Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 26WA

Powers of court if requirement to produce information not complied with

26WA. Powers of court if requirement to produce information not complied with



(1) If the Director is satisfied that a person has, without reasonable excuse,
failed to comply with a requirement under section 26G, the Director may
certify that failure to a court.

(2) Subject to subsection (3), if an inspector is satisfied that a person has,
without reasonable excuse, failed to comply with a requirement of the
inspector under section 26D, 26E, 26G or 26T, the inspector may certify that
failure to a court.

(3) The inspector cannot certify a failure to a court under subsection (2) if
the person to whom the failure relates has been charged with an offence
against section 26U.

(4) If the Director or an inspector so certifies under subsection (1) or (2),
the court may inquire into the case and may order the person to comply with
the requirement within the period specified by the court.

(5) If a proceeding is brought under this section in relation to a failure to
comply with a requirement, a person to whom the failure relates cannot be
charged with an offence against section 26U in respect of that failure.