Second-Hand Dealers and Pawnbrokers Act 1989 (review and inquiries)

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

Review applications

Cases we can hear

You may be able to apply to VCAT for a review if you are a person whose interests are affected by a decision of the Business Licensing Authority in relation to:

• an application for registration
• an application for endorsement of a registration
• the imposition, variation or revocation in respect of registration or endorsement
• permission to be registered
• the imposition variation or revocation of a condition of permission.

You may also apply to VCAT if you are person whose interests are affected by a decision of the Registrar of the Business Licensing Authority in relation to a correction of the register.

Legislation that gives VCAT the power to hear these applications

• Sections 9B and 14 of the Second-Hand Dealers and Pawnbrokers Act 1989

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must make your application within 28 days after the later of the day on which:

• the decision was made, or
• if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

You may be able to apply for an extension to this time limit.

What can VCAT order?

Unless the relevant Act of Parliament gives us different powers, VCAT can:

• affirm the original decision, in which case the original decision will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision-maker to reconsider their decision at any time during the case.

Inquiries

VCAT can conduct inquiries under the Second-Hand Dealers and Pawnbrokers Act 1989. Only the Chief Commissioner of Police and the Director of Consumer Affairs Victoria can apply for an inquiry.

Other related applications

Under this Act we can also review decisions.

Cases we can hear

On the application of the Chief Commissioner of Police we can conduct an inquiry to determine whether disciplinary action should be taken against a registered second-hand dealer. We can also conduct an inquiry in respect of a registered second-hand dealer or endorsed pawnbroker who was registered or endorsed at the time of the alleged contravention of the Act, but who subsequently ceased to be registered or endorsed.

On the application of the Chief Commissioner of Police or the Director of Consumer Affairs Victoria, we can conduct an inquiry to determine whether disciplinary action should be taken against an endorsed pawnbroker.

Legislation that gives VCAT the power to hear these applications

Second-Hand Dealers and Pawnbrokers Act 1989 - section 18A.

What can VCAT order?

After conducting the inquiry VCAT may:

• reprimand the person
• order the person to pay a fine
• require the person to comply with a requirement within a specified time
• suspend the registration or endorsement of the person for a period not exceeding one year
• require the person to give an undertaking to perform, or not to perform, certain tasks
• impose a condition on the registration or endorsement
• order the person to pay compensation
• cancel the registration of the registered second-hand dealer or of the endorsed pawnbroker
• disqualify the registered second-hand dealer or of the endorsed pawnbroker from being registered or endorsed permanently or for a specified period.

Under amendments to the Act effective June 2016, we can make orders against a person who was registered or endorsed at the time of the alleged contravention of the Act, even if the person is not registered or endorsed at the time any action is taken.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.