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