New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 39

39 Additional grounds for disciplinary action--motor dealers' licences, motor vehicle repairers' licences and motor vehicle recyclers' licences

Disciplinary action may also be taken against the holder or a former holder of a motor dealer's licence, a motor vehicle repairer's licence or a motor vehicle recycler's licence on the following grounds--

(a) the business authorised by the licence has not been conducted in accordance with standards for the supply of goods and services established under the Australian Consumer Law (NSW) ,

(b) the business authorised by the licence has been carried on in a dishonest or unfair manner,

(c) the person has not, for a period of 1 month or more, carried on business at notified premises,

(d) in the case of the holder or the former holder of a motor dealer's licence or motor vehicle recycler's licence, the person has contravened section 73 (1) or (3) of the Road Transport Act 2013 or the statutory rules made under Part 4.5 of that Act,

(e) in the case of the holder or the former holder of a motor vehicle repairer's licence, the person has contravened, or the Secretary has reasonable grounds to believe that the person is likely to contravene, section 98 of the Road Transport Act 2013 or the statutory rules made under Part 4.5 of that Act,

(f) in the case of the holder or the former holder of a motor dealer's licence, there has been undue delay, or unreasonable refusal, on the part of the person in paying, applying or accounting for trust money as required by or under Division 6 of Part 4,

(g) in the case of the holder or the former holder of a motor dealer's licence, there are reasonable grounds for believing that there is a deficiency in a trust account of the motor dealer maintained under Division 6 of Part 4,

(h) the person has failed to comply with a rectification order made against the person under Division 2 of Part 5,

(i) the person is contravening another law by carrying on business at a place of business to which the licence relates,

(j) in the case of a body corporate, the body corporate--

(i) is in the course of being wound up, is a body corporate in respect of which a receiver or other controller has been appointed or has entered into a compromise or scheme of arrangement with its creditors, or

(ii) may, for any other reason, be unable to or be likely to become unable to meet its liabilities.