Disqualification from Holding a Certificate or Licence

The Secondhand Dealers and Pawnbrokers Act 2004 (the Act) lists the things that disqualify a person from being granted a certificate or individual licence and for a company being granted a company licence. 

The grounds for disqualification for individuals are in section 22 of the Act with further disqualifying criteria for company applicants in section 10(3).

If any of the grounds for disqualification apply to an applicant, the applicant must apply for waiver of disqualification, or their application will be declined. 

An application for waiver needs to include information that shows the applicant is suitable to be a responsible certificate or licence holder despite the grounds for disqualification that apply to them. Documentation such as references and certificates from courses they have attended will also be considered by the Authority.

The main disqualifying criteria are:

  1. Convictions for a specified offence in the last 5 years. Specified offences cover all offences of dishonesty under s 217 to 265 of the Crimes Act 1961 and offences and civil penalties under the Fair Trading Act 1986. They include:

    1. Theft and stealing
    2. Receiving stolen property
    3. Possession of instruments for conversion or burglary
    4. Dishonestly taking or using a document
    5. Burglary and robbery
    6. Assault with intent to rob
    7. Blackmail
    8. Obtaining by deception
    9. Accessing a computer for a dishonest purpose or without authorisation and interfering with computer systems
    10. Money laundering
    11. Forgery and using forged documents
    12. Altering, destroying or reproducing documents with intent to deceive
    13. False accounting
    14. Possessing forged bank notes
    15. Counterfeiting corporate seal or imitating authorised or customary marks.
    16. Misleading, deceptive or unconscionable conduct
    17. Pyramid selling
    18. Bait advertising
    19. Harassment and coercion in relation to supplying goods
    20. Unfair contract terms in consumer contracts
    21. Demanding payment or asserting the right for payment for unordered products or services.
  2. Convictions under the Secondhand Dealers and Pawnbrokers Act that are punishable by a fine of more than $2,000 in the last 5 years
  3. Being under the age of 18
  4. Having served a prison sentence within the last 5 years
  5. Had a certificate or licence cancelled in the last 5 years
  6. Holding a suspended certificate
  7. Was concerned in the management of a company that had their licence cancelled in the last 5 years. 

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