Motor Vehicle Traders Act 2011

A person is not a fit and proper person to hold a motor vehicle trader licence if – in the case of – an individual, the individual has not attained 18 years of age; or a body corporate, the chief executive officer of the body corporate has not attained 18 years of age; or the person, within the immediately preceding 5 years – has been convicted of an offence involving theft, fraud or other dishonesty that is punishable by a term of imprisonment of 3 years or more; or has completed serving a term of imprisonment for such an offence; or the person is subject to a restriction order under the Sentencing Act 1997 or the Criminal Justice (Mental Impairment) Act 1999 or a similar order made under the law of another jurisdiction in Australia or elsewhere; or the person – is a represented person within the meaning of the Guardianship and Administration Act 1995; or is the subject of an order or other determination made under the law of another jurisdiction in Australia or elsewhere that is similar in effect to an order under section 20, 51 or 65 of the Guardianship and Administration Act 1995; or the person – is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration or estate for the benefit of creditors; or is an externally administered body corporate within the meaning of the Corporations Act; or the person is a partner in a business partnership where another partner is not a fit and proper person to hold a motor vehicle trader licence; or the person is a chief executive officer or director of a body corporate that – is not a fit and proper person to hold a motor vehicle trader licence; or has as chief executive officer or director a person who is not a fit and proper person to hold a motor vehicle trader licence; or the person is a person of a prescribed class; or the Director otherwise determines that the person is not a fit and proper person to hold a motor vehicle trader licence.

For the purposes of subsection (1)(b)(ii), a person who, after serving part of a term of imprisonment to which he or she has been sentenced, is released on parole is taken to be still serving the term of imprisonment while on parole.

In determining, for the purposes of subsection (1)(i), whether or not a person is a fit and proper person to hold a motor vehicle trader licence, the Director is to have regard to – whether the person, within the immediately preceding 3 years, has – in Tasmania, been refused a motor vehicle trader licence or had a motor vehicle trader licence cancelled; or in another jurisdiction in Australia or elsewhere, been refused a licence or other authority that would authorise the person to deal in motor vehicles, or had such a licence or other authority suspended or cancelled; or whether the person, within the immediately preceding 5 years, has been convicted of an offence against – this Act; or the Consumer Affairs Act 1988; or the Fair Trading Act 1990; or the Australian Consumer Law (Tasmania) Act 2010; or the Trade Practices Act 1974 of the Commonwealth; or in the case of an individual, whether the person – within the immediately preceding 5 years, has been declared bankrupt; or was a director or chief executive officer of a body corporate at a time, within the immediately preceding 5 years, when the body corporate became subject to external administration under the Corporations Act; or was a partner in a partnership at a time, within the immediately preceding 5 years, when in relation to the partnership business a partner assigned any of his or her remuneration or estate, or any of his or her property or the property of the partnership, for the benefit of the creditors of the partnership business; or any other matter the Director considers relevant.