South Australian Current Acts South Australian Current Acts11C—Commissioner may cancel, suspend or impose conditions on
registration
(1) If the
Commissioner is satisfied that events have occurred such that a registered
agent, registered sales representative, registered property manager or
registered auctioneer would not be entitled to be so registered if the person
were to apply for registration, the Commissioner may, by notice served on the
person—
(a)
cancel the registration; or
(b)
suspend the registration for a specified period or until the fulfilment of
stipulated conditions; or
(c)
impose conditions on the registration.
(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
altered, the Commissioner may, 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
altered, the Commissioner may, by further notice specifying the date of
termination, terminate the suspension 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 cancelled, 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 cancel or suspend the registration or to
impose the conditions.
(5) Subject to
subsection (7), an application for review may 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 the making of 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.