Secondhand dealers and pawnbrokers legislation explained

Introduction | Does it apply to me? | Licence | Certificate | FAQ | Contact us

Police Objections

The Commissioner of Police can object to your application to become a licence holder, on the grounds that you are "not a fit and proper person". He can object to your application even if you are not automatically disqualified.

If Police object to your application they will send you a copy of their objection.


Responding to a Police objection

When you receive a copy of a Police objection, you can request a hearing before the Secondhand Dealers and Pawnbrokers Licensing Authority. Your application for a hearing must:

  • be in writing; and
  • reach the Authority within three weeks of the date upon which the objection was sent by Police.

You will be given at least 14-days notice of your hearing date. You may appear before the Authority:

  • in person;
  • through legal counsel; or
  • both in person and through legal counsel.

The Authority will decide whether to accept or reject the Police’s objection. You will be told the Authority's decision at the end of the hearing or in writing, shortly after the hearing.

When you receive a Police objection against your application, you do not have to request a hearing. You can make written submissions to the Authority. If you choose to make written submission, your submissions must reach the Authority within three weeks of the date on which Police sent the objection. Alternatively, you may choose not to respond to the Police objection at all. Either way, the Authority will make a written decision on whether to accept or reject the Police’s objection to your application.

If the Authority rejects the Police's objection to your application, the Authority will then continue to consider your application.


Consequences of Authority upholding a Police objection

If the Secondhand Dealers and Pawnbrokers Licensing Authority upholds a Police objection to your application, you will be ineligible to hold a certificate.

If you are applying for a licence as an individual, the Authority cannot issue you with a licence because you are ineligible to hold a certificate.

For companies applying for a licence, if the Authority upholds a Police objection against any person concerned in the management of the company that person becomes ineligible to hold a certificate. The Authority cannot issue a licence to a company unless every person concerned in the management of the company is eligible to hold a certificate.

Licence applicants will be advised of the Authority's refusal in writing.


Appeals

As an applicant for a licence, you may appeal any of the Licensing Authority's decisions regarding that application to the District Court. You should appeal to the District Court within 20 days of the Authority's decision.

2930 since 9 Apr 2006