Victorian Consolidated Legislation

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

Determination of disciplinary measures by Tribunal

18B. Determination of disciplinary measures by Tribunal



(1) After conducting an inquiry, if the Tribunal is satisfied that there are
grounds for taking action under this section against a person who is a
registered second-hand dealer or an endorsed pawnbroker, the Tribunal may do
one or more of the following-

   (a)  reprimand the person;

   (b)  order the person to pay into the Consolidated Fund a penalty not
        exceeding an amount that is 50 times the value of a penalty unit fixed
        by the Treasurer under section 5(3) of the Monetary Units Act 2004;

   (c)  require the person to comply within, or for, a specified time with a
        requirement specified by the Tribunal;

   (d)  suspend for a specified period not exceeding 1 year-

   (i)  the registration of the person; or

   (ii) the endorsement of the person;

   (e)  require the person to enter into an undertaking to perform, or not to
        perform, certain tasks to be specified in the undertaking;

   (f)  impose a condition on the registration or endorsement of the person;

   (g)  if the ground for taking action under this section involved one or
        more people losing money, order the person to pay compensation to one
        or more of those people, but not so that the total amount the person
        must pay under this paragraph is more than $5000.

(2) As an alternative to taking action under one or more of subsections
(1)(a), (b), (c), (d) and (f), the Tribunal may-

   (a)  cancel the registration of the registered second-hand dealer or
        endorsed pawnbroker; or





   (b)  cancel the endorsement of the endorsed pawnbroker-

and disqualify the second-hand dealer or pawnbroker (and any partner or
director of the second-hand dealer or pawnbroker) from being registered or
endorsed, as the case may be, either permanently or for a specified period.

(3) If the Tribunal orders the payment of an amount under subsection (1)(b) or
(g)-

   (a)  it may order that the amount be paid by a specified date; and

   (b)  if the amount is not paid by that date, it may suspend the
        registration or the endorsement, as the case may be, until the amount
        is paid and set a final payment date; and

   (c)  if the amount has not been paid by that final payment date, it may
        cancel the registration or the endorsement, as the case may be; and

   (d)  it may extend any period of time it sets under paragraph (a) or (b) at
        any time.

(4) The Tribunal may suspend or cancel-

   (a)  the registration of a second-hand dealer or pawnbroker; or

   (b)  the endorsement of a pawnbroker-

under subsection (3) without giving the second-hand dealer or pawnbroker an
opportunity to be heard.

(5) If the Tribunal suspends or cancels-

   (a)  the registration of a second-hand dealer or pawnbroker; or

   (b)  the endorsement of a pawnbroker-

the suspension or cancellation takes effect on and from the date determined by
the Tribunal.

(6) If under subsection (1)(c), the Tribunal requires a registered second-hand
dealer or an endorsed pawnbroker to comply with a requirement specified by it,
the registered second-hand dealer or endorsed pawnbroker must comply with the
requirement within or for the time specified by the Tribunal under that
paragraph.