After Part 4 insert:
Part 4A—Suspension of licence in urgent circumstances
25A—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 dealer has engaged or
is engaging in conduct that constitutes grounds for disciplinary action under
Part 5; and
(b) it
is likely that the dealer 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 dealer's conduct unless action
is taken urgently,
the Commissioner may, by notice served on the dealer—
(d)
suspend the dealer's licence for a specified period (which may not exceed 6
months); and
(e)
direct the dealer, within 7 days of service of the notice, to surrender the
suspended licence to the Commissioner.
(2) A licensed dealer
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.