New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 27

27 Demerit points scheme

(1) If a licensee or any employee of a licensee--

(a) has been convicted of any offence prescribed by the regulations for the purposes of this section, or

(b) has paid a penalty pursuant to section 26 in respect of any such offence, or

(c) is a person against whom an order has been made under Division 4 of Part 3 of the Fines Act 1996 in respect of such an offence,

the Secretary may endorse, on a record kept in relation to the licensee, particulars of the offence, the penalty, the number of demerit points allocated to the offence and the date on which the offence is alleged to have been committed.

(2) The number of demerit points to be allocated to an offence is the number prescribed by the regulations in relation to the offence.

(3) In addition to any other grounds on which the Secretary may serve a notice under section 34, such a notice may be issued if the licensee incurs a total of 12 or more demerit points within any period of 3 years.

(4) For the purposes of this section, any demerit points incurred in respect of an offence are to be taken to have been incurred on the date on which the offence was allegedly committed.

(5) If the Secretary serves a notice under section 34 in accordance with this section, the demerit points on which that notice was grounded may not be considered as grounds for a further notice under that section.

(6) A certificate that purports to be signed by the Secretary and that certifies the number of demerit points accruing to a particular licensee in a particular period is evidence, in any proceedings, of the particulars certified in it.