Disqualification and permission - second-hand dealers and pawnbrokers

The rules around spent convictions have changed. For more information about how the Business Licensing Authority now treats that information, view the Spent convictions page.

Reasons for needing permission

In some circumstances, you must have permission from the Business Licensing Authority (BLA) to be eligible for registration as a second-hand dealer or endorsement as a pawnbroker.

You must apply for permission if you, any of your associates or a company you were a director of at the relevant time (individual registrations), or any company director or any associates of the company or company director, or any director who was, at the relevant time, a director of another company (company registrations) has:

• within the last five years in Australia or elsewhere, been found guilty or convicted of a disqualifying offence involving fraud, dishonesty, drug trafficking or violence punishable by 3 months or more in prison. It must not be a spent conviction within the meaning of the Spent Convictions Act 2021 (Vic) or any equivalent law of a state or territory of Australia or of the Commonwealth. For more information, view the Spent convictions page
• within the last five years, had a licence, registration or permission to carry on any regulated occupation, profession or business cancelled, or been disqualified from carrying on any occupation, profession or business
• a licence, registration or permission to carry on any regulated occupation, profession or business that is currently suspended.

You must also apply for permission if any of your associates, or, for a company, a director or any associate of the director, is insolvent, under administration or an externally administered company.

You are automatically disqualified and cannot apply for permission if one or more of the following disqualification circumstances apply:

• an individual registrant is bankrupt or insolvent under administration (including Part IX and Part X arrangements); or
• a company registrant is externally administered; or
• you are a represented person under the Guardianship and Administration Act 1986 (where a guardian or administrator has been appointed).

You must immediately notify the BLA in writing if you become disqualified, by using the BLA enquiry form.

If you are unsure whether you are disqualified or require permission, we recommend that you seek independent legal advice.

When can permission be given?

The BLA can give permission if satisfied:

• permission would not be against the public interest
• special circumstances led to the suspension, cancellation or disqualification of a business or occupational licence that made you or your company ineligible
• special circumstances led to a conviction or guilty finding for an offence that made you or your company ineligible, and the offence was not related to conduct while you were trading as, or a director of, a second-hand dealer or pawnbroker.

If the BLA gives permission, it can impose conditions to protect the public interest.

Apply for permission

If you are aware that you are disqualified

You must use our online myCAV system to apply for permission. You will need to create your own myCAV account using a personal email address to verify your identity and sign in to your account.

If you already have a myCAV account, sign into your account and select ‘Apply for permission’.

You must then complete and lodge a second-hand dealer permission application, including attaching the relevant supplementary permission application form.

Additional supporting documentation will be required, and these are set out in the supplementary permission application form.

Supplementary permission application forms

You must complete the relevant supplementary permission application form and attach it to your application in myCAV along with any other supporting information requested.

Permission application supplementary form – second-hand dealer

Attachments and supporting documents

Lodge these documents with your permission application:

• Completed Consent to national criminal history and other record checks (Word, 236KB).
• Four identity documents that have been certified by an authorised person. For more information on the documents required, visit our Records checks - licensed and registered businesses page.
• Two typed character references.
• If you are a company director, provide a letter signed by every director of the company confirming they are aware of your application for permission.
• Any additional documents you want the BLA to consider in support of your application (for example, documents concerning the circumstances of a disqualifying offence).

If you are unsure whether you are disqualified

We recommend you seek independent legal advice.

Application fee

An application fee applies. For more information, view Fees and forms - second-hand dealers and pawnbrokers.