Disciplinary powers

Disciplinary powers of the Motor Vehicle Industry Board and State Administrative Tribunal

The Motor Vehicle Industry Board does not have the power to hold disciplinary hearings or impose penalties on persons for breaches of the Motor Vehicle Dealers Act.

However, the Board may initiate disciplinary action by referring matters to the State Administrative Tribunal. Matters that can be referred include allegations where a person:

Has contravened or failed to comply with a provision of the Act or a condition of their licence;
Has done or omitted to do anything or engaged in conduct, which in the opinion of the Board renders the person unfit to hold a licence; or
Has insufficient resources to hold a licence or registration, in which case the order will be for disqualification.

The State Administrative Tribunal can make orders to:

Disqualify a person from holding or obtaining a licence (whether or not they held a licence at the time of the order) for a certain period, or until the Board makes a further order;
Impose a fine:

$1,500 in the case of a salesperson or yard manager;
$5,000 in the case of a dealer or car market operator;

Attach or amend licence conditions or restrictions;
Reprimand or caution a person; or
Make combinations of the orders above.