New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 108

108 Restraint of unjust conduct

(1) The Tribunal may, on the application of the Secretary, order a licence holder to refrain from engaging in unjust conduct in the course of carrying on business as a motor dealer, motor vehicle repairer or motor vehicle recycler, if it is satisfied after inquiry that a licence holder has repeatedly engaged in unjust conduct.

(2) The Tribunal may, on the application of the Secretary, if it is satisfied that a licence holder has failed to observe an undertaking given by the licence holder in a deed executed under this Division--

(a) order the licence holder to refrain from engaging in unjust conduct in the course of carrying on business as a motor dealer, motor vehicle repairer or motor vehicle recycler, and

(b) in the case of an undertaking relating to action to rectify the consequences of the licence holder's unjust conduct, order the licence holder to observe the undertaking within the time specified by the Tribunal in the order.

(3) If the licence holder is a body corporate and the Tribunal is satisfied that the unjust conduct or breach of undertaking concerned was engaged in with the consent or connivance of a person who, at the time of the conduct or breach was a director of, or a person concerned in the management of, the body corporate, the Tribunal may make an order prohibiting the person from consenting to, or conniving at, engagement in unjust conduct, or a breach of an undertaking under this Division, by the body corporate or any other body corporate of which the person is a director or in the management of which the person is concerned.

(4) An order under this section may be made subject to such conditions as the Tribunal thinks fit.

(5) Without limiting subsection (4), the Tribunal may impose conditions of the following kinds--

(a) conditions as to the duration of the order,

(b) conditions as to the future conduct of the person subject to the order,

(c) conditions specifying the action to be taken by the licence holder to rectify the consequences of the licence holder's conduct.