The Director of Fair Trading (as delegated) can cancel or refuse a business licence and/or salesperson registration.
The Director of Fair Trading (as delegated) may cancel or refuse a business licence and/or salesperson registration when:
- The business and/or salesperson has not met all licensing requirements.
- The business and/or salesperson has violated the Consumer Protection Act (formerly the Fair Trading Act) and regulations.
Before refusing to issue or renew a licence and before a licence is suspended or cancelled or terms or conditions are imposed, the applicant or licensee must be given:
(a) written notice of the proposed refusal, suspension or cancellation or the proposed terms and conditions with reasons, and
(b) an opportunity to make representations to the Director.
- However, the Director may suspend the licence of a licensee without notice or an opportunity to make representations if the licensee is being investigated under this Act and the Director is of the opinion that the licensee has misappropriated or will misappropriate funds that the licensee is required to hold in trust.
A person or publisher who is subject to an order under this section may appeal under section 179(1) of the Consumer Protection Act (formerly the Fair Trading Act) within 30 days after being notified in writing of the decision or order or being given the notice of administrative penalty.