Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts9. Sections 7, 8 and 9 of the Principal Act are repealed and the following sections substituted:
“6B. In this Part, unless the contrary intention appears—
“7. A person shall not carry on the business of a dealer or hold himself or herself out as a dealer unless—
(a) the person is the holder of a vehicle sale licence; and
(b) the business is carried on at premises specified in the licence as the address at which the person may carry on that business or partly at those premises and partly at premises specified in another vehicle sale licence held by the person.
Penalty:
(a) if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) if the offender is a body corporate—250 penalty units.
“7A. A person shall not carry on the business of a wholesaler or hold himself or herself out as a wholesaler unless—
(a) the person is the holder of a vehicle sale licence; and
(b) an address has not been specified in that licence under subsection 14 (1A).
Penalty:
(a) if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) if the offender is a body corporate—250 penalty units.
“7B. A person shall not carry on the business of a car market operator or hold himself or herself out as a car market operator unless—
(a) the person is the holder of a car market operator licence; and
(b) the business is carried on at premises specified in the licence as the address at which the person may carry on that business or partly at those premises and partly at premises specified in another car market operator licence held by the person.
Penalty:
(a) if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) if the offender is a body corporate—250 penalty units.
“8. (1) An individual is eligible for the grant of a licence if—
(a) the individual has attained the age of 18 years;
(b) the individual is of good fame and character;
(c) the individual is not a person who is for the time being taking the benefit of any law for the relief of bankrupt or insolvent debtors or a person whose remuneration is, for the time being, assigned for the benefit of his or her creditors;
(d) having regard to the factors specified in subsection (2), the individual is likely to be able to comply with the obligations applicable to the licence;
(e) in the case of an applicant for the grant of a vehicle sale licence—
(i) the individual is not the holder of, or an applicant for, a car market operator licence; and
(ii) the individual has sufficient material and financial resources to carry on that business in accordance with subsection (3);
(f) in the case of an applicant for the grant of a car market operator licence—the individual is not the holder of, or an applicant for, a vehicle sale licence; and
(g) in the event that the licence is granted—the individual intends to carry on the business during the period of the licence.
“(2) For the purposes of paragraph (1) (d), the question whether an individual is likely to be able to comply with the obligations applicable to the licence is to be determined having regard to his or her—
(a) apparent understanding of those obligations;
(b) general business experience (whether or not in the motor trade);
(c) previous employment (whether or not in the motor trade);
(d) knowledge of the operation of businesses of the type proposed to be engaged in by the individual;
(e) level of education; and
(f) personal capacity.
“(3) For the purposes of paragraph (1) (e), the question whether an individual has sufficient material and financial resources to carry on the proposed business is to be determined having regard to—
(a) the scope of the individual's proposed business operations; and
(b) the liabilities the individual may incur in the course of carrying on that business.
“9. A corporation is eligible for the grant of a licence if—
(a) each of the directors of the corporation is a person of good fame and character;
(b) in the case of an applicant for the grant of a vehicle sale licence—
(i) the corporation is not the holder of, or an applicant for, a car market operator licence; and
(ii) the corporation has sufficient material and financial resources to carry on business having regard to the scope of its proposed business operations and the liabilities it may incur in the course of carrying on business; and
(c) in the case of an applicant for the grant of a car market operator licence—the corporation is not the holder of, or an applicant for, a vehicle sale licence.”.