South Australian Numbered Acts South Australian Numbered ActsAfter section 11B insert:
Part 2A—Cancellation, suspension or variation of registration
11C—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 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 appeal to the Court against the decision of the Commissioner to cancel or suspend the registration or to impose the conditions.
(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 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.