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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 106
Undertakings by licence holder
(1) If it appears to the Secretary that a licence holder has, in the course of
business, repeatedly engaged in unjust conduct, the Secretary may, with the
consent of the Minister-- (a) request the licence holder to execute a deed in
terms approved by the Secretary under which the licence holder gives
undertakings as to-- (i) the discontinuance of the unjust conduct, and
(ii)
the licence holder's future conduct, and
(iii) the action the licence holder
will take to rectify the consequences of the licence holder's unjust conduct,
or
(b) apply to the Tribunal under this Division.
(2) If the Secretary makes
a request or application under this section, it is presumed, unless the
contrary is proved, that the Secretary does so with the authority of the
Minister.
(3) The following actions must not be taken against a
licence holder, in respect of conduct the subject of undertakings in a deed
approved under this section, if the licence holder observes the undertakings--
(a) disciplinary action under this Act,
(b) an application to the Tribunal
for an order under this Division.
(4) A licence holder who executes a deed
under this Division must observe the undertakings given by the licence holder
in the deed. : Maximum penalty--20 penalty units.
(5) A prosecution for an
offence under subsection (4) may be instituted only by the Secretary with the
leave of the Tribunal given when making an order under section 108.
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