18QAGrounds for disciplinary action

18QA Grounds for disciplinary action

(1) Each of the following constitutes grounds for disciplinary action against a servicing licensee or a public weighbridge licensee: (a) the licensee has failed to comply with a provision of this Act, or with a condition of the licence; (b) the licensee has been found guilty of an offence involving fraud or dishonesty; (c) in the case of a servicing licensee—continuously, for a period prescribed by the regulations, neither the licensee nor any employee of the licensee is competent to perform the functions and duties of a verifier; (d) in the case of a public weighbridge licensee—continuously, for a period prescribed by the regulations, neither: (i) the licensee; nor (ii) an employee of the licensee; nor (iii) a person who contracts with the licensee to operate the weighbridge; nor (iv) an employee of a person mentioned in subparagraph (iii); has the competencies appropriate to operate the public weighbridge; (e) the activities to which the licence relates are being carried on in a dishonest or unfair manner; (f) the Secretary would be required by sections 18NC or 18PC to refuse an application for a licence by the licensee (if the licensee were not already licensed); (g) the licensee has been refused a licence under this Act or an earlier corresponding law; (h) the licensee is the subject of disciplinary action under section 18QC or under the equivalent provision of an earlier corresponding law; (i) the licensee is not, for any other reason, a fit and proper person to continue to hold a licence. (2) A ground for disciplinary action under subsection (1) exists in relation to a licensee that is a partnership if: (a) in relation to the grounds mentioned in paragraphs (a), (b), (f), (g), (h) and (i)—the ground exists in relation to any one or more of the members of the partnership; and (b) in relation to the grounds mentioned in paragraphs (c) and (d)—neither the partners nor anyone else mentioned in those paragraphs has the competencies mentioned in those paragraphs. (3) A ground for disciplinary action under paragraph (1)(i) exists in relation to a licensee that is a body corporate if it exists in relation to a person concerned in the management of the body corporate.