any other way not a fit and proper person to be a licensee; or S. 13(4)(h) amended by No. 74/1996 s. 7(1)(b), substituted by No. 52/1998 s. 146(4). (h) the applicant does not have, or is not likely to have, premises in which the applicant can lawfully carry on such a business; S. 13(4)(i) inserted by No. 74/1996 s. 7(1)(b). (i) the applicant is not likely to maintain effective control of such a business; or S. 13(4)(j) inserted by No. 74/1996 s. 7(1)(b). (j) the applicant is a director or officer of a corporation that is disqualified from holding a licence or was a director or officer of such a corporation when the corporation was disqualified; or S. 13(4)(k) inserted by No. 74/1996 s. 7(1)(b), amended by No. 13/2019 s. 221(Sch. 1 item 33). (k) the applicant is a represented person within the meaning of the **Guardianship and Administration Act 2019**; or S. 13(4)(l) inserted by No. 74/1996 s. 7(1)(b), amended by No. 8/2003 s. 63. (l) the applicant has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) within the last 10 years (unless the applicant has obtained permission under section 29B); or S. 13(4)(m) inserted by No. 74/1996 s. 7(1)(b), amended by No. 4/2008 s. 7(2). (m) the applicant has had a claim admitted against the Fund (unless the applicant has obtained permission under section 29A); or S. 13(4)(n) inserted by No. 4/2008 s. 7(3). (n) the applicant is or was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate (unless the applicant has obtained permission under section 29A). S. 13(5) amended by No. 74/1996 s. 7(2)(a). (5) Without affecting the generality of subsection (4)(g) or (6)(f), the Authority may, in determining whether an applicant is not a fit and proper person to be a licensee, have regard (if such be the case) to the fact that the applicant— S. 13(5)(a) substituted by No. 74/1996 s. 7(2)(b), amended by No. 8/2003 s. 63, substituted by No. 4/2008 s. 7(4). (a) is an associate (within the meaning of section 13A) of a person— (i) who has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded); or (ii) who has had a claim admitted against the Fund; or (iii) who the Authority is satisfied would not be a fit and proper person to be a licensee if the person were to apply for a licence personally; or S. 13(5)(b) substituted by No. 74/1996 s. 7(2)(b), amended by No. 8/2003 s. 63, substituted by No. 4/2008 s. 7(4). (b) is an associate (within the meaning of section 13A) of a body corporate that has as a director or secretary a person— (i) who has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded); or (ii) who has had a claim admitted against the Fund; or (iii) who the Authority is satisfied would not be a fit and proper person to be a licensee if the director or secretary were to apply for a licence personally; or S. 13(5)(c) substituted by No. 74/1996 s. 7(2)(b). (c) was, at the time of the making of the determination, the subject of a charge pending in relation to a serious offence. (6) An application for a licence made by a partnership or a body corporate must be refused if it appears to the Authority that— (a) a person concerned in the management of the partnership or body corporate has not attained the age of 18 years; or (b) the partnership or body corporate is disqualified from holding a licence under this Act or an Act providing for the licensing of motor car traders in any other State or in a Territory; or S. 13(6)(ba) inserted by No. 52/1998 s. 146(5), amended by No. 101/1998 s. 8(2)(a). (ba) in the case of a body corporate, the applicant is an externally-administered body corporate; or S. 13(6)(bb) inserted by No. 52/1998 s. 146(5). (bb) in the case of a partnership, any of the partners is an insolvent under administration; or (c) the partnership or body corporate does not have, or is not likely to continue to have, sufficient financial resources to enable it to carry on the business of trading in motor cars proposed by the partnership or body corporate; or S. 13(6)(d) amended by No. 52/1998 s. 146(6). (d) the partnership or body corporate is not likely to carry on such a business honestly and fairly; or (e) the partners or officers of the partnership or body corporate are such that it would not have sufficient expertise or knowledge of this Act and regulations to enable it to carry on such a business; or (f) the reputation of the partnership or body corporate is such that it would not be a fit and proper person to be a licensee; or (g) in the case of a body corporate, an officer of the body corporate is disqualified from being an officer of a body corporate that is a licensee; or (h) a partner or director of, or a person concerned in the management of, the partnership or body corporate is not of good reputation or character or in any other way would not be a fit and proper person to be a licensee if the partner, director or person were to apply for the licence personally; or (i) in the case of a body corporate, any person (other than an officer of the body corporate) who, in the opinion of the Authority, appears to have control, or substantial control, of the body corporate is not of good reputation and character or is not likely to exercise that control honestly and fairly; or S. 13(6)(j) amended by No. 74/1996 s. 7(3), substituted by No. 52/1998 s. 146(7). (j) the partnership or body corporate does not have, or is not likely to have, premises in which it can lawfully carry on such a business; S. 13(6)(k) inserted by No. 74/1996 s. 7(3). (k) the partnership or body corporate is not likely to maintain effective control of such a business; S. 13(6)(l) inserted by No. 74/1996 s. 7(3). (l) a partner or director of, or a person concerned in the management of, the partnership or body corporate— S. 13(6)(l)(i) amended by No. 13/2019 s. 221(Sch. 1 item 33). (i) is a represented person within the meaning of the **Guardianship and Administration Act 2019**; or S. 13(6)(l)(ii) amended by No. 8/2003 s. 63. (ii) has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless she, he or it has obtained permission under section 29B); or (iii) has had a claim admitted against the Fund (unless she, he or it has obtained permission under section 29A); or S. 13(6)(l)(iiia) inserted by No. 4/2008 s. 7(5). (iiia) is or was a partner or director of, or a person concerned in the management of, another partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate (unless the person has obtained permission under section 29A); or (iv) is disqualified from holding a licence; or S. 13(6)(m) inserted by No. 74/1996 s. 7(3)*,* amended by No. 8/2003 s. 63. (m) the body corporate has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless it has obtained permission under section 29B); S. 13(6)(n) inserted by No. 74/1996 s. 7(3). (n) the partnership or body corporate has had a claim admitted against the Fund (unless it has obtained permission under section 29A). S. 13(7) amended by No. 74/1996 s. 7(4)(a)(b), repealed by No. 52/1998 s. 146(8). S. 13(8) repealed by No. 52/1998 s. 146(8). S. 13(9) substituted by No. 52/1998 s. 146(9). (9) If the Authority refuses an application for a licence, the Authority must— (a) notify the applicant in writing of the refusal within 14 days after the refusal; and (b) if the application was accompanied by the first annual fee for the licence, refund the fee to the applicant, as soon as practicable. S. 13(9A) inserted by No. 52/1998 s. 146(10). (9A) The notice of refusal must specify the ground under this section for refusal of the application. S. 13(10) substituted by No. 52/1998 s. 146(11). (10) If the Authority grants a licence— (a) the Authority must notify the applicant in writing of that decision as soon as practicable; and (b) the Registrar must not issue the licence under section 18 unless the prescribed annual fee for each place where the applicant carries on or proposes to carry on business is, or has been, paid to the Authority. S. 13(11) inserted by No. 74/1996 s. 7(5), amended by No. 52/1998 s. 146(12). (11) Subject to this Act, a licence issued under section 18 authorises the motor car trader to whom it has been granted to be, and to act, as a motor car trader until the licence is surrendered, suspended or cancelled. S. 13A inserted by No. 74/1996 s. 8.