South Australian Numbered Acts South Australian Numbered ActsAfter Part 2 insert:
Part 2AA—Suspension or variation of registration in urgent circumstances
11BA—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 appeal to the Court against the decision of the Commissioner to suspend the registration or to impose the conditions.
(5) Subject to subsection (7)
, an appeal must be instituted within 1 month after the making of the decision appealed against.
(6) The Commissioner must, if so required by the appellant, 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 appellant (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons.
(8) The Court must hear and determine an appeal under this section as expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after the commencement of this section.