QLDIn ForceAct
Second-hand Dealers and Pawnbrokers Act 2003
sec.7Suitability of applicants and licensees
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### sec.7 Suitability of applicants and licensees
A person is not a suitable person to hold a licence if the person, or an associate of the person—
is an individual under 18 years; or
is an insolvent under administration; or
has been convicted of a disqualifying offence within the last 5 years; or
is a corporation that is a Chapter 5 body corporate under the Corporations Act ; or
is subject to a relevant control order.
Without limiting subsection (1) , a person is not a suitable person to hold a licence if the chief executive decides the person is not suitable because the person, or an associate of the person—
is subject to a control order or registered corresponding control order, other than a relevant control order; or
has been convicted of an offence against—
the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or
the Penalties and Sentences Act 1992 , section 161ZI .
The chief executive, when deciding whether a person is a suitable person to hold a licence, may not have regard to criminal intelligence given by the commissioner of the police service to the chief executive under section 111 .
A person who is not a suitable person may not hold a licence.
s 7 amd 2013 No. 64 s 159 ; 2016 No. 62 s 362 ; 2020 No. 15 s 198 ; 2023 No. 23 s 247 sch 1 s 37
(sec.7-ssec.1) A person is not a suitable person to hold a licence if the person, or an associate of the person— is an individual under 18 years; or is an insolvent under administration; or has been convicted of a disqualifying offence within the last 5 years; or is a corporation that is a Chapter 5 body corporate under the Corporations Act ; or is subject to a relevant control order.
(sec.7-ssec.2) Without limiting subsection (1) , a person is not a suitable person to hold a licence if the chief executive decides the person is not suitable because the person, or an associate of the person— is subject to a control order or registered corresponding control order, other than a relevant control order; or has been convicted of an offence against— the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or the Penalties and Sentences Act 1992 , section 161ZI .
(sec.7-ssec.3) The chief executive, when deciding whether a person is a suitable person to hold a licence, may not have regard to criminal intelligence given by the commissioner of the police service to the chief executive under section 111 .
(sec.7-ssec.4) A person who is not a suitable person may not hold a licence.
- (a) is an individual under 18 years; or
- (b) is an insolvent under administration; or
- (c) has been convicted of a disqualifying offence within the last 5 years; or
- (d) is a corporation that is a Chapter 5 body corporate under the Corporations Act ; or
- (e) is subject to a relevant control order.
- (a) is subject to a control order or registered corresponding control order, other than a relevant control order; or
- (b) has been convicted of an offence against— (i) the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or (ii) the Penalties and Sentences Act 1992 , section 161ZI .
- (i) the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or
- (ii) the Penalties and Sentences Act 1992 , section 161ZI .
- (i) the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or
- (ii) the Penalties and Sentences Act 1992 , section 161ZI .