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Second-Hand Dealers and Pawnbrokers Act 1989
6Eligibility for registration
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6 Eligibility for registration
S. 6(1) amended by No. 93/2001 s. 8(1).
(1) A person is not eligible to be registered or for an endorsement of the registration under this Part if—
S. 6(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, is a represented person within the meaning of the **Guardianship and Administration Act 2019**; or
(b) the person is an insolvent under administration or an externally-administered body corporate.
S. 6(2) amended by No. 93/2001 s. 8(2)(a).
(2) Unless a person obtains the Authority's permission under section 10A, the person is not eligible to be registered or for an endorsement of the registration under this Part if—
(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 has, within the preceding 5 years in Australia or elsewhere, been convicted or found guilty of a disqualifying offence; or
S. 6(2)(ab) inserted by No. 93/2001 s. 8(2)(b).
(ab) a body corporate has, within the preceding 5 years in Australia or elsewhere, been convicted or found guilty of a disqualifying offence and the person was a director of the body corporate at the time the disqualifying offence was committed; 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 has carried 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 under that enactment—
(i) the person's licence, registration or permission to carry on that occupation, profession or business is suspended; or
(ii) the person's licence, registration or permission to carry on that occupation, profession or business has been cancelled at any time in the preceding 5 years; or
(iii) the person is disqualified from carrying on that occupation, profession or business or has been so disqualified at any time in the preceding 5 years; or
S. 6(2)(ba) inserted by No. 93/2001 s. 8(2)(c).
(ba) a body corporate has carried 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 under that enactment—
(i) the body corporate's licence, registration or permission to carry on that occupation, profession or business is suspended; or
(ii) the body corporate's licence, registration or permission to carry on that occupation, profession or business has been cancelled at any time in the preceding 5 years; or
(iii) the body corporate is disqualified from carrying on that occupation, profession or business or has been so disqualified at any time in the preceding 5 years—
and the person was a director of the body corporate at the time of the conduct which resulted in the suspension, cancellation or disqualification; or
(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 is an insolvent under administration or an externally-administered body corporate.
S. 7 substituted by No. 44/1997