Before section 20 of the Principal Act , the following sections are inserted in Division 5:

19A.     Director may cancel automatic deemed registration in certain circumstances

(1)  The Director may make a determination to cancel a motor vehicle trader licence held by a person by virtue of holding deemed registration, if –

(a) the person has not attained 18 years of age; or

(b) the person is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration or estate for the benefit of creditors; or

(c) the person, within the immediately preceding 5 years has been convicted of an offence involving theft, fraud or other dishonesty that is punishable by imprisonment for a term of 3 years or more; or

(d) the person is subject to a restriction order under the Sentencing Act 1997 or the Criminal Justice (Mental Impairment) Act 1999 or a similar order made under the law of another jurisdiction in Australia or elsewhere; or

(e) the person –

(i) is a represented person within the meaning of the Guardianship and Administration Act 1995 ; or

(ii) is the subject of an order or other determination made under the law of another jurisdiction in Australia or elsewhere that is similar in effect to an order under section 20 , 51 or 65 of the Guardianship and Administration Act 1995 .

(2)  In addition to the matters referred to in this section, the Director may make a determination to cancel a motor vehicle trader licence, held by a person by virtue of holding deemed registration, having regard to –

(a) whether the person, within the immediately preceding 3 years, has –

(i) in Tasmania, been refused a motor vehicle trader licence or had a motor vehicle trader licence cancelled; or

(ii) in another jurisdiction in Australia or elsewhere, been refused a licence or other authority that would authorise the person to deal in motor vehicles, or had such a licence or other authority suspended or cancelled; or

(b) whether the person, within the immediately preceding 5 years, has been convicted of an offence against –

(i) this Act; or

(ii) the Consumer Affairs Act 1988 ; or

(iii) the Fair Trading Act 1990 ; or

(iv) the Australian Consumer Law (Tasmania) Act 2010 ; or

(c) in the case of an individual, whether the person –

(i) within the immediately preceding 5 years, has been declared bankrupt; or

(ii) was a director or chief executive officer of a body corporate at a time, within the immediately preceding 5 years, when the body corporate became subject to external administration under the Corporations Act; or

(iii) was a partner in a partnership at a time, within the immediately preceding 5 years, when in relation to the partnership business a partner assigned any of his or her remuneration or estate, or any of his or her property or the property of the partnership, for the benefit of the creditors of the partnership business; or

(d) any other matter that the Director considers relevant.

(3)  If the Director makes a determination in respect of the person under this section, the Director is to notify the person of the determination.

(4)  A notification under subsection (3) is to be in a form approved by the Director and is to contain the reasons why the Director made the determination to cancel the motor vehicle trader licence held by a person by virtue of holding deemed registration.

19B.     Director may obtain police report for purposes of section 19A

(1)  For the purposes of a determination under section 19A, the Director may request the person referred to in that section to authorise the Director to obtain reports from –

(a) the Commissioner of Police, in respect of convictions and proceedings taken against the person in this State; and

(b) a person holding an office in another State or a Territory that corresponds to the office of Commissioner of Police in this State, in respect of convictions and proceedings taken against the person in that other State or that Territory; and

(c) the Australian Federal Police, in respect of convictions and proceedings taken against the person in this State.

(2)  For the purposes of making an investigation in relation to the making of determination under section 19A, the Director may refer to the Commissioner of Police –

(a) the name of the person; and

(b) any information and documentation that the Director considers relevant to the investigation.

(3)  The Commissioner of Police must inquire into, and report to the Director on, any matters concerning the person that the Director requests.

(4)  In this section, a reference to a person includes –

(a) in the case of a person who is a partner in a partnership that deals, or intends to deal, in motor vehicles, a reference to each partner in the partnership; and

(b) in the case of a person that is a body corporate, a reference to the chief executive officer and each director of the body corporate.