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s 105

Certain offences by licensees, additional sentencing powers for

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Part VIIDiscipline of agents and sales representatives

105 Certain offences by licensees, additional sentencing powers for

(1)

Where a licensee who has been convicted of any other offence against this Act is within 12 months thereafter convicted of a second or any subsequent offence of any kind against this Act, or where a licensee is convicted, whether summarily or on indictment of an offence involving moral turpitude, or dishonouring him in the public estimation, the court convicting him may, if it thinks fit, in addition to any other penalty, do any one or more of the following things —

(a)

reprimand or caution the licensee;

(b)

impose a fine not exceeding $10 000 on him;

(c)

suspend or cancel his licence or any triennial certificate in respect thereof and, in addition, disqualify him either temporarily or permanently, or until the fulfilment of any conditions which may be imposed by the court or until further order of the court, from holding a licence or triennial certificate or both,

and when the court does so, the registrar of the court shall forthwith notify the Commissioner accordingly.

(2)

The disciplinary powers conferred on a court by subsection (1) are concurrent with the disciplinary powers conferred on the State Administrative Tribunal by this Part, but those respective powers shall not both be exercised in respect of particulars of an offence or offences of the licensee that are substantially the same.

[Section 105 amended: No. 43 of 1994 s. 11; No. 55 of 2004 s. 1020; No. 59 of 2004 s. 141; No. 58 of 2010 s. 134.]

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