Victorian Numbered Acts

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MOTOR CAR TRADERS AMENDMENT ACT 2008 (NO. 4 OF 2008) - SECT 7

Grant or refusal of licences

    (1)     In section 13(3) of the Principal Act, for "a hearing" substitute "an oral hearing".

    (2)     In section 13(4)(m) of the Principal Act, for "29A)." substitute "29A); or".

    (3)     After section 13(4)(m) of the Principal Act insert

    "(n)     the applicant 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 applicant has obtained permission under section 29A).".

    (4)     For sections 13(5)(a) and 13(5)(b) of the Principal Act substitute

    "(a)     is an associate (within the meaning of section 13A) of a person—

              (i)     who has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded); or

              (ii)     who has had a claim admitted against the Fund; or

              (iii)     who the Authority is satisfied would not be a fit and proper person to be a licensee if the person were to apply for a licence personally; or

        (b)     is an associate (within the meaning of section 13A) of a body corporate that has as a director or secretary a person—

              (i)     who has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded); or

              (ii)     who has had a claim admitted against the Fund; or

              (iii)     who the Authority is satisfied would not be a fit and proper person to be a licensee if the director or secretary were to apply for a licence personally; or".

    (5)     After section 13(6)(l)(iii) of the Principal Act insert

    "(iiia)     is or was a partner or director of, or a person concerned in the management of, another 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); or".



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