Second-Hand Vehicle Dealers Act 1995

If the Commissioner is of the opinion that—

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

it is likely that the dealer will continue to engage in that conduct; and

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—

suspend the dealer's licence for a specified period (not exceeding 6 months) or until the fulfilment of stipulated conditions; or

impose conditions on the dealer's licence.

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.

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).

A person whose licence has been suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to suspend the licence or to impose the conditions.

Subject to subsection (7), an application for review must be made within 1 month of the making of the Commissioner's decision.

The Commissioner must, if so required by the person whose licence has been suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision.

If the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.

This section applies in relation to conduct occurring before or after the commencement of this section.