Australian Capital Territory Consolidated Acts

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SALE OF MOTOR VEHICLES ACT 1977 - SECT 13

Grant or refusal of licence

    (1)     The commissioner must grant a licence on application unless—

        (a)     the applicant for the grant of a licence fails to establish that the applicant is eligible for the grant of the licence; or

        (b)     the applicant does not comply with the requirements of—

              (i)     for an individual—section 10 (Applications for licences by individuals); or

              (ii)     for a corporation—section 11 (Applications for licences by corporations).

Note     Failure to grant a licence within a reasonable period is taken to be a decision not to grant the licence (see ACT Civil and Administrative Tribunal Act 2008 , s 12).

    (2)     However, the commissioner must refuse to grant a licence to an applicant—

        (a)     if—

              (i)     an objection is lodged in response to a notice mentioned in section 11B (Notification of application); and

              (ii)     the commissioner is satisfied on reasonable grounds that the objection is not frivolous or vexatious; or

        (b)     if the applicant is an individual—if—

              (i)     a police certificate indicates that the individual has been charged with, or convicted of, an offence; and

              (ii)     the commissioner is satisfied, because of the charge or conviction, that the individual is an unsuitable person; or

        (c)     if the applicant is an corporation—if—

              (i)     a police certificate indicates that the corporation, or an executive officer of the corporation, has been charged with, or convicted of, an offence; and

              (ii)     the commissioner is satisfied, because of the charge or conviction, that the corporation or executive officer is an unsuitable person.



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