Victorian Numbered Acts Victorian Numbered Acts(1) After section 35A(1)(a) of the Principal Act insert —
"(ab) is or was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate (unless the person has obtained permission under section 29A);".
(2) In section 35A(1)(d) of the Principal Act, for "jurisdiction);" substitute "jurisdiction).".
(3) Section 35A(1)(e) of the Principal Act is repealed .
(4) For section 35A(3) of the Principal Act substitute —
"(3) A motor car trader must not employ any person in any customer service capacity in connection with the motor car trader's business unless the motor car trader has been given a notice in the prescribed form that contains a declaration of the person stating whether or not he or she—
(a) has had a claim admitted against the Fund;
(b) is or was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate;
(c) has, within the last 10 years, been convicted or found guilty of a serious offence (whether or not a conviction was recorded);
(d) is for the time being disqualified from holding a licence;
(e) is for the time being disqualified from being employed in any capacity in connection with the business of a motor car trader (regardless of whether or not motor car traders are referred to by that name in the relevant jurisdiction);
(f) has obtained permission under section 29A or 29B in relation to a matter referred to in paragraphs (a) to (c).
Penalty: 50 penalty units.
(4) A person is disqualified from being employed in a customer service capacity in connection with a motor car trader's business unless the person gives the motor car trader—
(a) before starting employment, a police check that is not more than 6 months old; or
(b) within 6 weeks after starting employment, a police check that is not more than 6 weeks old.
(5) In this section—
"customer service capacity" means any position that requires the holder of the position to deal with members of the public who are buying, selling or exchanging motor cars or who are seeking to buy, sell or exchange motor cars;
"police check" means a certificate from the Chief Commissioner of Police that indicates that the person is not ineligible to be employed by a motor car trader in a customer service capacity under subsection (1)(b).".