South Australian Numbered Acts

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STATUTES AMENDMENT AND REPEAL (FAIR TRADING) ACT 2009 (NO 39 OF 2009) - SECT 5

5—Insertion of Part 3A

After Part 3 insert:

Part 3A—Suspension of licence in urgent circumstances

19A—Suspension of licence in urgent circumstances

        (1)         If the Commissioner is of the opinion that—

            (a)         there are reasonable grounds to believe that a licensed building work contractor has engaged or is engaging in conduct that constitutes grounds for disciplinary action under Part 4; and

            (b)         it is likely that the contractor 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 contractor's conduct unless action is taken urgently,

the Commissioner may, by notice served on the contractor—

            (d)         suspend the contractor's licence for a specified period (which may not exceed 6 months); and

            (e)         direct the contractor, within 7 days of service of the notice, to surrender the suspended licence to the Commissioner.

        (2)         A licensed building work contractor who, without reasonable excuse, fails to surrender his or her licence in accordance with a direction under subsection (1)(e) is guilty of an offence.

Maximum penalty: $1 250.

        (3)         If, during the suspension of a licence 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 licence to the person.

        (4)         A person whose licence has been suspended under this section may appeal to the District Court against the decision of the Commissioner to suspend the licence.

        (5)         Subject to subsection (7), an appeal must be instituted within 1 month of the making of the decision appealed against.

        (6)         The Commissioner must, if so required by the person whose licence has been suspended, state in writing the reasons for the Commissioner's decision to suspend the licence.

        (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 instituting an appeal runs from the time at which the person receives the written statement of those reasons.

        (8)         The District 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.



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