50AOffence to aid or abet an unlicensed trader

50A Offence to aid or abet an unlicensed trader S. 50A(1) amended by No. 4/2008 s. 15. (1) A person must not— (a) in the course of carrying on a business, provide any person who is not a licensed motor car trader with motor cars that the person knows are likely to be disposed of in a manner that constitutes trading in motor cars by the unlicensed person; or (b) in any other way cause or permit or aid or abet any person who is not a licensed motor car trader to carry on business as a motor car trader. (2) In any proceedings against a licensee for an offence under subsection (1)(b), proof that an unlicensed person— (a) had possession of the licensee's licence; or (b) represented herself, himself or itself as the holder of the licensee's licence with the knowledge of the licensee— is evidence that the licensee permitted the unlicensed person to carry on business as a motor car trader. (3) It is a defence to a charge against a licensee under subsection (1)(b) if the licensee shows— (a) that she, he or it took all reasonable steps to prevent an unlicensed person from carrying on business under her, his or its licence; or (b) that she, he or it did not know, and could not reasonably have been expected to know, that the unlicensed person was representing herself, himself or itself as the holder of the licensee's licence. S. 50A(4) amended by No. 37/2014 s. 10(Sch. item 114.2). (4) The Director, an inspector or a police officer may give a written notice to a person stating that, in the opinion of the author of the notice, motor cars are likely to be disposed of in a manner that constitutes trading in motor cars by an unlicensed person if motor cars are provided to the unlicensed person. (5) A person has the knowledge referred to in subsection (1)(a) if, at any time before providing particular motor cars, she, he or it was given a notice under subsection (4). (6) If a licensee is convicted of an offence against this section, her, his or its licence is automatically cancelled— (a) 30 days after the conviction; or S. 50A(6)(b) amended by No. 68/2009 s. 97(Sch. item 88.1). (b) if the licensee appeals against the conviction under section 254 or 272 of the **Criminal Procedure Act 2009** within 30 days of the conviction— (i) on the day after the appeal is abandoned; or (ii) on the day after the appeal is dismissed or struck out. (7) In addition to any other penalty a court may impose on finding a licensee guilty of an offence against this section, the court may order that the licensee be disqualified from holding a licence either permanently, or for a specified period. S. 50B inserted by No. 74/1996 s. 30.