sec.194Grounds for starting disciplinary proceedings

### sec.194 Grounds for starting disciplinary proceedings The following are grounds for starting a disciplinary proceeding against a licensee or motor salesperson— the licensee or salesperson has been convicted of an indictable offence or an offence against this Act or the Administration Act ; the licensee or salesperson has contravened or breached— this Act; or a prescribed conduct provision; or the Administration Act ; or an undertaking given under part 8 , division 2 ; or a corresponding law; the licensee or salesperson has been disqualified from holding an authorisation, similar to a licence or registration certificate, under a corresponding law; an amount has been paid from the fund because the licensee or salesperson did, or omitted to do, something that gave rise to a claim against the fund; the licensee or salesperson fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration certificate; the licensee or salesperson has failed to comply with an order made by a court, the former tribunal or QCAT; for a licensee— the licensee is not a suitable person to hold a licence; or the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or the licensee has failed to ensure that the licensee’s employed licensees or motor salespersons, or employees under the licensee’s supervision— are properly supervised in the performance of their duties; or comply with this Act; or the licensee has failed to comply with a condition of the licensee’s licence; or the licensee is an executive officer of a corporation against whom QCAT finds grounds exist to take disciplinary action under section 199 ; or if the licensee is a corporation— an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; for a motor salesperson— the salesperson is not eligible to be employed as a motor salesperson; or the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way. The chief executive must not start a disciplinary proceeding against an executive officer under subsection (1) (g) (vi) if the chief executive is satisfied— the act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and the executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission. (sec.194-ssec.1) The following are grounds for starting a disciplinary proceeding against a licensee or motor salesperson— the licensee or salesperson has been convicted of an indictable offence or an offence against this Act or the Administration Act ; the licensee or salesperson has contravened or breached— this Act; or a prescribed conduct provision; or the Administration Act ; or an undertaking given under part 8 , division 2 ; or a corresponding law; the licensee or salesperson has been disqualified from holding an authorisation, similar to a licence or registration certificate, under a corresponding law; an amount has been paid from the fund because the licensee or salesperson did, or omitted to do, something that gave rise to a claim against the fund; the licensee or salesperson fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration certificate; the licensee or salesperson has failed to comply with an order made by a court, the former tribunal or QCAT; for a licensee— the licensee is not a suitable person to hold a licence; or the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or the licensee has failed to ensure that the licensee’s employed licensees or motor salespersons, or employees under the licensee’s supervision— are properly supervised in the performance of their duties; or comply with this Act; or the licensee has failed to comply with a condition of the licensee’s licence; or the licensee is an executive officer of a corporation against whom QCAT finds grounds exist to take disciplinary action under section 199 ; or if the licensee is a corporation— an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; for a motor salesperson— the salesperson is not eligible to be employed as a motor salesperson; or the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way. (sec.194-ssec.2) The chief executive must not start a disciplinary proceeding against an executive officer under subsection (1) (g) (vi) if the chief executive is satisfied— the act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and the executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission. - (a) the licensee or salesperson has been convicted of an indictable offence or an offence against this Act or the Administration Act ; - (b) the licensee or salesperson has contravened or breached— (i) this Act; or (ii) a prescribed conduct provision; or (iii) the Administration Act ; or (iv) an undertaking given under part 8 , division 2 ; or (v) a corresponding law; - (i) this Act; or - (ii) a prescribed conduct provision; or - (iii) the Administration Act ; or - (iv) an undertaking given under part 8 , division 2 ; or - (v) a corresponding law; - (c) the licensee or salesperson has been disqualified from holding an authorisation, similar to a licence or registration certificate, under a corresponding law; - (d) an amount has been paid from the fund because the licensee or salesperson did, or omitted to do, something that gave rise to a claim against the fund; - (e) the licensee or salesperson fraudulently or improperly obtained, or helped someone else to fraudulently or improperly obtain, a licence or registration certificate; - (f) the licensee or salesperson has failed to comply with an order made by a court, the former tribunal or QCAT; - (g) for a licensee— (i) the licensee is not a suitable person to hold a licence; or (ii) the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or (iii) the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or (iv) the licensee has failed to ensure that the licensee’s employed licensees or motor salespersons, or employees under the licensee’s supervision— (A) are properly supervised in the performance of their duties; or (B) comply with this Act; or (v) the licensee has failed to comply with a condition of the licensee’s licence; or (vi) the licensee is an executive officer of a corporation against whom QCAT finds grounds exist to take disciplinary action under section 199 ; or (vii) if the licensee is a corporation— (A) an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or (B) an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; - (i) the licensee is not a suitable person to hold a licence; or - (ii) the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or - (iii) the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or - (iv) the licensee has failed to ensure that the licensee’s employed licensees or motor salespersons, or employees under the licensee’s supervision— (A) are properly supervised in the performance of their duties; or (B) comply with this Act; or - (A) are properly supervised in the performance of their duties; or - (B) comply with this Act; or - (v) the licensee has failed to comply with a condition of the licensee’s licence; or - (vi) the licensee is an executive officer of a corporation against whom QCAT finds grounds exist to take disciplinary action under section 199 ; or - (vii) if the licensee is a corporation— - (A) an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or (B) an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; - (A) an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or - (B) an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; - (h) for a motor salesperson— (i) the salesperson is not eligible to be employed as a motor salesperson; or (ii) the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way. - (i) the salesperson is not eligible to be employed as a motor salesperson; or - (ii) the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way. - (i) this Act; or - (ii) a prescribed conduct provision; or - (iii) the Administration Act ; or - (iv) an undertaking given under part 8 , division 2 ; or - (v) a corresponding law; - (i) the licensee is not a suitable person to hold a licence; or - (ii) the licensee has carried on, or is carrying on, business under a licence with someone who is not a suitable person to hold a licence; or - (iii) the licensee has, in carrying on a business or performing an activity, been incompetent or acted in an unprofessional way; or - (iv) the licensee has failed to ensure that the licensee’s employed licensees or motor salespersons, or employees under the licensee’s supervision— (A) are properly supervised in the performance of their duties; or (B) comply with this Act; or - (A) are properly supervised in the performance of their duties; or - (B) comply with this Act; or - (v) the licensee has failed to comply with a condition of the licensee’s licence; or - (vi) the licensee is an executive officer of a corporation against whom QCAT finds grounds exist to take disciplinary action under section 199 ; or - (vii) if the licensee is a corporation— - (A) are properly supervised in the performance of their duties; or - (B) comply with this Act; or - (A) an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or (B) an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; - (A) an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or - (B) an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; - (A) an executive officer of the corporation is not a suitable person to be an executive officer of a corporation; or - (B) an executive officer of the corporation is disqualified under this Act from being an executive officer of a corporation; - (i) the salesperson is not eligible to be employed as a motor salesperson; or - (ii) the salesperson has, in performing an activity of a licensee, been incompetent or acted in an unprofessional way. - (a) the act or omission relevant to the proceeding against the corporation was done or made without the executive officer’s knowledge; and - (b) the executive officer could not, with reasonable diligence, have prevented the doing of the act or the making of the omission.