New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 39

39 Administrative reviews of decisions of Secretary

(1) An applicant for a licence or for renewal of a licence whose application has been refused may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the refusal.

(1A) On an application under subsection (1) for an administrative review of a decision of the Secretary refusing to grant a licence to a person because the person is disqualified under section 8A(2)(a) or (3)(a)--

(a) the Tribunal may determine that the fact that the person committed the offence concerned should be ignored on one or more of the grounds referred to in section 8A(4), and

(b) the licence may be granted accordingly.

(1B) In determining an application for an administrative review of any decision of the Secretary to refuse to grant a licence to a person because the person is disqualified under section 8A(2A) or revoking a licence because the person has become disqualified under section 36(1A), the Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013 )--

(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any criminal intelligence, and

(b) in order to prevent the disclosure of any criminal intelligence, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review and the applicant's representative and any other interested party,

unless the Commissioner of Police approves otherwise.

(2) A licensee whose licence has been revoked or suspended by the Secretary, or on whose licence a condition has been imposed (whether on grant or renewal of the licence or otherwise) may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the revocation, suspension or imposition.