Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 10

Automatic cancellation of registration

10. Automatic cancellation of registration



(1) A person's registration under this Part is automatically cancelled if-

   (a)  the person or, if the person is a body corporate, a director of the
        person, becomes a represented person within the meaning of the
        Guardianship and Administration Act 1986; or

   (b)  the person becomes an insolvent under administration or an
        externally-administered body corporate.

(2) Subject to subsection (4), a person's registration under this Part is
automatically cancelled 30 days after-

   (a)  the person or an associate of the person or, if the person is a body
        corporate, a director or an associate of a director of the person is
        convicted or found guilty of a disqualifying offence; or

   (b)  the person or an associate of the person or, if the person is a body
        corporate, a director or an associate of a director of the person-

   (i)  carries on any occupation, profession or business that is regulated
        under any enactment of Victoria or of the Commonwealth or of another
        State or a Territory of Australia; and

   (ii) under that enactment has a licence, registration or permission to
        carry on that occupation, profession or business suspended or
        cancelled or is otherwise disqualified from carrying on that
        profession, occupation or business; or

   (c)  an associate of the person or, if the person is a body corporate, a
        director or an associate of a director of the person becomes an
        insolvent under administration or an externally-administered body
        corporate; or

   (d)  the person is notified in writing by the Authority that an associate
        of the person or, if the person is a body corporate, a director or an
        associate of a director of the person would, if the associate or
        director were to apply for registration under this Part, be ineligible
        to be so registered.

(3) For the purposes of subsection (2)(a), a conviction or finding of guilt
takes effect at the conclusion of the proceedings, whether on appeal or
otherwise, or at the end of any appeal period, whichever is the later.

(4) If a person whose registration would otherwise be cancelled by subsection
(2) applies for permission under section 10A within the 30 day period referred
to in that subsection, the person's registration is only automatically
cancelled if the application is withdrawn or refused by the Authority.