New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 34

34 Notices to show cause why licence should not be revoked

(1) The Secretary may serve a notice on any licensee--

(a) who has become bankrupt or, in the case of a corporate licensee, which is in the course of being wound up, or is under official management or has entered into a scheme of arrangement with its creditors, or

(b) who, in the opinion of the Secretary, made false or misleading statements in or in connection with an application for the licence, or an application for renewal of the licence, that the licensee obtained, or

(c) who, or one of whose employees, has contravened a provision of this Act or any other Act administered by the Minister, or the regulations under any such Act, whether or not the licensee or employee has been prosecuted for or convicted of an offence in respect of the contravention, or

(c1) who, or one of whose employees, has been convicted of an offence involving dishonesty that was recorded since the licensee's licence was issued or last renewed (whichever is the later), or

(d) who has employed or continues to employ, in connection with the licensee's business, a person who the licensee knows is disqualified by this Act from holding a licence, or

(e) being a corporate licensee, one of whose directors is disqualified from holding a licence, or

(f) who the Secretary considers, in light of evidence acceptable to the Secretary, is probably receiving or dealing in stolen goods, or

(g) who has incurred a number of demerit points as referred to in section 27(3), or

(h) who has failed to comply with a condition of the licence, or

(i) who the Secretary considers, in light of evidence acceptable to the Secretary, is carrying on the licensed business in a dishonest or unfair manner, or

(j) who in any other manner has become a disqualified person,

requiring the licensee to show cause, within a time (not less than 14 days) limited by the notice, why the licensee's licence should not be revoked.

(2) A notice issued in accordance with subsection (1)(c), (c1), (d) or (e) must name the employee or director concerned.

(3) By way of example of the operation of subsection (1)(f), the Secretary may consider that a licensee--

(a) in whose custody stolen goods are found, or

(b) who, in a particular length of time, buys or takes as security from the same person (not being another licensee) one or more types of household item in quantities exceeding what an ordinary householder might reasonably be expected to have acquired during that length of time,

is probably receiving or dealing in stolen goods.