VICIn ForceAct
Second-Hand Dealers and Pawnbrokers Act 1989
10Automatic cancellation of registration
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10 Automatic cancellation of registration
(1) A person's registration under this Part is automatically cancelled if—
S. 10(1)(a) amended by No. 13/2019 s. 221(Sch. 1 item 45).
(a) the person or, if the person is a body corporate, a director of the person, becomes a represented person within the meaning of the **Guardianship and Administration Act 2019**; or
(b) the person becomes an insolvent under administration or an externally-administered body corporate.
(2) Subject to subsection (4), a person's registration under this Part is automatically cancelled 30 days after—
(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 is convicted or found guilty of a disqualifying offence; 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—
(i) carries 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
(ii) under that enactment has a licence, registration or permission to carry on that occupation, profession or business suspended or cancelled or is otherwise disqualified from carrying on that profession, occupation or business; or
S. 10(2)(c) amended by No. 93/2001 s. 18(a).
(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 becomes an insolvent under administration or an externally-administered body corporate; or
S. 10(2)(d) inserted by No. 93/2001 s. 18(b).
(d) the person is notified in writing by the Authority that an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person would, if the associate or director were to apply for registration under this Part, be ineligible to be so registered.
(3) For the purposes of subsection (2)(a), a conviction or finding of guilt takes effect at the conclusion of the proceedings, whether on appeal or otherwise, or at the end of any appeal period, whichever is the later.
(4) If a person whose registration would otherwise be cancelled by subsection (2) applies for permission under section 10A within the 30 day period referred to in that subsection, the person's registration is only automatically cancelled if the application is withdrawn or refused by the Authority.
S. 10A inserted by No. 101/1998 s. 15.