QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.26Investigations about suitability of applicants, nominated persons and licensees
Start here
Get a plain-English read of sec.26
Turn the raw legal text into a practical explanation grounded in Motor Dealers and Chattel Auctioneers Act 2014.
### sec.26 Investigations about suitability of applicants, nominated persons and licensees
The chief executive may make investigations about the following persons to help the chief executive decide whether an applicant or nominated person mentioned in section 20 (1) or licensee is a suitable person to hold a licence—
the applicant, nominated person or licensee;
if the applicant, nominated person or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant, nominated person or licensee intends carrying on, or carries on, business in partnership or in conjunction;
if the applicant or licensee is a corporation—each executive officer of the corporation;
a business associate of the applicant, nominated person or licensee.
Without limiting subsection (1) , the chief executive may ask the commissioner for a criminal history report about any of the persons.
The commissioner must give the report to the chief executive.
However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.
If the person’s criminal history includes a conviction recorded against the person, the report must be written.
If the person is, or has been, subject to a control order or registered corresponding control order, the report must—
state the details of the order; or
be accompanied by a copy of the order.
s 26 amd 2016 No. 62 s 224
(sec.26-ssec.1) The chief executive may make investigations about the following persons to help the chief executive decide whether an applicant or nominated person mentioned in section 20 (1) or licensee is a suitable person to hold a licence— the applicant, nominated person or licensee; if the applicant, nominated person or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant, nominated person or licensee intends carrying on, or carries on, business in partnership or in conjunction; if the applicant or licensee is a corporation—each executive officer of the corporation; a business associate of the applicant, nominated person or licensee.
(sec.26-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner for a criminal history report about any of the persons.
(sec.26-ssec.3) The commissioner must give the report to the chief executive.
(sec.26-ssec.4) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.
(sec.26-ssec.5) If the person’s criminal history includes a conviction recorded against the person, the report must be written.
(sec.26-ssec.6) If the person is, or has been, subject to a control order or registered corresponding control order, the report must— state the details of the order; or be accompanied by a copy of the order.
- (a) the applicant, nominated person or licensee;
- (b) if the applicant, nominated person or licensee intends carrying on, or carries on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the applicant, nominated person or licensee intends carrying on, or carries on, business in partnership or in conjunction;
- (c) if the applicant or licensee is a corporation—each executive officer of the corporation;
- (d) a business associate of the applicant, nominated person or licensee.
- (a) state the details of the order; or
- (b) be accompanied by a copy of the order.