New South Wales Consolidated Acts

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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 42

Power to suspend licence when show cause notice given

42 Power to suspend licence when show cause notice given

(1) When a show cause notice is given to a person, the Secretary may by notice in writing to the person suspend the person's licence pending a determination by the Secretary of whether to take disciplinary action under this Act against the person.
(2) The Secretary may suspend a licence under this section only if satisfied that the grounds for disciplinary action specified in the show cause notice would, if established, justify the suspension or cancellation of the licence.
(3) The suspension must not be for a period of more than 60 days after the show cause notice is given.
(4) The Secretary is not required to give a person an opportunity to be heard before taking action against the person under this section.
(5) The Secretary can revoke a suspension under this section at any time by notice in writing to the suspended person.
(6) This section does not limit or otherwise affect any power to suspend a licence under section 79A of the Fair Trading Act 1987 .



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