QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.180Immediate suspension
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### sec.180 Immediate suspension
This section applies if the chief executive believes, on reasonable grounds, that—
a motor salesperson’s registration certificate, or a renewal or restoration of the registration certificate, was obtained because of materially incorrect or misleading information; or
both—
an irregularity or deficiency exists in a motor dealer’s trust account; and
a motor salesperson employed by the motor dealer may be responsible for the irregularity or deficiency; or
a motor salesperson—
has contravened or is contravening this Act or the Administration Act ; or
has contravened PAMDA ; or
is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .
The chief executive may suspend the motor salesperson’s registration certificate, whether or not disciplinary proceedings have been started under this Act.
The certificate may be suspended for the period, of not more than 28 days, and on the conditions the chief executive decides.
The chief executive must give the motor salesperson an information notice about the decision to suspend the motor salesperson’s registration within 14 days after the suspension.
The motor salesperson must return the certificate to the chief executive within 14 days after the motor salesperson receives the notice, unless the motor salesperson has a reasonable excuse.
Maximum penalty for subsection (5) —100 penalty units.
(sec.180-ssec.1) This section applies if the chief executive believes, on reasonable grounds, that— a motor salesperson’s registration certificate, or a renewal or restoration of the registration certificate, was obtained because of materially incorrect or misleading information; or both— an irregularity or deficiency exists in a motor dealer’s trust account; and a motor salesperson employed by the motor dealer may be responsible for the irregularity or deficiency; or a motor salesperson— has contravened or is contravening this Act or the Administration Act ; or has contravened PAMDA ; or is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .
(sec.180-ssec.2) The chief executive may suspend the motor salesperson’s registration certificate, whether or not disciplinary proceedings have been started under this Act.
(sec.180-ssec.3) The certificate may be suspended for the period, of not more than 28 days, and on the conditions the chief executive decides.
(sec.180-ssec.4) The chief executive must give the motor salesperson an information notice about the decision to suspend the motor salesperson’s registration within 14 days after the suspension.
(sec.180-ssec.5) The motor salesperson must return the certificate to the chief executive within 14 days after the motor salesperson receives the notice, unless the motor salesperson has a reasonable excuse. Maximum penalty for subsection (5) —100 penalty units.
- (a) a motor salesperson’s registration certificate, or a renewal or restoration of the registration certificate, was obtained because of materially incorrect or misleading information; or
- (b) both— (i) an irregularity or deficiency exists in a motor dealer’s trust account; and (ii) a motor salesperson employed by the motor dealer may be responsible for the irregularity or deficiency; or
- (i) an irregularity or deficiency exists in a motor dealer’s trust account; and
- (ii) a motor salesperson employed by the motor dealer may be responsible for the irregularity or deficiency; or
- (c) a motor salesperson— (i) has contravened or is contravening this Act or the Administration Act ; or (ii) has contravened PAMDA ; or (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .
- (i) has contravened or is contravening this Act or the Administration Act ; or
- (ii) has contravened PAMDA ; or
- (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .
- (i) an irregularity or deficiency exists in a motor dealer’s trust account; and
- (ii) a motor salesperson employed by the motor dealer may be responsible for the irregularity or deficiency; or
- (i) has contravened or is contravening this Act or the Administration Act ; or
- (ii) has contravened PAMDA ; or
- (iii) is likely or proposing to engage in conduct that would contravene this Act or the Administration Act .