South Australian Numbered Acts South Australian Numbered ActsAfter section 13 insert:
13A—Salespersons
(1) A dealer must not
employ a person as a salesperson unless the person—
(a) has
not—
(i)
been convicted of an indictable offence of dishonesty; or
(ii)
during the period of 10 years preceding the employment,
been convicted of a summary offence of dishonesty; and
(b) is
not suspended or disqualified from practising or carrying on an occupation,
trade or business under a law of this State, the Commonwealth, another State
or a Territory of the Commonwealth.
Maximum penalty: $100 000.
(2) A person must not
act as a salesperson unless the person—
(a) has
not—
(i)
been convicted of an indictable offence of dishonesty; or
(ii)
during the period of 10 years preceding the employment,
been convicted of a summary offence of dishonesty; and
(b) is
not suspended or disqualified from practising or carrying on an occupation,
trade or business under a law of this State, the Commonwealth, another State
or a Territory of the Commonwealth.
Maximum penalty: $100 000.
(3) For the purposes
of subsection (2), a person "acts as a salesperson if the person—
(a) is
or remains in the service of a dealer as a salesperson; or
(b)
holds himself or herself out as a salesperson; or
(c)
otherwise acts as a salesperson.
(4) A provision of
this section that provides that a person must not be employed or act as a
salesperson if the person is convicted, disqualified or suspended applies to a
person who is employed as a salesperson, or who is acting as a salesperson,
immediately before the commencement of this section only if the person is
convicted, disqualified or suspended after the commencement.