Complaints by Police
The Commissioner of Police may make a complaint to the
Licensing Authority against:
The Commissioner's complaint can be made at anytime.
If the Authority receives a complaint about you, it will send you a copy.
Responding to a complaint by Police
If you receive a copy of the complaint against you from the Authority, you can request a hearing before the Licensing Authority. Your application for a hearing must:
- be in writing; and
- reach the Authority within three weeks of the date upon which the Authority sent the copy of the notice to you.
You will be given at least 14-days notice of your hearing date. You may appear before the Authority:
- in person;
- through legal counsel; or
- both in person and through legal counsel.
The Authority will decide whether to accept or reject the Police’s complaint against you. You will be told the Authority's decision at the end of the hearing or in writing, shortly after the hearing.
When you receive a copy of the complaint by Police, you do not have to request a hearing. You can make written submissions to the Authority. If you choose to make written submission, your submissions must reach the Authority within three weeks of the date on which the Authority sent the copy of the complaint to you. Alternatively, you may choose not to respond to the Police complaint at all. Either way, the Authority will make a written decision on whether to accept or reject the Police’s complaint.
If the Authority rejects the Police's complaint that is the end of the matter.
Consequences of Authority upholding the complaint
If the Secondhand Dealers and Pawnbrokers Licensing Authority upholds the complaint against you, the Authority must:
- cancel your certificate, if you are a certificate holder;
- cancel the licence, if you are a licence holder.
In the case of a complaint made against a person concerned in the management of a company, the Authority will:
- advise the company-licence holder that the Police's complainant against that person has been upheld;
- cancel the company's licence two weeks after sending that advice, unless the company advises the Authority within that timeframe that the person complained against is no longer a person concerned in the management of the company.
Appeals
A licence or certificate holder may appeal the Licensing Authority's decision in relation to the cancellation of a certificate or licence. Such appeals are made to the District Court. If you wish to appeal such a decision, you should appeal to the District Court within 20 days of the Authority's decision.
