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Second-Hand Goods Act, 2009 (Act No. 6 of 2009)

Chapter 2 : Registration

10. Termination and cancellation of registration

 

1) Registration in terms of this Chapter terminates—
a) upon the expiry of the period referred to in section 7(5), unless it is renewed in terms of section 11;
b) in the event that the dealer stops trading or is unable to carry on business in terms of this Act or any other law; or
c) upon cancellation in terms of subsection (3).

 

2) If a dealer stops trading or is unable to carry on business in terms of this Act or any other law contemplated in subsection (1)(b), such dealer must immediately notify the National Commissioner.

 

3)
a) The National Commissioner may cancel the registration of a registered dealer if the dealer fails to comply with any—
i) condition of registration; or
ii) of the provisions of this Act;
b) The National Commissioner must cancel the registration of a registered dealer if the dealer—
i) is registered on the basis of incorrect or false information; or
ii) is convicted of an offence of which dishonesty is an element.

 

4) Before cancelling the registration of a dealer, the National Commissioner must—
a) give the dealer written notice of the intention to cancel;
b) give the dealer 30 days to submit written representations as to why his or her registration should not be cancelled; and
c) duly consider any such representations and the facts pertaining to the matter.

 

5) The National Commissioner must notify the dealer in writing of any decision taken under this section and state the reasons for and the date on which cancellation takes effect in such notice.

 

6) A dealer whose registration has terminated must immediately—
a) hand all certificates relating to the registration to the police official serving the notice contemplated in subsection (5); or
b) return all certificates to the National Commissioner in the event of termination contemplated in subsection (1)(a) or (b).