NTIn ForceAct
Consumer Affairs and Fair Trading Act 1990
259Grant of licences
Start here
Get a plain-English read of 259
Turn the raw legal text into a practical explanation grounded in Consumer Affairs and Fair Trading Act 1990.
259 Grant of licences
The Director may grant a licence if the Director is satisfied:
(a) that, where the applicant is a natural person or a partnership –
the person or each partner in the partnership has attained the
age of 18 years; and
(b) that there is sufficient evidence as to the identity of the
applicant; and
(c) that the applicant has not been convicted of an offence
prescribed for the purposes of this paragraph; and
(e) that the time for the lodgement of objections has passed and
either:
(i) no objection to the application has been made; or
(ii) each objection has been adequately investigated and
that the investigation results justify the grant of the
licence; and
(f) that the applicant is of good character and is in all respects a
fit and proper person to hold a licence; and
(g) that there will be during the licence period, adequate
management, supervision and control of the business
operations that are the subject of the application; and
(h) that during the licence period the applicant will be able to
comply with:
(i) the provisions of this Part; and
(ii) any condition or restriction to which the licence is likely
to be subject; and
(j) that the applicant has, or is able to obtain, the means to
provide information in accordance with section 316; and
(k) that the applicant is not:
(i) an insolvent under administration within the meaning of
the Corporations Act 2001; or
(ii) subject to a type of external administration referred to in
Chapter 5 of the Corporations Act 2001; and
Consumer Affairs and Fair Trading Act 1990 100
(m) that there is, in relation to the applicant, no charge pending for
an offence involving dishonesty, fraud or stealing, an offence
of a nature that renders the applicant unsuitable to hold a
licence or that is prescribed for the purposes of paragraph (c);
and
(n) where the applicant has been found guilty of an offence, that:
(i) the circumstances of the applicant's involvement in the
commission of the offence; or
(ii) the period of time between the finding and the
application;
do not render the applicant unsuitable to hold a licence; and
(p) that the applicant has not been involved in conduct of a nature
that renders the applicant unsuitable to hold a licence; and
(q) in the case of an application for a pawnbroker's licence or a
pawnbroker/second-hand dealer's licence, that there are
adequate arrangements for the safekeeping of pawned goods;
and
(r) that at the time of the application:
(i) the applicant is not disqualified from holding the type of
licence applied for; and
(ii) a licence of the type applied for held by the applicant is
not suspended; and
(s) of such other matters as may be prescribed; and
(t) that there is no other good reason why the licence should not
be granted.