South Australian Numbered Acts South Australian Numbered Acts31—Insertion of Parts 2A and 2B
After section 14 insert:
Part 2A—Suspension or variation of licence in urgent circumstances
14A—Commissioner may suspend or impose conditions on 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 (not exceeding 6 months) or until the fulfilment of stipulated conditions; or
(e) impose conditions on the dealer's licence.
(2) If the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence 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 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 (either in the form in which it existed prior to the suspension or subject to new conditions).
(4) A person whose licence has been suspended or made subject to conditions under this section may appeal to the District Court against the decision of the Commissioner to suspend the licence 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 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.
Part 2B—Cancellation, suspension or variation of licence
14B—Commissioner may cancel, suspend or impose conditions on licence
(1) If the Commissioner is satisfied that events have occurred such that a licensed dealer would not be entitled to be so licensed if the person were to apply for the licence, the Commissioner may, by notice served on the person—
(a) cancel the licence; or
(b) suspend the licence for a specified period or until the fulfilment of stipulated conditions; or
(c) impose conditions on the licence.
(2) If the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence 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 licence 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 licence to the person (either in the form in which it existed prior to the suspension or subject to new conditions).
(4) A person whose licence is cancelled, suspended or made subject to conditions under this section may appeal to the District Court against the decision of the Commissioner to cancel or suspend the licence 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 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.