Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 18

Death, disability etc. of registered person

18. Death, disability etc. of registered person



(1) The following persons may carry on the second-hand dealing or pawnbroking
business of a person who was registered under this Part for 30 days after the
person ceases to be registered-

   (a)  if the person dies, the executor named in the person's will or the
        administrator of the person's estate or any person who intends
        applying for letters of administration in relation to the person's
        estate;

   (b)  if the person becomes an insolvent under administration, the assignee,
        trustee or receiver of the person;

   (c)  if the person becomes a represented person within the meaning of the
        Guardianship and Administration Act 1986, the guardian or
        administrator of the person or any person nominated by the guardian or
        administrator;



   (d)  if the person becomes an externally-administered body corporate, the
        liquidator, official manager, receiver, receiver and manager or other
        external administrator.

(2) If a person authorised to carry on a business applies to the Authority
within the 30 day period for permission to carry on the business for a longer
period, the person may continue to carry on the business until the Authority
makes a decision on the application.

(3) The Authority may grant an application if it is satisfied that it is not
contrary to the public interest to do so.

(4) In granting its permission, the Authority may limit it in any way it
thinks appropriate and may impose any conditions it thinks appropriate to
ensure the ongoing protection of the public interest.

(5) The Authority may at any time withdraw any permission it has granted under
this section or limit, or impose, revoke or vary conditions on, any such
permission.

(6) A person who has been granted permission under this section must comply
with any limitation or condition that applies to the permission.

Penalty: 50 penalty units.

(7) A person who carries on a second-hand dealing business under this section
is deemed, for the purposes of this Act, to be a registered second-hand dealer
on the same terms and conditions as applied to the person who has ceased to be
registered.

(8) A person who carries on a pawnbroking business under this section is
deemed, for the purposes of this Act to be an endorsed pawnbroker on the same
terms and conditions as applied to the person who has ceased to be registered.

Division 2-Disciplinary action