Western Australian Current Acts

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PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994 - SECT 19

19 .         Issue of licences

                A licensing officer is not to issue a licence unless the officer is satisfied —

            (a)         that there is sufficient evidence as to the identity of the applicant;

            (b)         that all approvals, consents and exemptions referred to in section 14(b) have been obtained;

            (c)         subject to section 12, that a notice under section 11 has been published in accordance with that section;

            (d)         that the time for the lodgement of objections has passed and either —

                  (i)         no objection to the application has been made; or

                  (ii)         each objection has been adequately investigated and that the investigation results justify the issue of the licence;

            (e)         that the applicant is of good character and is in all respects a fit and proper person to hold a licence;

            (f)         that there will be during the licence period, adequate management, supervision and control of the business operations that are the subject of the application;

            (g)         that during the licence period the applicant will be able to comply with —

                  (i)         the provisions of this Act; and

                  (ii)         any condition or restriction to which the licence is likely to be subject;

            (h)         that the applicant has, or is able to obtain, the means to provide information in accordance with section 79;

                  (i)         that the applicant is not —

                  (i)         an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

                  (ii)         subject to a type of external administration referred to in Chapter 5 of the Corporations Act 2001 of the Commonwealth;

            (j)         that there is no charge pending in relation to the applicant for an offence involving dishonesty, fraud, stealing or of any other offence of a nature that renders the applicant unsuitable to hold a licence;

            (k)         where the applicant has been found guilty of any offence, that neither —

                  (i)         the circumstances of the applicant’s involvement in the commission of the offence; nor

                  (ii)         the period of time between the finding and the application,

                renders the applicant unsuitable to hold a licence;

            (l)         that the applicant has not been involved in conduct of a nature that renders the applicant unsuitable to hold a licence;

            (m)         in the case of an application for a pawnbroker’s licence, that there are adequate arrangements for the safekeeping of pawned goods;

            (n)         that at the time of the application —

                  (i)         the applicant is not disqualified from holding the type of licence applied for or from having the type of licence held on his or her behalf; and

                  (ii)         a licence of the type applied for held by or on behalf of the applicant is not suspended;

            (o)         of such other matters as may be prescribed; and

            (p)         that there is no other good reason why the licence should not be issued.

        [Section 19 amended: No. 10 of 2001 s. 220.]



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