South Australian Consolidated Acts South Australian Consolidated Acts139BD—Service and commencement of notices of disqualification
(1) A
notice of disqualification authorised or required to be given under this Act
must be given in accordance with this section.
(2) A
notice of disqualification must in the first instance be sent by post,
addressed to the person to whom it is required to be given, at his or her last
known postal address.
(3) The Registrar
must, in the notice—
(a)
require the person—
(i)
to attend, within the period specified in the notice, at
a specified place of a kind prescribed by the regulations to personally
acknowledge receipt of the notice in accordance with the notice; and
(ii)
to pay to the Registrar, in accordance with the notice,
the administration fee prescribed by the regulations; and
(b)
inform the person that if he or she fails to comply with the requirements of
the notice—
(i)
another notice of disqualification will be issued and
served on the person personally; and
(ii)
the person will be liable to pay a service fee of the
amount prescribed by the regulations; and
(iii)
the Registrar may refuse to enter into any transaction
with the person until the person pays the service fee; and
(c)
inform the person that if another notice of disqualification is issued and an
attempt to serve the notice personally is unsuccessful, the Registrar may
refuse to enter into any transaction with the person until the person pays the
service fee and personally acknowledges receipt of the notice in accordance
with the notice.
(4) If a person to
whom a notice of disqualification is posted fails to comply with a requirement
made under subsection (3) within the period specified in the
notice—
(a) the
notice is to be taken for the purposes of this Act not to have been given to
the person; and
(b)
the Registrar must issue another notice of disqualification and cause it to be
served on the person personally.
(5) If an attempt is
made to effect personal service of a notice of disqualification—
(a)
the Registrar may, if the attempt is successful, refuse to enter into any
transaction with the person to whom the notice was given until the person pays
the service fee prescribed by the regulations; or
(b)
the Registrar may, if the attempt is unsuccessful, refuse to enter into any
transaction with the person to whom the notice is required to be given
until—
(i)
the person personally acknowledges receipt of the notice
in accordance with the notice; and
(ii)
the person pays the service fee prescribed by the
regulations.
(6) For the purposes
of this Act, a notice of disqualification is to be taken to have been given to
a person—
(a) in
the case of a notice receipt of which is personally acknowledged by the person
as required by the notice—on the day on which receipt of the notice is
so acknowledged; or
(b) in
the case of a notice that is served on the person personally—on the day
on which the notice is so served.
(7) A
notice of disqualification must specify when the notice will take effect in
accordance with this section.
(8) Subject to
subsection (9), a notice of disqualification takes effect as follows:
(a) in
the case of a notice receipt of which is personally acknowledged by a person
as required by the notice—28 days after the day specified in the
notice;
(b) in
the case of a notice that is served on a person personally—28 days
after the day on which the notice is so served.
(9) If, at the time
that a notice of disqualification is due to take effect, the person is already
disqualified from holding or obtaining a licence or permit, the notice of
disqualification will instead take effect on the termination of that prior
disqualification.
(10) If the Registrar
considers that there are proper reasons for doing so, the Registrar may, at
any time before a notice of disqualification takes effect, reissue the notice.
(11) In this
section—
"notice of disqualification" means a notice under section 81B(1),
81BA(4), 81BB(8), 81C(2), 81D(2), 98BD(2) or 98BE(2a).