Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW
- SECT 961E

(1)

A claim must:

(a)

be in writing; and

(b)

be served on SEGC:

(i)

if a notice under subsection (4) applies to the claim—before the end of the last application day specified in the notice; or

(ii)

in any other case—within 6 months after the day on which the claimant first became aware that the claimant had suffered loss as a result of the dealer's contravention of the SCH certificate cancellation provisions.

(2)

For the purposes of subsection (1), a notice under subsection (4) applies to a claim if the claim is in respect of a contravention of the SCH certificate cancellation provisions, by the dealer named in the notice, during the applicable period specified in the notice.

(3)

A claim that is not served on SEGC by the time required by paragraph (1)(b) is barred unless the Board otherwise determines.

(4)

SEGC may publish, in each State and Territory in a daily newspaper circulating in that State or Territory, a notice that:

(a)

is in the prescribed form; and

(b)

names a particular dealer; and

(c)

requires that all claims in respect of contraventions of the SCH certificate cancellation provisions, by the named dealer, during a period (the applicable period ) specified in the notice in accordance with subsection (5) must be served on SEGC before the day (the last application day ) specified in the notice in accordance with subsection (6).

(5)

The applicable period must be a period that starts and ends before:

(a)

if each publication of the notice occurs on the same day—the day on which the notice is published; or

(b)

in any other case—the first day on which the notice is published.

(6)

The last application day must be at least 3 months after:

(a)

if each publication of the notice occurs on the same day—the day on which the notice is published; or

(b)

in any other case—the last day on which the notice is published.

(7)

SEGC, a member of the Board and any employee of, or person acting on behalf of, SEGC each have qualified privilege in respect of the publication of a notice under subsection (4).