191Grounds for disciplinary action

#### 191 Grounds for disciplinary action 191 Grounds for disciplinary action > Disciplinary action under this Part can be taken against a person who is or was the holder of a licence or certificate of registration on any one or more of the following grounds— > > > (a) the person has contravened a provision of this Act or any other Act administered by the Minister (including any provision of the Australian Consumer Law (NSW)), or the regulations under any such Act, whether or not the person has been prosecuted or convicted of an offence in respect of the contravention, > > > (a1) the person has, in respect of the person’s conduct of business or exercise of functions under the licence or certificate of registration, contravened the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth, > > > (b) the person has contravened a condition of the licence or certificate of registration, > > > (c) the person has, in the course of carrying on business or exercising functions under the licence or certificate of registration, acted unlawfully, improperly, unfairly or incompetently, > > > (d) the person is a disqualified person or is otherwise not eligible under section 14 to hold a licence or certificate of registration, > > > (e) the person is not a fit and proper person to be involved in the direction, management or conduct of the business of a licensee, > > > (f) the person has failed to pay any part of a contribution or levy that is due and payable under Part 10 (Compensation Fund), > > > (g) the person has breached an undertaking given by the person to the Secretary under this Act or the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), in respect of the person’s conduct of business or exercise of functions under the licence or certificate of registration, > > > (h) the person has failed to comply with a direction given to the person by the Secretary pursuant to the taking of disciplinary action under this Part, > > > (i) the person has failed to pay a monetary penalty imposed on the person by the Secretary pursuant to the taking of disciplinary action under this Part, > > > (j) the issue of the person’s licence or certificate of registration was obtained by fraud or mistake, > > > (k) grounds specified in the regulations as grounds for the taking of disciplinary action against a person under this Act. > > **s 191:** Am 2018 No 65, Sch 9.3 \[2\] \[3\].