VICIn ForceAct
Second-Hand Dealers and Pawnbrokers Act 1989
18Death, disability etc. of registered person
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18 Death, disability etc. of registered person
(1) The following persons may carry on the second‑hand dealing or pawnbroking business
of a person who was registered under this Part for 30 days after the person ceases to be registered—
(a) if the person dies, the executor named in the person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the person's estate;
(b) if the person becomes an insolvent under administration, the assignee, trustee or receiver of the person;
S. 18(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 45).
(c) if the person becomes a represented person within the meaning of the **Guardianship and Administration Act 2019**, the guardian or administrator of the person or any person nominated by the guardian or administrator;
(d) if the person becomes an externally-administered body corporate, the liquidator, official manager, receiver, receiver and manager or other external administrator.
(2) If a person authorised to carry on a business applies to the Authority within the 30 day period for permission to carry on the business for a longer period, the person may continue to carry on the business until the Authority makes a decision on the application.
(3) The Authority may grant an application if it is satisfied that it is not contrary to the public interest to do so.
(4) In granting its permission, the Authority may limit it in any way it thinks appropriate and may impose any conditions it thinks appropriate to ensure the ongoing protection of the public interest.
(5) The Authority may at any time withdraw any permission it has granted under this section or limit, or impose, revoke or vary conditions on, any such permission.
(6) A person who has been granted permission under this section must comply with any limitation or condition that applies to the permission.
(7) A person who carries on a second-hand dealing business under this section is deemed, for the purposes of this Act, to be a registered second‑hand dealer on the same terms and conditions as applied to the person who has ceased to be registered.
(8) A person who carries on a pawnbroking business under this section is deemed, for the purposes of this Act to be an endorsed pawnbroker on the same terms and conditions as applied to the person who has ceased to be registered.
Pt 2 Div. 2 (Heading and ss 18A–18D) inserted by No. 93/2001 s. 28.