Australian Capital Territory Numbered Acts

SALE OF MOTOR VEHICLES (AMENDMENT) ACT (NO. 48 OF 1995) - SECT 11

11. Section 11 of the Principal Act is amended—

    (a)     by omitting paragraph (1) (e) and substituting the following paragraph:

    “(e)     except in the case of an application for a car market operator licence—shall be accompanied by the relevant financial information referred to in subsection (2);”;

    (b)     by omitting paragraphs (1) (g) and (h) and substituting the following paragraphs:

    “(g)     shall specify the premises at which the corporation proposes to carry on business under the licence;

        (h)     a certificate by the relevant Chief Executive that, in his or her opinion, the carrying on of the proposed business at the premises specified in the application in pursuance of paragraph (f) is not prohibited by the provisions of the lease of the land at which those premises are situated or by the Territory Plan as in effect under the Land (Planning and Environment) Act 1991 ;”;

    (c)     by omitting from paragraph (1) (j) “and”;

    (d)     by inserting after paragraph (1) (j) the following paragraphs:

    “(ja)     if the applicant proposes to carry on business under a name other than the name of the corporation—shall be accompanied by a certificate of registration of the business name under the Business Names Act 1963 ;

        (jb)     shall be accompanied by identification of each of the directors of the corporation being identification in accordance with the requirements of section 11A; and”; and

    (e)     by omitting subsection (2) and substituting the following subsections:

“(2) For the purposes of paragraph (1) (e), the relevant financial information is—

        (a)     where the corporation has been in existence for more than 1 financial year of that corporation—

              (i)     a copy of the corporation's accounts in respect of the financial year of the corporation immediately preceding the application for the grant of the licence; and

              (ii)     a copy of the corporation's accounts in respect of the period commencing at the end of that financial year and ending no more than 1 month immediately preceding the application for the grant of the licence; or

        (b)     where paragraph (a) does not apply—a copy of the corporation's accounts in respect of the period commencing at its incorporation and ending no more than 1 month immediately preceding the application for the grant of the licence;

being accounts that have been audited by a qualified accountant.

“(3) In subsection (2)—

        (a)     a reference to accounts shall be read as a reference to accounts within the meaning of the Corporations Law; and

        (b)     a reference to accounts in respect of a period shall be read as including a reference to accounts in respect of each of 2 periods whose total length corresponds to the length of the first-mentioned period.

“(4) An application under subsection (1) shall be notified in accordance with section 11B.”.