South Australian Consolidated Acts

SECOND-HAND VEHICLE DEALERS ACT 1995 - SECT 9

9—Entitlement to be licensed

        (1)         A natural person is entitled to be licensed as a dealer if the person—

            (a)         is of or above the age of 18 years; and

            (b)         has not—

                  (i)         been convicted of an indictable offence of dishonesty; or

                  (ii)         during the period of 10 years preceding the application for a licence, been convicted of a summary offence of dishonesty; and

            (c)         is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and

            (d)         is not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and

            (e)         has not, during the period of five years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors—

                  (i)         when the body was being so wound up; or

                  (ii)         within the period of six months preceding the commencement of the winding up; and

            (f)         is a fit and proper person to be the holder of a licence.

        (2)         A body corporate is entitled to be licensed as a dealer if—

            (a)         the body corporate—

                  (i)         is not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and

                  (ii)         is not being wound up and is not under official management or in receivership; and

            (b)         no director of the body—

                  (i)         has—

                        (A)         been convicted of an indictable offence of dishonesty; or

                        (B)         during the period of 10 years preceding the application for a licence, been convicted of a summary offence of dishonesty; or

                  (ii)         is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or

                  (iii)         has, during the period of five years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors—

                        (A)         when the body was being so wound up; or

                        (B)         within the period of six months preceding the commencement of the winding up; and

            (c)         each director of the body is a fit and proper person to be the director of a body that is the holder of a licence.