QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.199Orders QCAT may make on disciplinary hearing
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### sec.199 Orders QCAT may make on disciplinary hearing
QCAT may make 1 or more of the following orders against a person in relation to whom QCAT finds grounds exist to take disciplinary action under this Act—
an order reprimanding the person;
an order that the person pay to the State, within the period stated in the order, a fine of not more than—
for an individual—200 penalty units; or
for a corporation—1,000 penalty units;
an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding;
an order that the person’s licence or registration certificate be suspended for the period stated in the order;
an order—
if the person is the holder of a licence or registration certificate when the order is made—that the licence or registration certificate be cancelled; or
whether or not the person is the holder of a licence or registration certificate when the order is made—that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate;
an order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration certificate;
another order QCAT considers appropriate to ensure the person complies with this Act.
QCAT may not make an order under subsection (1) (e) (ii) disqualifying the person from holding a licence or registration certificate if QCAT is satisfied that a court has, in relation to the matter giving rise to the disciplinary proceeding—
been asked to make an order under section 229 (1) or (4) disqualifying the person from holding a licence or registration certificate; and
declined to do so.
If QCAT makes an order under subsection (1) (e) (i) in relation to an individual that a licence or registration certificate be cancelled, QCAT must also order that the person be disqualified, for the period stated in the order, from holding a licence of the type to which the order relates or a registration certificate.
The chief executive may recover a fine, ordered by QCAT to be paid by the person to the chief executive, as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.
(sec.199-ssec.1) QCAT may make 1 or more of the following orders against a person in relation to whom QCAT finds grounds exist to take disciplinary action under this Act— an order reprimanding the person; an order that the person pay to the State, within the period stated in the order, a fine of not more than— for an individual—200 penalty units; or for a corporation—1,000 penalty units; an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding; an order that the person’s licence or registration certificate be suspended for the period stated in the order; an order— if the person is the holder of a licence or registration certificate when the order is made—that the licence or registration certificate be cancelled; or whether or not the person is the holder of a licence or registration certificate when the order is made—that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate; an order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration certificate; another order QCAT considers appropriate to ensure the person complies with this Act.
(sec.199-ssec.2) QCAT may not make an order under subsection (1) (e) (ii) disqualifying the person from holding a licence or registration certificate if QCAT is satisfied that a court has, in relation to the matter giving rise to the disciplinary proceeding— been asked to make an order under section 229 (1) or (4) disqualifying the person from holding a licence or registration certificate; and declined to do so.
(sec.199-ssec.3) If QCAT makes an order under subsection (1) (e) (i) in relation to an individual that a licence or registration certificate be cancelled, QCAT must also order that the person be disqualified, for the period stated in the order, from holding a licence of the type to which the order relates or a registration certificate.
(sec.199-ssec.4) The chief executive may recover a fine, ordered by QCAT to be paid by the person to the chief executive, as a debt owing to the chief executive in a court with jurisdiction to recover debts up to the amount of the fine.
- (a) an order reprimanding the person;
- (b) an order that the person pay to the State, within the period stated in the order, a fine of not more than— (i) for an individual—200 penalty units; or (ii) for a corporation—1,000 penalty units;
- (i) for an individual—200 penalty units; or
- (ii) for a corporation—1,000 penalty units;
- (c) an order that the person pay compensation (inclusive of any commission to which the person is not entitled) to someone else who has suffered loss or damage because of the act or omission that resulted in the finding;
- (d) an order that the person’s licence or registration certificate be suspended for the period stated in the order;
- (e) an order— (i) if the person is the holder of a licence or registration certificate when the order is made—that the licence or registration certificate be cancelled; or (ii) whether or not the person is the holder of a licence or registration certificate when the order is made—that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate;
- (i) if the person is the holder of a licence or registration certificate when the order is made—that the licence or registration certificate be cancelled; or
- (ii) whether or not the person is the holder of a licence or registration certificate when the order is made—that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate;
- (f) an order imposing conditions on, or amending or revoking the conditions of, the person’s licence or registration certificate;
- (g) another order QCAT considers appropriate to ensure the person complies with this Act.
- (i) for an individual—200 penalty units; or
- (ii) for a corporation—1,000 penalty units;
- (i) if the person is the holder of a licence or registration certificate when the order is made—that the licence or registration certificate be cancelled; or
- (ii) whether or not the person is the holder of a licence or registration certificate when the order is made—that the person be disqualified permanently, or for the period stated in the order, from holding a licence or registration certificate;
- (a) been asked to make an order under section 229 (1) or (4) disqualifying the person from holding a licence or registration certificate; and
- (b) declined to do so.