Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 18A

Disciplinary action

18A. Disciplinary action



(1) The Chief Commissioner of Police may apply at any time to the Tribunal to
conduct an inquiry to determine whether there are grounds for taking action
under section 18B against a registered second-hand dealer.

(2) The Director or the Chief Commissioner of Police may apply at any time to
the Tribunal to conduct an inquiry to determine whether there are grounds for
taking action under section 18B against an endorsed pawnbroker.

(3) There are grounds for taking action under section 18B against a person who
is a registered second-hand dealer or an endorsed pawnbroker if-

   (a)  the person improperly obtained or is improperly holding registration
        or endorsement under this Part; or

   (b)  the person has contravened or failed to comply with this Act or the
        regulations; or

   (c)  the person has been convicted or found guilty of an offence against
        this Act or the regulations; or

   (d)  the person's second-hand dealing or pawnbroking business is being
        carried on in a dishonest or unfair manner; or

   (e)  the person or a partner, director or officer of the person has engaged
        in discreditable conduct; or

   (f)  the effective control of the business to which the registration
        relates is not, or is unlikely to remain, with the person; or

   (g)  there has been a breach of a condition imposed by the Authority on the
        person's registration or endorsement.

(4) If an application for an inquiry is lodged under subsection (1) or (2),
the principal registrar of the Tribunal must-

   (a)  send a copy of the application to the registered second-hand dealer or
        the endorsed pawnbroker; and

   (b)  advise the registered second-hand dealer or the endorsed pawnbroker
        and the person making the application in writing of when and where the
        inquiry will be held.

(5) An inquiry must not start within 30 days of the date the application for
the inquiry is lodged unless-

   (a)  the person who lodged the application, or the registered second-hand
        dealer or the endorsed pawnbroker, applies to the Tribunal for the
        inquiry to be started within that time; and

   (b)  the Tribunal is satisfied that there are exceptional circumstances.