Suspension, cancellation and disqualification
22 Suspension, cancellation and disqualification
Where it is alleged that a licensee —
has been guilty of improper conduct in relation to the carrying on of the business of an auctioneer; or
has been guilty of any offence involving dishonest or fraudulent conduct, or of an offence against this Act,
the Commissioner of Police, or a person authorised by him, may apply to the Magistrates Court for a summons requiring the licensee to appear before the court and show cause why the licence should not be suspended or cancelled, and why the licensee should not be disqualified either temporarily or permanently from holding or taking the benefit of a licence.
Where —
upon proof of the due service of the summons the court is satisfied that a person, firm or corporation has failed to appear to answer a summons issued under this section; or
the court is satisfied pursuant to a summons issued under this section that the holder of the licence, the firm or corporation named in the licence as that for the benefit of which it is to be used or the persons responsible for its management, is, are or have been during the currency of the licence guilty of conduct which would constitute grounds for a refusal to renew a licence; or
the holder of a licence or a firm or corporation named in a licence is convicted by a court of an offence against this Act,
that court may order that the licence be delivered up to the registrar of the court and suspended or cancelled and that the licensee be disqualified from holding or taking the benefit of a licence either for such period as the court specifies in the order or permanently.
A person who fails to deliver up his licence to the registrar of the court in accordance with the terms of an order made under this section commits an offence against this Act.
Penalty for this subsection: a fine of $25 000.
Where a court makes an order under this section the registrar of the court shall, as soon as practicable after the order is made, send a copy of the order to the Commissioner of Police.
A licence the operation of which is suspended under this section shall for the period of that suspension be deemed not to be in force.
Where a licensee is disqualified from holding or taking the benefit of a licence by an order of the court made under this section he or it shall not, for the period of that disqualification, be eligible to apply for any further or other licence under this Act.
For the purposes of this section the expression licensee includes any person, firm or corporation who or which is, or was during the period of 12 months immediately preceding, the holder of a licence or named in a licence.
[Section 22 amended: No. 59 of 2004 s. 141; No. 25 of 2019 s. 6.]
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