Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 10A

Permission to be registered or to continue to be registered

10A. Permission to be registered or to continue to be registered



(1) A person who would otherwise be ineligible to be registered because of
section 6(2) may apply to the Authority for permission to be registered.

(2) A person whose registration would otherwise be cancelled by section 10(2)
may apply to the Authority for permission to continue to be registered.

(3) An application for permission must be-

   (a)  in a form approved by the Authority; and

   (b)  accompanied by the prescribed fee or, if no fee is prescribed, 15 fee
        units.





(4) The Authority may give its permission if it is satisfied-

   (a)  that it is not contrary to the public interest for it to do so; and

   (b)  if the person is ineligible for registration, or would have their
        registration cancelled, by reason of a suspension, cancellation or
        disqualification in respect of an occupation, profession or business,
        that special circumstances led to the suspension, cancellation or
        disqualification; and

   (c)  if the person is ineligible for registration, or would have their
        registration cancelled, by reason of a conviction or finding of guilt
        of a disqualifying offence, that-

   (i)  the offence was not related to conduct carried out by the person-

                (A)  while engaging in the business of a second-hand dealer or
                     pawnbroker; or

                (B)  as a director of a body corporate that engages in the
                     business of a second-hand dealer or pawnbroker; and

   (ii) special circumstances led to the offence.

(5) In considering an application under this section, the Authority may-

   (a)  conduct any inquiries it thinks fit;

   (b)  require the applicant to provide any further information that the
        Authority thinks fit in the manner required by the Authority;

   (c)  seek advice and information on the application from any other person
        or body as it thinks fit.

(6) The Authority may refuse to give permission if the applicant does not
provide the further information required within a reasonable time of the
requirement being made.

(7) The Authority is not required to conduct a hearing to determine whether or
not to give permission.