New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 176

176 Administrative reviews by Civil and Administrative Tribunal

(1) If the Secretary--

(a) refuses to grant an application for, or suspends or cancels, a licence, or

(b) imposes a condition on a licence, or

(c) imposes a disqualification referred to in Division 2 of Part 3,

the applicant for the licence, the licence holder or former licence holder or the person disqualified may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision of the Secretary.

(2) On an application for an administrative review of a decision of the Secretary to refuse to grant a licence because the applicant had been convicted of or found guilty of an offence the Tribunal may determine that the fact should be ignored on one or more of the following grounds--

(a) the triviality of the acts or omissions giving rise to the offence concerned,

(b) the time that has passed since the offence concerned was committed,

(c) the subsequent good behaviour of the offender,

(d) any other ground prescribed by the regulations.

(3) In determining an application for an administrative review of any decision to refuse to grant, or to cancel, a licence because of information provided to the Secretary by the Commissioner of Police, the Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013 )--

(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any criminal intelligence, and

(b) in order to prevent the disclosure of any criminal intelligence, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review and the applicant's representative and any other interested party,

unless the Commissioner of Police approves otherwise.