South Australian Current Acts South Australian Current Acts11BA—Commissioner may suspend or impose conditions on registration in
urgent circumstances
(1) If the
Commissioner is of the opinion that—
(a)
there are reasonable grounds to believe that a registered agent, registered
sales representative, registered auctioneer or registered property manager has
engaged or is engaging in conduct that constitutes grounds for disciplinary
action under Part 4; and
(b) it
is likely that the agent, sales representative, auctioneer or property manager
will continue to engage in that conduct; and
(c)
there is a danger that a person or persons may suffer significant harm, or
significant loss or damage, as a result of the conduct unless action is taken
under this section,
the Commissioner may, by notice served on the agent, sales representative,
auctioneer or property manager—
(d)
suspend the registration, with immediate effect—
(i)
for a specified period (not exceeding 6 months); or
(ii)
until the completion (including withdrawal) of specified
legal proceedings; or
(iii)
until the fulfilment of other specified conditions; or
(e)
impose specified conditions on the registration, with immediate effect.
(2) If the
Commissioner is satisfied that the facts and circumstances that gave rise to
the imposition of conditions on a registration under this section have so
altered that the imposition of the conditions is no longer necessary, the
Commissioner must, by further notice specifying the date of termination,
terminate the imposition of the conditions.
(3) If, during the
suspension of a registration under this section, the Commissioner is satisfied
that the facts and circumstances that gave rise to the suspension have so
altered that the suspension should be terminated, the Commissioner must, by
further notice specifying the date of termination, terminate the suspension
without delay and restore the registration to the person (either in the form
in which it existed prior to the suspension or subject to new conditions).
(4) A person whose
registration is suspended or made subject to conditions under this section may
seek a review by the Tribunal under section 34 of the
South Australian Civil and Administrative Tribunal Act 2013 of the
decision of the Commissioner to suspend the registration (including the period
of the suspension) or to impose the conditions.
(5) Subject to
subsection (7), an application for review must be made to the Tribunal
within 1 month after the making of the relevant decision.
(6) The Commissioner
must, if so required by the person, 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.