QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.19Particular persons can not make application
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### sec.19 Particular persons can not make application
A person who is a disqualified person can not make an application for a licence during the period for which the person is disqualified.
A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale—
no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the applicant corporation; and
no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the applicant corporation.
If a person applies for a licence and the chief executive decides to refuse to issue the licence, the person can not make another application for a licence of that type—
for 3 months after the day the chief executive gives the person the information notice about the decision; or
if the person applies to QCAT to review the decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
Subsection (3) does not apply if—
the person is a corporation; and
the person satisfies the chief executive that, because of a genuine sale—
no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
In this section—
disqualified person means a person who is—
disqualified from holding a licence as a consequence of an order made by QCAT under section 199 or by a court under section 229 ; or
subject to a relevant control order.
s 19 amd 2016 No. 62 s 220
(sec.19-ssec.1) A person who is a disqualified person can not make an application for a licence during the period for which the person is disqualified.
(sec.19-ssec.2) A corporation that was the holder of a licence that was cancelled can not make an application for a licence unless the corporation satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the applicant corporation; and no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the applicant corporation.
(sec.19-ssec.3) If a person applies for a licence and the chief executive decides to refuse to issue the licence, the person can not make another application for a licence of that type— for 3 months after the day the chief executive gives the person the information notice about the decision; or if the person applies to QCAT to review the decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
(sec.19-ssec.4) Subsection (3) does not apply if— the person is a corporation; and the person satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
(sec.19-ssec.5) In this section— disqualified person means a person who is— disqualified from holding a licence as a consequence of an order made by QCAT under section 199 or by a court under section 229 ; or subject to a relevant control order.
- (a) no person who was a shareholder of, or held a beneficial interest in, the corporation when the licence was cancelled is a shareholder of, or holds a beneficial interest in, the applicant corporation; and
- (b) no person who was in a position to control or influence the affairs of the corporation when the licence was cancelled is in a position to control or influence the affairs of the applicant corporation.
- (a) for 3 months after the day the chief executive gives the person the information notice about the decision; or
- (b) if the person applies to QCAT to review the decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
- (a) the person is a corporation; and
- (b) the person satisfies the chief executive that, because of a genuine sale— (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (a) disqualified from holding a licence as a consequence of an order made by QCAT under section 199 or by a court under section 229 ; or
- (b) subject to a relevant control order.