QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.48Chief executive may restore or refuse to restore licence
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### sec.48 Chief executive may restore or refuse to restore licence
The chief executive must consider the application for restoration and may decide to restore or refuse to restore the licence.
The chief executive may decide to restore the licence only if the chief executive is satisfied—
the person is a suitable person to hold a licence and—
if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on, or intends to carry on, business in conjunction is a suitable person to hold a licence; and
if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and
the application is made under section 46 ; and
the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.
If the chief executive decides to refuse to restore the licence, the chief executive must give the person an information notice about the decision within 14 days after the making the decision.
If the chief executive decides to restore the licence—
the licence is taken to have been renewed on the day it would, apart from section 47 , have expired (the initial expiry date ); and
to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made under this section is taken to have been as validly done as it would have been if the licence had been renewed immediately before the initial expiry date.
s 48 amd 2016 No. 62 s 230
(sec.48-ssec.1) The chief executive must consider the application for restoration and may decide to restore or refuse to restore the licence.
(sec.48-ssec.2) The chief executive may decide to restore the licence only if the chief executive is satisfied— the person is a suitable person to hold a licence and— if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on, or intends to carry on, business in conjunction is a suitable person to hold a licence; and if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and the application is made under section 46 ; and the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.
(sec.48-ssec.3) If the chief executive decides to refuse to restore the licence, the chief executive must give the person an information notice about the decision within 14 days after the making the decision.
(sec.48-ssec.4) If the chief executive decides to restore the licence— the licence is taken to have been renewed on the day it would, apart from section 47 , have expired (the initial expiry date ); and to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made under this section is taken to have been as validly done as it would have been if the licence had been renewed immediately before the initial expiry date.
- (a) the person is a suitable person to hold a licence and— (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on, or intends to carry on, business in conjunction is a suitable person to hold a licence; and (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and
- (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on, or intends to carry on, business in conjunction is a suitable person to hold a licence; and
- (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and
- (b) the application is made under section 46 ; and
- (c) the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence.
- (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on, or intends to carry on, business in conjunction is a suitable person to hold a licence; and
- (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and
- (a) the licence is taken to have been renewed on the day it would, apart from section 47 , have expired (the initial expiry date ); and
- (b) to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made under this section is taken to have been as validly done as it would have been if the licence had been renewed immediately before the initial expiry date.