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Motor Dealers and Chattel Auctioneers Act 2014
sec.28Costs of criminal history report
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### sec.28 Costs of criminal history report
The chief executive may require an applicant mentioned in section 20 (1) or a licensee to pay the reasonable, but no more than actual, costs of obtaining a criminal history report under section 26 about—
the applicant or licensee; or
a nominated person mentioned in section 51 (3) or 52 (4) as the applicant’s substitute licensee; or
a person to whom section 26 (1) (b) , (c) or (d) applies for deciding whether the applicant, licensee or nominated person is a suitable person to hold a licence.
The requirement is a criminal history costs requirement .
The chief executive may notify the applicant or licensee of the requirement to pay a criminal history costs requirement—
in an approved form; or
on the department’s website; or
in a written notice given by the chief executive to the applicant or licensee.
If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or licensee, the notice must include a requirement for the costs to be paid within a stated reasonable period.
The applicant or licensee is taken to have withdrawn the application for which the criminal history report was requested if the applicant or licensee fails to comply with the criminal history costs requirement.
The chief executive must refund to an applicant or licensee an amount paid under the requirement if—
the chief executive refuses the application without asking for the report; or
the applicant or licensee withdraws the application before the chief executive asks for the report.
In this section—
applicant includes proposed applicant.
(sec.28-ssec.1) The chief executive may require an applicant mentioned in section 20 (1) or a licensee to pay the reasonable, but no more than actual, costs of obtaining a criminal history report under section 26 about— the applicant or licensee; or a nominated person mentioned in section 51 (3) or 52 (4) as the applicant’s substitute licensee; or a person to whom section 26 (1) (b) , (c) or (d) applies for deciding whether the applicant, licensee or nominated person is a suitable person to hold a licence.
(sec.28-ssec.2) The requirement is a criminal history costs requirement .
(sec.28-ssec.3) The chief executive may notify the applicant or licensee of the requirement to pay a criminal history costs requirement— in an approved form; or on the department’s website; or in a written notice given by the chief executive to the applicant or licensee.
(sec.28-ssec.4) If the criminal history costs requirement is made in a written notice given by the chief executive to the applicant or licensee, the notice must include a requirement for the costs to be paid within a stated reasonable period.
(sec.28-ssec.5) The applicant or licensee is taken to have withdrawn the application for which the criminal history report was requested if the applicant or licensee fails to comply with the criminal history costs requirement.
(sec.28-ssec.6) The chief executive must refund to an applicant or licensee an amount paid under the requirement if— the chief executive refuses the application without asking for the report; or the applicant or licensee withdraws the application before the chief executive asks for the report.
(sec.28-ssec.7) In this section— applicant includes proposed applicant.
- (a) the applicant or licensee; or
- (b) a nominated person mentioned in section 51 (3) or 52 (4) as the applicant’s substitute licensee; or
- (c) a person to whom section 26 (1) (b) , (c) or (d) applies for deciding whether the applicant, licensee or nominated person is a suitable person to hold a licence.
- (a) in an approved form; or
- (b) on the department’s website; or
- (c) in a written notice given by the chief executive to the applicant or licensee.
- (a) the chief executive refuses the application without asking for the report; or
- (b) the applicant or licensee withdraws the application before the chief executive asks for the report.