Part 2BCancellation, suspension or variation of licence

Part 2B—Cancellation, suspension or variation of licence 14B—Commissioner may cancel, suspend or impose conditions on licence (1) If the Commissioner is satisfied that events have occurred such that a licensed dealer would not be entitled to be so licensed if the person were to apply for the licence, the Commissioner may, by notice served on the person— (a) cancel the licence; or (b) suspend the licence for a specified period or until the fulfilment of stipulated conditions; or (c) impose conditions on the licence. (2) If the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence under this section have altered, the Commissioner may, by further notice specifying the date of termination, terminate the imposition of the conditions. (3) If, during the suspension of a licence under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the licence to the person (either in the form in which it existed prior to the suspension or subject to new conditions). (4) A person whose licence is cancelled, suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to cancel or suspend the licence or to impose the conditions. (5) Subject to subsection (7), an application for review must be made within 1 month of the making of the relevant decision of the Commissioner. (6) The Commissioner must, if so required by the person whose licence has been cancelled or suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision. (7) If the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 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 person receives the written statement of those reasons. (9) This section applies in relation to conduct occurring before or after the commencement of this section. Part 3—Dealing in second-hand vehicles Division 1—Sales other than by auction Subdivision 1—Application of Division 15—Application of Division (1) This Division, other than section 18E, does not apply to— (a) the sale of a second-hand vehicle by auction; or (b) the sale, or offering for sale, of a second-hand vehicle to a dealer. (2) This Division, other than sections 17 and 18E, does not apply to the sale of a second‑hand vehicle negotiated by an auctioneer immediately after the conduct of an auction for the sale of the vehicle.