Prohibited employees
35A Prohibited employees
A motor car trader must not employ in any customer service capacity in connection with her, his or its business any person who the motor car trader knows—
has had a claim admitted against the Fund (unless the person has obtained permission under section 29A);
S. 35A(1)(ab) inserted by No. 4/2008 s. 12(1).
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);
S. 35A(1)(b) amended by No. 8/2003 s. 69.
has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless the person has obtained permission under section 29B);
is for the time being disqualified from holding a licence;
S. 35A(1)(d) amended by No. 4/2008 s. 12(2).
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).
S. 35A(1)(e) repealed by No. 4/2008 s. 12(3).
* * * * *
- 100 penalty units.
A person who is not permitted to be employed in a customer service capacity by a motor car trader by this section must not participate in a customer service capacity in the business of a motor car trader.
- 100 penalty units.
S. 35A(3) substituted by No. 4/2008 s. 12(4).
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—
has had a claim admitted against the Fund;
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;
has, within the last 10 years, been convicted or found guilty of a serious offence (whether or not a conviction was recorded);
is for the time being disqualified from holding a licence;
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);
has obtained permission under section 29A or 29B in relation to a matter referred to in paragraphs (a) to (c).
- 50 penalty units.
S. 35A(4) inserted by No. 4/2008 s. 12(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—
before starting employment, a police check that is not more than 6 months old; or
within 6 weeks after starting employment, a police check that is not more than 6 weeks old.
S. 35A(5) inserted by No. 4/2008 s. 12(4).
In this section—
S. 35A(5) def. of customer service capacity substituted by No. 50/2014 s. 38.
customer service capacity means any position that requires the holder of the position to buy, sell or exchange motor cars, or to seek to buy, sell or exchange motor cars, on behalf of the motor car trader;
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).
S. 35B inserted by No. 74/1996 s. 23.
This provision refers to the regulations (prescribed form
). Made under this Act:
- Motor Car Traders (Fees) Regulations 2018 · under section 90
- Motor Car Traders Regulations 2018 · under section 90
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