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Motor Dealers and Chattel Auctioneers Act 2014
sec.161Costs of criminal history report
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### sec.161 Costs of criminal history report
The chief executive may require an applicant mentioned in section 156 (1) or a motor salesperson to pay the reasonable, but no more than actual, costs of obtaining a criminal history report under section 159 for the applicant or motor salesperson.
The requirement is a criminal history costs requirement .
The chief executive may notify the applicant or motor salesperson of the requirement to pay a criminal history costs requirement—
in the approved form; or
on the department’s website; or
in a written notice given by the chief executive to the applicant or motor salesperson.
If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or motor salesperson, the notice must include a requirement for the costs to be paid within a stated reasonable period.
The applicant or motor salesperson is taken to have withdrawn the application for which the criminal history report was requested if, within the stated reasonable period, the applicant or motor salesperson fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.
The chief executive must refund to the applicant an amount paid under the requirement if—
the chief executive refuses the application without asking for the report; or
the applicant or motor salesperson withdraws the application before the chief executive asks for the report.
In this section—
applicant includes proposed applicant.
(sec.161-ssec.1) The chief executive may require an applicant mentioned in section 156 (1) or a motor salesperson to pay the reasonable, but no more than actual, costs of obtaining a criminal history report under section 159 for the applicant or motor salesperson.
(sec.161-ssec.2) The requirement is a criminal history costs requirement .
(sec.161-ssec.3) The chief executive may notify the applicant or motor salesperson of the requirement to pay a criminal history costs requirement— in the approved form; or on the department’s website; or in a written notice given by the chief executive to the applicant or motor salesperson.
(sec.161-ssec.4) If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or motor salesperson, the notice must include a requirement for the costs to be paid within a stated reasonable period.
(sec.161-ssec.5) The applicant or motor salesperson is taken to have withdrawn the application for which the criminal history report was requested if, within the stated reasonable period, the applicant or motor salesperson fails to comply with the chief executive’s requirement to pay the criminal history costs requirement.
(sec.161-ssec.6) The chief executive must refund to the applicant an amount paid under the requirement if— the chief executive refuses the application without asking for the report; or the applicant or motor salesperson withdraws the application before the chief executive asks for the report.
(sec.161-ssec.7) In this section— applicant includes proposed applicant.
- (a) in the approved form; or
- (b) on the department’s website; or
- (c) in a written notice given by the chief executive to the applicant or motor salesperson.
- (a) the chief executive refuses the application without asking for the report; or
- (b) the applicant or motor salesperson withdraws the application before the chief executive asks for the report.