Business Licensing Authority
Tel: 1300 13 54 52
NRS 133 677
Website: www.consumer.vic.gov.au Email: bla@justice.vic.gov.au
ABN 32 790 228 959
If completing this
form by hand, please
complete details in
block letter, using a
black or blue pen.
Permission Application
Send your
application to:
Who must complete this form?
The Second-Hand Dealers and Pawnbrokers Act 1989 provides that certain people are
ineligible to be registered as a second-hand dealer and endorsed as a pawnbroker, or to
continue to be registered as a second-hand dealer and endorsed as a pawnbroker, unless
they have obtained permission from the Business Licensing Authority.
Business Licensing
Authority
GPO Box 322B
MELBOURNE 3001
You can only mail
this form back to us.
We cannot accept
forms with credit
card numbers that
are emailed to us.
Second-Hand Dealers and Pawnbrokers Act 1989
Important information
Permission for new registrations
You must apply for permission to be registered as a second-hand dealer and endorsed as a
pawnbroker if you are:
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an individual and you or any of your associates
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a company and you, any company director or any associates of the company or
company director
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an individual and were, at the relevant time, a director of a company that has:
o
o
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within the last five years in Australia or elsewhere, been found guilty (whether or not a
conviction was recorded) of a disqualifying offence, or
within the last five years, had their licence, registration or permission to carry on any
regulated occupation profession or business cancelled or been disqualified from
carrying on, or
their licence, registration or permission to carry on any regulated occupation,
profession or business is currently suspended.
You must also apply for permission if any associate of:
 an individual;
 a company, or
 a company director
is insolvent under administration or an externally administered company.
Privacy - The Business Licensing Authority is committed to responsible and fair handling of
personal information consistent with the Privacy and Data Protection Act 2014 and its
obligations under the Business Licensing Authority Act 1998. In accordance with the SecondHand Dealers and Pawnbrokers Act 1989, certain information must be provided on a public
register. For privacy information, please refer to our privacy statement available at
www.consumer.vic.gov.au/bla or telephone 1300 13 54 52.
BLASHD (01/07/2015)
1.
Permission Application
Permission for second-hand dealers who are already registered
If you are a registered second-hand dealer and any of the following events occur, you must apply for permission within
30 days of the occurrence or your registration and, if relevant, your endorsement as a pawnbroker will be automatically
cancelled under section 10(2) of the Second-Hand Dealers and Pawnbrokers Act 1989.
You must apply for permission to continue to be registered as a second-hand dealer if:
 you are an individual and you or any your associates
o is found guilty (whether or not a conviction was recorded) of a disqualifying offence, or
o has a licence, registration or permission to carry on any regulated occupation profession or business
cancelled or been disqualified from carrying on, or
o has registration or permission to carry on any regulated occupation, profession or business currently
suspended.
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you are a company and you, any company director or any associates of the company or company director
o is found guilty (whether or not a conviction was recorded) of a disqualifying offence, or
o has a licence, registration or permission to carry on any regulated occupation profession or business
cancelled or been disqualified from carrying on, or
o has registration or permission to carry on any regulated occupation, profession or business currently
suspended.
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you are notified by the Business Licensing Authority that a new associate would be ineligible to be registered in
their own right as a second-hand dealer.
You must also apply for permission if any associate of:
 an individual;
 a company, or
 a company director
becomes insolvent under administration or an externally administered company.
If you apply for permission within 30 days, your registration and, if applicable, your endorsement will only be
automatically cancelled if you withdraw your application or the Business Licensing Authority refuses to grant
permission.
If you are applying for permission because of a finding of guilt for a disqualifying offence, the 30 day period starts from
the conclusion of the criminal proceedings or at the end of any appeal period, whichever is later.
What if permission is refused?
If the Business Licensing Authority refuses to grant permission, you will not be eligible to be, or continue to be, a
registered second-hand dealer or endorsed as a pawnbroker. It is an offence for a person or company who is not
registered to carry on business as a second-hand dealer and pawnbroker, and significant penalties may apply.
If you are refused permission, you can apply to the Victorian Civil and Administrative Tribunal for a review of the
decision by the Business Licensing Authority within 28 days of the decision being made.
If you need more information about permission applications
 Refer to the Second-Hand Dealers and Pawnbrokers Act 1989, sections 6(2), 10(2), 10A and 10B.
 Visit the website: www.consumer.vic.gov.au
 Call the Business Licensing Authority on 1300 13 54 52.
 Seek your own independent legal advice.
The fee for this permission application is $802.40
There is no GST payable on this fee.
Useful Definitions
Associates are:
 your husband, wife or domestic partner if they are, have been or will be involved in your second-hand dealing or
pawnbroking business (if the applicant is a company, this will apply to each company director), or
 any business partners (individual persons or companies), or
 any person or company you have entered into a business arrangement or relationship with in respect of a secondhand dealing or pawnbroking business.
Disqualifying offence means an offence involving fraud, dishonesty, violence or drug trafficking, which is punishable
by a sentence of at least three months imprisonment. The need for permission is triggered by the finding of guilt for the
offence, not the imposition of any convictions.
Insolvent under administration means any person who:
 is bankrupt in respect of bankruptcy from which you have not been discharged;
 has executed a deed of arrangement under Part X of the Bankruptcy Act 1966;
 has creditors that have accepted a composition under Part X of the Bankruptcy Act 1966; or
 has made a debt agreement under Part IX of the Bankruptcy Act 1966.
An
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externally administered company means any company:
that is being wound up;
where a receiver, or receiver and manager has been appointed (whether or not by a court);
that is under administration;
that has executed a deed of company arrangement that has not yet terminated; or
that has entered into a compromise or arrangement with another person, which the administration of has not been
concluded.
Permission Application
Who is completing this permission application?
An individual
A company
Go to Section 1
This form must be completed by an authorised director of the company. Go to Section 2
Section 1 - Individual
1. Your details
Surname
Given names
Title (Mr Ms/Mrs/etc
Date of birth
Residential address
Postcode
Postal address (if different from residential address)
Postcode
Home telephone no
Fax number
Mobile telephone number
Have you ever been known by another name (this includes maiden name, previous married name etc)?
No
Go to next question
Yes
What name(s) have you also been known by?
3.
Section 3 – Disqualifying offence
2. Are you currently registered as a second-hand dealer?
No
Go to question 3.
Yes
List Second-hand dealer registration details below
Registration number
Trading name
Principal trading premises
Postcode
3. Why are you seeking permission?
A disqualifying offence
Go to Section 3
Licence, registration or permission to carry on a profession or business suspended, cancelled or disqualified
Go to Section 4
An associate is insolvent under administration or an externally administered company
Go to Section 5
Section 2 - Company
2. Details of the company
Name of company
ACN
Registered address
Postcode
Postal address (if different from registered address)
Postcode
Date of incorporation
Place of incorporation (e.g. VIC, NSW etc)
Company telephone number
2. Is the company currently registered as a second-hand dealer?
Go to question 3.
No
Yes
List Second-hand dealer registration details below
Registration number
Trading name
Principal Trading Premises
Postcode
4.
If you need more space to answer any of the questions in this section, attach extra pages.
If you attach extra pages, clearly reference your answers to the relevant section and question number.
Complete each question.
SPENT CONVICTIONS SCHEMES - “Spent Convictions Schemes” apply to convictions or findings of guilt for offences
under Commonwealth laws, and the laws of some States and Territories. Generally, a “spent conviction” under these
schemes is a conviction or finding or guilt for a Commonwealth, Territory, State or foreign offence where it is 10 years or
more since the date of that conviction or finding of guilt (or five years for juvenile offenders) and the offender was not
sentenced to imprisonment for more than 30 months (or six months in some States) and has not re-offended during that
period. Under these schemes a person with a “spent conviction” is not required to disclose that conviction or finding of guilt
to any authority within the jurisdiction to which the scheme applies, and those authorities are prohibited from disclosing
information about a “spent conviction” without the consent of the person concerned. You should note that there is no “spent
conviction” legislation in force in the State of Victoria. Accordingly “spent conviction” information may be disclosed in
relation to a conviction for an offence under Victorian law. For further information about Spent Conviction Schemes, contact
the police services in the relevant jurisdiction directly.
4. Details of the disqualifying offence
Type of offence (e.g. theft, assault, drug trafficking)
Date found guilty
Location of offence (e.g. VIC, NSW, New Zealand)
Name of court in which case heard
Penalty imposed
Provide a description of the offence and the events that led up to the offence occurring. As well as your
description, you may wish to attach a copy of documents which describe the offence (e.g. police summary of
evidence, brief of evidence, police interview transcript, transcript of sentence)
5. To grant permission, the Business Licensing Authority must be satisfied that the offence was not related to conduct
carried out by the person while engaging in the business of a second-hand dealer or pawnbroker (either as an
individual, company or company director). Provide details whether the offence related to conduct as a second-hand
dealer or pawnbroker.
5.
Section 3 – Disqualifying offence (continued)
6. The Business Licensing Authority must be satisfied that special circumstances led to the offence. Describe any
special circumstances that led to the offence. As well as your description, you may wish to attach documents
evidencing the special circumstances (e.g. a report from a medical practitioner, a statutory declaration made by a
person who can confirm the special circumstances).
7. The Business Licensing Authority must also be satisfied that it is not contrary to the public interest. Give your
reasons why you think it would not be contrary to the public interest to grant you permission.
What to do next
If a disqualifying offence is the only reason you are applying for permission – go to page 13
6.
Section 4 – Suspension, cancellation and disqualification
1. Whose licence, registration or permission to carry on an occupation, profession or business was suspended,
cancelled or disqualified?
Your own
Go to question 4.
The company’s
Go to question 4.
A company director’s
Go to question 2.
An associate who is an
individual
An associate who is a
company
Another company of
which you were a director
Go to question 2.
Go to question 3.
Go to question 3.
2. Give details of the director or individual associate
Given names
Surname
Title (M/Ms/Mrs/etc)
Date of birth
Residential Address
Postcode
Postal address (if different from residential address)
Postcode
Type of associate (if applicable)
Spouse
Domestic partner
Business partner
Business arrangement/relationship
Have they ever been known by another name (this includes maiden name, previous married name etc)?
No
Go to question 4.
Yes
What name(s) have they also been known by?
7.
Section 4 – Suspension, cancellation and disqualification (continued)
3. Details of the company
Name of company
ACN
Registered address
Postcode
Postal address (if different from registered address)
Postcode
Place of incorporation (e.g. VIC, NSW etc)
Date of Incorporation
/
/
List the names of all company directors, secretaries and shareholders. If the company is publicly listed you do not need
to provide names of shareholders. Attach a separate sheet if you need more space
Position
(director/secretary/
shareholder)
Name
Type of associate (if applicable)
Business partner
Business arrangement/relationship
4. Details of suspension, cancellation or disqualification
Type of licence, registration or permission (e.g. estate agent, builder, medical practitioner, second-hand
dealer)
Date granted
State in which granted (e.g. VIC. NSW etc)
Was the licence, registration or permission – suspended, cancelled or disqualified? (tick all applicable boxes)
Suspended
Cancelled
Date suspended
/
Disqualified
Length of suspension or disqualification
Go to question 5. on the next page
/
8.
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Section 4 – Suspension, cancellation and disqualification (continued)
If you need more space to answer any of the questions in this section, attach extra pages.
If you attach extra pages, clearly reference your answers to the relevant section and question number.
Complete each question.
5. Provide a description of why the licence, registration or permission was suspended, cancelled or disqualified and the
events that led up to the suspension, cancellation or disqualification. As well as your description, you may wish to
attach documents describing the events leading up to the suspension, cancellation or disqualification (e.g. court/tribunal
documents describing the conduct).
6. To grant permission, the Business Licensing Authority must be satisfied that special circumstances led to the
suspension, cancellation or disqualification. Describe any special circumstances. As well as your description, you may
wish to attach documents which evidence the special circumstances (e.g. a report from a medical practitioner, a
statutory declaration made by a person who can confirm the special circumstances).
7. The Business Licensing Authority must also be satisfied that it is not contrary to the public interest
Give your reasons why you think it would not be contrary to the public interest to grant you permission.
What to do next
If a suspension, cancellation or disqualification is the only reason you are applying for permission – go to page 13.
9.
Section 5 – Insolvent under administration or an externally administered company
1. Who is insolvent under administration or externally administered?
A director
Go to questions 2.
An individual associate
A company associate
Go to questions 2.
Go to questions 3.
2. Give details of the director or individual associate
Surname
Given names
Title (Mr/Mrs/Miss/etc)
Date of Birth
Residential address
Postcode
Postal address (if different from residential address)
Postcode
Type of Associate (if applicable)
Spouse
Domestic partner
Business partner
Business arrangement/relationship
Have they ever been known by another name (this includes maiden name, previous married name etc)?
No
Go to question 4. on the next page
Yes
What name(s) have they also been known by?
10.
Section 5 – Insolvent under administration or an externally administered company (continued)
3. Details of the company
Name of company
ACN
Registered address
Postcode
Postal address (if different from registered address)
Postcode
Date of incorporation
/
Place of incorporation (e.g. VIC, NSW etc)
/
List the names of all company directors, secretaries and shareholders. If the company is publicly listed you do not need
to provide names of shareholders. Attach a separate sheet if you need more space.
Position
(director/secretary/
shareholder)
Name
Type of associate (if applicable)
Business partner
Business arrangement/relationship
Go to question 4 on the next page
11.
Section 5 – Insolvent under administration or an externally administered company (continued)
If you need more space to answer any of the questions in this section, attach extra pages.
If you attach extra pages, clearly reference your answers to the relevant section and question number.
Complete each question.
4. Give details of the insolvency or external administration
Date occurred
/
State in which occurred (eg VIC, NSW etc)
/
Provide a description of the events that led up to the insolvency or external administration
5. To grant permission, the Business Licensing Authority must be satisfied that it is not contrary to the public interest to
do so. You are invited to give your reasons why you think it would not be contrary to the public interest to grant you
permission.
What to do next
If insolvency or administration is the only reason you are applying for permission – go to the Records Check.
12.
Statutory Declaration
Statutory Declaration
In accordance with the Evidence Act 1958, the
following people may witness a Statutory
Declaration within Victoria
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This section must be completed and signed by
either:
 the individual applying for permission, or
 an authorised director of the company applying for
permission.
A member of the Police Force
The Sheriff or a Deputy Sheriff
A Justice of the Peace
A notary public
A registered medical practitioner within the meaning
of the Medical Practice Act 1994
A dentist
A veterinary surgeon
A pharmacist
A principal in the (State) teaching service
The Manager of a bank
A barrister and solicitor of the Supreme Court
A clerk to the barrister and solicitor of the Supreme
Court
The Prothonotary or a Deputy Prothonotary of the
Supreme Court
The Registrar or a Deputy Registrar of the County
Court
The Principal Registrar of the Magistrates’ Court
The Registrar or a Deputy Registrar of the
Magistrates’ Court
The Registrar of Probates or an Assistant Registrar
of Probates
The associate to a Judge of the Supreme Court or
of the County Court
The secretary of a Master of the Supreme Court or
of the County Court
A person registered as a patent attorney under Part
XV of the Patents Act 1952 of the Commonwealth
A member or former member of either House of the
Parliament of Victoria
A member or former member of either House of the
Parliament of the Commonwealth
A councillor of a municipality
A senior officer of a Council as defined in the Local
Government Act 1989
A member of the Institute of Chartered Accountants
in Australia or Australian Society of Accountants or
National Institute of Accountants
The secretary of a building society
A minister of religion authorised to celebrate
marriages
A person who holds a prescribed office in the public
service under Section 107A of the Evidence Act
1958
A fellow of the Institute of Legal Executives
(Victoria)
I, (print your full name)
Of, (print your address)
Postcode
do solemnly and sincerely declare that the contents of this
Permission Application and any attachments are true and
correct in every particular and I make this solemn declaration
conscientiously believing the same to be true and by virtue of
the provisions of an Act of Parliament of Victoria rendering
persons making a false declaration punishable for wilful and
corrupt perjury. I have made all necessary enquiries to ensure
that the information given in this application is true and correct.
Note: You must sign this declaration in the
presence of the witness
Signature of person making this declaration
X
To be completed by witness
Declared at (print suburb or town)
In the State of Victoria, on the
(day of)
(month)
(year)
Before me, being a person authorised under Section
107A(1) of the Evidence Act 1958 to witness the signing
of a Statutory Declaration.
Signature of Witness
X
Printed name
Address
Postcode
Qualification to witness this Statutory Declaration
13.
Your permission application cannot be considered until you have:
Answered all relevant questions.
Completed the Statutory Declaration
Attached (stapled) two typed character references to this application.
Attached (stapled) all additional sheets of paper securely and referenced them to the question
they relate to.
Attached (stapled) any additional documents you want the Business Licensing Authority to consider in
support of your application (e.g. documents concerning the circumstances of a disqualifying offence).
Completed a ‘Consent to National Criminal History Records Check’ form and included 100 points of
certified identification. One Certified Primary Identification document and one or more Certified
Secondary Identification document/s must accompany each consent form.
Please note that the Business Licensing Authority cannot process your application unless you provided
the appropriate identification.
What to do next
Take a photocopy of this completed form and any attachments for your records.
The fee for this permission application is $802.40
There is no GST payable on this fee.
If you are completing this permission application as part of a new registration, you must pay this $802.40 fee in
addition to any registration application fees.
Payment can be made by cheque, money order or credit card. Cheques and money orders should be made
payable to 'Business Licensing Authority'. You can only mail this form back to us. We cannot accept forms
with credit card numbers that are emailed to us.
Type of credit card
Visa
MasterCard
Name of cardholder
Amount
Card number
$
Card expiry date Signature of cardholder
/
Date
X
Send by post to:
Business Licensing Authority
GPO Box 322B
MELBOURNE VIC 3001
What happens then
After necessary checks are made, the Business Licensing Authority will consider your permission application.
As part of considering your permission application, the Business Licensing Authority may request a report from
Consumer Affairs Victoria.
You may be required to provide further information.
If this is the case, the Business Licensing Authority will either write to you requesting the information or you will
be contacted by telephone. When a decision about your permission application has been made, you will be
informed of the decision by letter.
14.