New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 25

25 Grounds for refusal--licences other than tradespersons' certificates

(1) This section applies to motor dealers' licences, motor vehicle repairers' licences and motor vehicle recyclers' licences.

(2) The Secretary must not grant a licence to an individual if the Secretary is satisfied of any of the following--

(a) that the applicant is not over the age of 18,

(b) that the applicant is not a fit and proper person to hold a licence,

(c) that the applicant is a controlled member of a declared organisation,

Note : Controlled members are prohibited from applying for licences--see section 27 of the Crimes (Criminal Organisations Control) Act 2012 .

(d) that the applicant is an undischarged bankrupt,

(e) that the applicant does not have the qualifications, if any, prescribed by the regulations for the purposes of the licence concerned,

(f) that the applicant has (as an adult) been found guilty, within the preceding 10 years, of a motor vehicle stealing offence.

(3) The Secretary must not grant a licence to an applicant that is a body corporate if the Secretary is satisfied of any of the following--

(a) a director or person involved in the management of the body corporate, or any other person who appears to the Secretary to have control or substantial control of the body corporate, would, if the director or person applied for the licence as an individual, be prohibited by this section from being granted the licence,

(b) the officers of the body corporate do not have the qualifications, if any, prescribed by the regulations for the purposes of the licence concerned,

(c) the reputation of the body corporate is such that it is not a fit and proper person to hold a licence.

(4) The Secretary must not grant a licence to any applicant, if the Secretary is satisfied of any of the following--

(a) that the applicant is not likely to carry on the business for which the licence is sought honestly and fairly,

(b) that the carrying on of the business at any place to which the application for the licence relates is unlawful for any reason.

(5) The Secretary may refuse to grant a licence to an applicant if the Secretary is satisfied of any of the following--

(a) that a close associate of the applicant is not a fit and proper person to hold a licence,

(b) that there is another licence in force in relation to the whole or a part of a place of business to which the application for the licence relates.

(6) In this Act--

"motor vehicle stealing offence" means an offence of, or relating to--

(a) stealing a motor vehicle (within the meaning of Division 5A of Part 4 of the Crimes Act 1900 ), or

(b) receiving, or unlawful possession of, a motor vehicle within the meaning of Division 5A of Part 4 of the Crimes Act 1900 or a motor vehicle part.

Note : Section 18 of the Licensing and Registration (Uniform Procedures) Act 2002 contains the power to determine a licence application.