You are not required to disclose any information in relation to a spent conviction to the Business Licensing Authority. Please review the Spent Convictions Act 2021 page on the Department of Justice and Community Safety website for more information. You should seek legal advice if you believe you have a conviction that may be a spent conviction.
If you believe you may need to apply for permission or otherwise have questions regarding your eligibility, please contact the Business Licensing Authority using the online BLA enquiry form.
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 (company registrations) has:
- within the last five years in Australia or elsewhere, been found guilty of, or convicted of an offence involving fraud, dishonesty, drug trafficking or violence which is punishable by three months or more in prison (whether or not a prison sentence was imposed), or
- 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, or
- 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.
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 have applied for registration/endorsement and paid your registration application fee, the BLA will conduct background checks and will write to you if you need to apply for permission.
If you are aware that you are disqualified
Apply for permission by completing and lodging a Permission application - second-hand dealers and pawnbrokers (Word, 938KB)
If you are unsure whether you are disqualified
We recommend you seek independent legal advice.
Attachments and supporting documents
Lodge these documents with your permission application:
An application fee applies. For more information, view Fees and forms - second-hand dealers and pawnbrokers.