South Australian Current Acts South Australian Current Acts27—Cause for disciplinary action
(1) There is proper
cause for disciplinary action against a dealer if—
(a)
licensing of the dealer was improperly obtained; or
(b) the
dealer has acted contrary to an assurance accepted by the Commissioner under
the Fair Trading Act 1987 ; or
(c) the
dealer or another person has acted contrary to this Act or otherwise
unlawfully, or improperly, negligently or unfairly, in the course of
conducting, or being employed or otherwise engaged in, the business of the
dealer; or
(d) in
the case of a dealer who has been employed or engaged to manage and supervise
an incorporated dealer's business—the dealer or another person has acted
unlawfully, improperly, negligently or unfairly in the course of managing or
supervising, or being employed or otherwise engaged in, that business; or
(e) the
dealer has failed to attend a conference convened under Part 4, or has not
conducted himself or herself reasonably at such a conference, or has failed to
carry out his or her obligations under an agreement reached at such a
conference; or
(f) the
dealer has failed to comply with an order made by the Magistrates Court under
Part 4; or
(h)
events have occurred such that the dealer would not be entitled to be licensed
as a dealer if he or she were to apply for a licence.
(1a) There is proper
cause for disciplinary action against a salesperson if the salesperson has
acted unlawfully, improperly, negligently or unfairly in the course of acting
as a salesperson.
(2) Disciplinary
action may be taken against each director of a body corporate that is a dealer
if there is proper cause for disciplinary action against the body corporate.
(3) Disciplinary
action may not be taken against a person in relation to the act or default of
another if that person could not reasonably be expected to have prevented the
act or default.
(4) This section
applies in relation to conduct occurring before or after the commencement of
this Act.