Div 1Grant of licences

Division 1—Grant of licences 7—Dealers to be licensed (1) A person must not carry on business, or hold himself or herself out, as a dealer unless licensed under this Act. (a) for an offence committed by an individual— (i) for a first or second offence—$150 000; or (ii) for a third or subsequent offence—$250 000 or 2 years imprisonment or both; or (b) for an offence committed by a body corporate—$500 000. (2) This section does not apply to— (a) a person whose principal business is that of a credit provider— (i) whose business as a dealer is incidental to the credit business; and (ii) who, in carrying on business as a dealer, observes any requirements imposed by regulation for the purposes of this paragraph; or (b) an auctioneer who sells second-hand vehicles on behalf of other persons— (i) by auction; or (ii) by sales negotiated immediately after conducting auctions for the sale of the vehicles, and who does not otherwise carry on the business of buying or selling second-hand vehicles; or (c) the Crown. 8—Application for licence (1) An application for a licence must— (a) be made to the Commissioner in the manner and form approved by the Commissioner; and (b) be accompanied by the fee fixed by regulation. (2) An applicant for a licence must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application. (3) If an applicant for a licence has previously failed to pay a fee, penalty or contribution that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee, penalty or contribution (as the case may be). (4) The Commissioner may, by notice in writing, require an applicant for a licence, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction. (5) If the applicant fails to comply with the notice under subsection (4), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application. 9—Entitlement to be licensed (1) A natural person is entitled to be licensed as a dealer if the person— (a) is of or above the age of 18 years; and (b) has not— (ii) during the period of 10 years preceding the application for a licence, been convicted of a summary offence of dishonesty; and (c) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and (d) is not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and (e) has not, during the period of five years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors— (i) when the body was being so wound up; or (ii) within the period of six months preceding the commencement of the winding up; and (f) is a fit and proper person to be the holder of a licence. (2) A body corporate is entitled to be licensed as a dealer if— (a) the body corporate— (i) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and (ii) is not being wound up and is not under official management or in receivership; and (b) no director of the body— (i) has— (A) been convicted of an indictable offence of dishonesty; or (B) during the period of 10 years preceding the application for a licence, been convicted of a summary offence of dishonesty; or (ii) is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or (iii) has, during the period of five years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors— (A) when the body was being so wound up; or (B) within the period of six months preceding the commencement of the winding up; and (c) each director of the body is a fit and proper person to be the director of a body that is the holder of a licence. 10—Reviews (1) An applicant for a licence may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application. (2) Subject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision. (3) The Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application. (4) If the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons. 11—Duration of licence and annual fee and return (1) A licence remains in force (except for any period for which it is suspended) until— (a) the licence is surrendered or cancelled; or (b) the licensed dealer dies or, in the case of a licensed body corporate, is dissolved. (2) A licensed dealer must, each year not later than the date fixed by regulation— (a) pay to the Commissioner the fee fixed by regulation; and (b) lodge with the Commissioner a return in the manner and form required by the Commissioner. (3) If a licensed dealer fails to pay the annual fee or lodge the annual return in accordance with subsection (2), the Commissioner may, by notice in writing, require the dealer to make good the default. (4) If the dealer fails to comply with the notice within 28 days after service of the notice, the dealer's licence is cancelled. (5) The Commissioner must notify the dealer in writing of the cancellation of the dealer's licence. (6) A licensed dealer may surrender the licence. (7) In this section— licensed dealer includes a licensed dealer whose licence has been suspended. 12—Requirements for insurance (1) A person must, at all times when carrying on business as a dealer, be insured in accordance with the regulations. (2) A dealer's licence is suspended for any period for which the dealer is not insured as required under subsection (1). 13—Incorporated dealer's business to be properly managed and supervised A licensed dealer that is a body corporate must ensure that the dealer's business is properly managed and supervised by a licensed dealer who is a natural person. 13A—Salespersons (1) A dealer must not employ a person as a salesperson unless the person— (a) has not— (ii) during the period of 10 years preceding the employment, been convicted of a summary offence of dishonesty; and (b) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth. (2) A person must not act as a salesperson unless the person— (a) has not— (ii) during the period of 10 years preceding the employment, been convicted of a summary offence of dishonesty; and (b) is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth. (3) For the purposes of subsection (2), a person acts as a salesperson if the person— (a) is or remains in the service of a dealer as a salesperson; or (b) holds himself or herself out as a salesperson; or (c) otherwise acts as a salesperson. (4) A provision of this section that provides that a person must not be employed or act as a salesperson if the person is convicted, disqualified or suspended applies to a person who is employed as a salesperson, or who is acting as a salesperson, immediately before the commencement of this section only if the person is convicted, disqualified or suspended after the commencement.