Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 6

Eligibility for registration

6. Eligibility for registration









(1) A person is not eligible to be registered or for an endorsement of the
registration under this Part if-

   (a)  the person or, if the person is a body corporate, a director of the
        person, is a represented person within the meaning of the
        Guardianship and Administration Act 1986; or

   (b)  the person is an insolvent under administration or an
        externally-administered body corporate.

(2) Unless a person obtains the Authority's permission under section 10A, the
person is not eligible to be registered or for an endorsement of the
registration under this Part if-

   (a)  the person or an associate of the person or, if the person is a body
        corporate, a director or an associate of a director of the person has,
        within the preceding 5 years in Australia or elsewhere, been convicted
        or found guilty of a disqualifying offence; or

   (ab) a body corporate has, within the preceding 5 years in Australia or
        elsewhere, been convicted or found guilty of a disqualifying offence
        and the person was a director of the body corporate at the time the
        disqualifying offence was committed; or

   (b)  the person or an associate of the person or, if the person is a body
        corporate, a director or an associate of a director of the person has
        carried on any occupation, profession or business that is regulated
        under any enactment of Victoria or of the Commonwealth or of another
        State or a Territory of Australia and under that enactment-

   (i)  the person's licence, registration or permission to carry on that
        occupation, profession or business is suspended; or

   (ii) the person's licence, registration or permission to carry on that
        occupation, profession or business has been cancelled at any time in
        the preceding 5 years; or

   (iii) the person is disqualified from carrying on that occupation,
        profession or business or has been so disqualified at any time in the
        preceding 5 years; or

   (ba) a body corporate has carried on any occupation, profession or business
        that is regulated under any enactment of Victoria or of the
        Commonwealth or of another State or a Territory of Australia and under
        that enactment-





   (i)  the body corporate's licence, registration or permission to carry on
        that occupation, profession or business is suspended; or

   (ii) the body corporate's licence, registration or permission to carry on
        that occupation, profession or business has been cancelled at any time
        in the preceding 5 years; or

   (iii) the body corporate is disqualified from carrying on that occupation,
        profession or business or has been so disqualified at any time in the
        preceding 5 years-

and the person was a director of the body corporate at the time of the conduct
which resulted in the suspension, cancellation or disqualification; or

   (c)  an associate of the person or, if the person is a body corporate, a
        director or an associate of a director of the person is an insolvent
        under administration or an externally-administered body corporate.