QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.217Chief executive’s power to ask for substantiation of representations
Start here
Get a plain-English read of sec.217
Turn the raw legal text into a practical explanation grounded in Motor Dealers and Chattel Auctioneers Act 2014.
### sec.217 Chief executive’s power to ask for substantiation of representations
This section applies if the chief executive believes, on reasonable grounds, that a licensee or motor salesperson has made a representation in contravention of section 216 (1) .
The chief executive may, by written notice, ask the person to give to the chief executive written proof that supports the representation.
The notice must—
state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and
warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse for the failure to comply.
The person must respond to the notice by the stated day, unless the person has a reasonable excuse for the failure to comply.
Maximum penalty—100 penalty units.
It is a reasonable excuse for an individual to fail to comply with subsection (4) if complying with the subsection would tend to incriminate the individual.
(sec.217-ssec.1) This section applies if the chief executive believes, on reasonable grounds, that a licensee or motor salesperson has made a representation in contravention of section 216 (1) .
(sec.217-ssec.2) The chief executive may, by written notice, ask the person to give to the chief executive written proof that supports the representation.
(sec.217-ssec.3) The notice must— state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse for the failure to comply.
(sec.217-ssec.4) The person must respond to the notice by the stated day, unless the person has a reasonable excuse for the failure to comply. Maximum penalty—100 penalty units.
(sec.217-ssec.5) It is a reasonable excuse for an individual to fail to comply with subsection (4) if complying with the subsection would tend to incriminate the individual.
- (a) state a day, at least 14 days after the day the notice is given to the person, by which the person must give the proof to the chief executive; and
- (b) warn the person it is an offence to fail to comply with the notice by the stated day, unless the person has a reasonable excuse for the failure to comply.