Disciplinary action
30 Disciplinary action
S. 30(1) substituted by No. 52/1998 s. 158(1).
The Director or the Chief Commissioner of Police may apply at any time to the Tribunal to conduct an inquiry to determine whether there are grounds for taking action under section 31 against a licensee.
S. 30(2) amended by No. 52/1998 s. 158(2).
There are grounds for taking action under section 31 against a licensee if—
the licensee improperly obtained her, his or its licence; or
the licensee has failed to comply with this Act or the regulations; or
the licensee does not have, or is not likely to have, sufficient financial resources to enable the licensee to continue carrying on the business to which the licence relates; or
the licensee's motor car trading business is being carried on in a dishonest, unfair or inefficient manner; or
the licensee or a partner, director or officer of the licensee has engaged in discreditable conduct; or
the licensee or a partner or director of the licensee or a person concerned in the management of the licensee is not, or has ceased to be, a fit and proper person to be a licensee or a partner or director of a licensee; or
the premises of the licensee are not suitable to carry on the business of trading in motor cars; or
the effective control of the business to which the licence relates is not, or is unlikely to remain, with the licensee; or
the licensee would be refused a licence under section 13(4) or (6) for any other reason if the licensee were to apply for a new licence.
S. 30(3) amended by No. 52/1998 s. 158(3).
If an application for an inquiry is lodged, the principal registrar of the Tribunal must—
send a copy of the application to the licensee; and
advise the licensee and the person making the application in writing of when and where the inquiry will be held.
An inquiry must not start within 30 days of the date the application for the inquiry is lodged unless—
S. 30(4)(a) amended by No. 52/1998 s. 158(4).
the person who lodged the application, or the licensee, applies to the Tribunal for the inquiry to be started within that time; and
S. 30(4)(b) amended by No. 52/1998 s. 158(4).
the Tribunal is satisfied that there are exceptional circumstances.
S. 30(5) inserted by No. 12/2015 s. 12.
A reference to a licensee in this section includes a reference to any person who was a licensee at the time any ground referred to in subsection (2) existed or was alleged to exist, even if the person is not a licensee at the time the action under section 31 is taken.
S. 30A inserted by No. 74/1996 s. 16.
This provision refers to the regulations (the regulations
). Made under this Act:
- Motor Car Traders (Fees) Regulations 2018 · under section 90
- Motor Car Traders Regulations 2018 · under section 90
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.