Secondhand Dealers and Pawnbrokers Act 2004

1: Title
This Act is the Secondhand Dealers and Pawnbrokers Act 2004.
1: Preliminary provisions
2: Commencement
1: This Act (except section 84
2: Section 84
3: Purpose
The purpose of this Act is—
a: to make it harder for criminals to dispose of stolen goods through secondhand dealers and pawnbrokers; and
b: to make it easier for the Police to recover stolen goods and solve property crimes; and
c: to repeal and replace the Secondhand Dealers Act 1963 Pawnbrokers Act 1908
4: Interpretation
In this Act, unless the context otherwise requires,— article Schedule 1 authorised identification Schedule 2 buyback contract certificate section 28 certified copy a Licensing Authority contact address dispose of
a: passing possession of the goods to another person, whether by sale or otherwise; and
b: combining or dismantling the goods in such a way that they can no longer be recognised as the original goods itinerant secondhand dealer licence section 9 section 10 licensed secondhand dealer and pawnbroker
a: licensed secondhand dealer
b: licensed pawnbroker Licensing Authority Authority section 70 section 71 Licensing Authorities Authorities Deputy Licensing Authorities pawnbroker
a: who, in expectation of profit, gain, or reward, lends money on the security of goods of which the person takes possession, but not ownership; and
b: who is not a secondhand dealer or the employee of a secondhand dealer and pawnbroker person concerned in the management of the company
a: a director of the company, as that term is defined in section 126
b: the chief executive of the company, or any person occupying the equivalent position prescribed promoter public auction registered auctioneer Auctioneers Act 2013 responsible Minister Authorities scrap metal
a: old metal, broken metal, partly manufactured metal goods, defaced or old metal goods, and metal residues from manufacturing processes; and
b: items that—
i: are made entirely or substantially of metal; and
ii: are no longer fit for the purpose for which they were designed or intended secondhand dealer
a: who buys (other than for personal use or enjoyment or as a gift), sells, exchanges, or otherwise deals in secondhand articles or scrap metal; and
b: who is not a pawnbroker or the employee of a secondhand dealer and pawnbroker secondhand dealer and pawnbroker
a: a secondhand dealer:
b: a pawnbroker:
c: a person who, not being an employee of a secondhand dealer or a pawnbroker, acts as both a secondhand dealer and as a pawnbroker specified offence
a: sections 217 to 265
b: the Fair Trading Act 1986 transaction transaction date Section 4 certified copy amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 4 Licensing Authority repealed 14 November 2018 section 275 Tribunals Powers and Procedures Legislation Act 2018 Section 4 Licensing Authority Authority inserted 14 November 2018 section 275 Tribunals Powers and Procedures Legislation Act 2018 Section 4 public auction replaced 18 December 2013 section 28(3) Auctioneers Act 2013 Section 4 registered auctioneer inserted 18 December 2013 section 28(3) Auctioneers Act 2013 Section 4 responsible Minister amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 4 secondhand dealer replaced 18 December 2013 section 4 Secondhand Dealers and Pawnbrokers Amendment Act 2013
5: Act binds the Crown
This Act binds the Crown.
2: Licences and certificates
Licences: who must be licensed
6: Secondhand dealers engaged in business to be licensed
1: Every person who engages in business as a secondhand dealer must hold a licence.
2: If 2 or more people engage in business as secondhand dealers in partnership, each partner must hold a licence.
3: For the purposes of this Act, a person is presumed (in the absence of evidence to the contrary) to be engaged in business as a secondhand dealer if the person—
a: on 6 or more different days within a 12-month period—
i: buys secondhand articles or scrap metal for purposes other than personal use or enjoyment or as a gift; or
ii: sells or exchanges secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift; or
b: within a 12-month period, obtains revenue of more than $2,000 from the sale of secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift.
4: For the purposes of this Act, the following are not engaged in business as secondhand dealers when selling secondhand articles or scrap metal:
a: a registered auctioneer selling secondhand articles or scrap metal in the course of the registered auctioneer's business:
b: a charitable or non-profit organisation that sells secondhand articles or scrap metal, but only if—
i: no article, and none of the scrap metal, sold is acquired by the organisation by purchase or for valuable consideration; and
ii: any proceeds of sale are used solely for the purposes of the organisation:
c: an Internet auction provider:
d: an agent of the Crown:
e: any other prescribed person.
5: Acquiring secondhand articles as trade-ins when selling new goods does not of itself indicate that a person is engaged in business as a secondhand dealer.
6: A person who carries on business as a secondhand dealer without holding a licence commits an offence and is liable on 1963 No 10 s 3 Section 6(3) replaced 18 December 2013 section 5 Secondhand Dealers and Pawnbrokers Amendment Act 2013 Section 6(4)﻿(a) replaced 18 December 2013 section 28(3) Auctioneers Act 2013 Section 6(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
7: Pawnbrokers to be licensed
1: Every person who acts as a pawnbroker must hold a licence.
2: If 2 or more people act as pawnbrokers in partnership, each partner must hold a licence.
3: A person who acts as a pawnbroker without holding a licence commits an offence and is liable on 1908 No 141 s 3 Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Licences: how to get licensed
8: Application for licence
1: An applicant for a licence must be either an individual or a company.
2: Every application must be—
a: in a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
b:
c: accompanied by any
3: An application by an individual must be accompanied by a photograph
a: the applicant’s full name, residential address, and date of birth:
b: the name under which the applicant engages in business:
c: the street address of the principal place of business used by the applicant for business purposes (unless the applicant is or proposes to be an itinerant secondhand dealer) and the street address of every other place of business used by the applicant:
d: the postal address (if any) used by the applicant for business purposes:
e: if the individual is in partnership, the full name and date of birth of every partner in the partnership:
f: any other prescribed matters.
4: An application by a company must include the following information:
a: the applicant’s name:
b: the registered address of the company:
c: the street address of the principal place of business used by the applicant for business purposes (unless the applicant is or proposes to be an itinerant secondhand dealer) and the street address of every other place of business used by the applicant:
d: the full name and date of birth of every person concerned in the management of the company:
e: any other prescribed matters. 1908 No 141 s 4; 1963 No 10 s 4 Section 8(2)﻿(a) amended 29 October 2019 section 276(1) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)﻿(b) repealed 14 November 2018 section 276(2) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)﻿(c) amended 14 November 2018 section 276(3) Tribunals Powers and Procedures Legislation Act 2018 Section 8(3) amended 29 October 2019 section 276(4) Tribunals Powers and Procedures Legislation Act 2018
9: Issue of licence: individual applicant
1: A Licensing Authority
a: the applicant holds, or is eligible to hold, a certificate (see section 28(1)
b: the application complies with the requirements of section 8(2)
2: If an applicant does not hold a certificate, sections 24 to 27
3: A licence issued to an individual must contain a photograph of the licence holder. Section 9(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
10: Issue of licence: company applicant
1: A Licensing Authority
a: the company is not disqualified under subsection (3) from holding a licence; and
b: either—
i: every person concerned in the management of the company is eligible to hold a certificate in his or her own right (see section 28(1)
ii: only 1 person is concerned in the management of the company and that person holds a certificate; and
c: the application complies with the requirements of section 8(2)
2: If more than 1 person is concerned in the management of an applicant that is a company, every person concerned in the management must be checked under sections 24 to 27
3: A company is disqualified from holding a licence if it—
a: has been convicted within the past 5 years of a specified offence; or
b: has had a licence cancelled within the past 5 years.
4: For the purpose of checking whether or not a company is disqualified from holding a licence, a Licensing Authority
5: Despite subsection (3)﻿(a), if the relevant conviction is for a minor offence, a Licensing Authority may waive the company’s disqualification and issue a licence to the company if the Authority is satisfied, on the basis of written material before him or her, that there are special reasons why the company should not be disqualified taking into account—
a: the character, circumstances, and background of every person concerned in the management of the company; and
b: the nature of the offence.
6: In this section, minor offence Section 10(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 10(4) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 10(5) inserted 29 October 2019 section 277 Tribunals Powers and Procedures Legislation Act 2018 Section 10(6) inserted 29 October 2019 section 277 Tribunals Powers and Procedures Legislation Act 2018
11: Refusal to issue licence
If a Licensing Authority Section 11 amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
12: Certified copies of licence
1: When a Licensing Authority section 36(2)
2: A certified copy need not be in the same form as a licence. Section 12(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
13: Effect of licence
1: A person who holds a licence is authorised to carry on business as a secondhand dealer or to act as a pawnbroker, or to do both.
2: The obligations relating to all licence holders are set out in section 17 subpart 1
3: The additional obligations relating specifically to licensed secondhand dealers are set out in subpart 2
4: The additional obligations relating specifically to licensed pawnbrokers are set out in subpart 3 1963 No 10 s 6
14: Individual licence holder regarded as holding certificate
1: An individual who holds a licence is regarded as holding a certificate for the purposes of this Act.
2: Without limiting the general application of subsection (1), it applies, for example, to section 19 section 20 section 32
15: Expiry and renewal of licences
1: Unless cancelled earlier, a licence expires—
a: in the case of a licence issued to a certificate holder, or to a company in which only one person is concerned in the management and that person holds a certificate, 5 years from the date on which the certificate was issued; and
b: in any other case, 5 years from the date on which the licence was issued.
2: A licence may be renewed.
3: Despite subsection (1), if an application for renewal of a licence is made before the expiry of the licence, the licence continues in force until the application for renewal is determined.
4: Sections 8 to 12
5: A renewed licence is to be treated for all purposes as a new licence issued under section 9 section 10
6: A licence holder may, at any time, return his or her licence to a Licensing Authority 1908 No 141 s 4(3) 1963 No 10 s 9 Section 15(6) amended 14 November 2018 section 278 Tribunals Powers and Procedures Legislation Act 2018
16: Cancellation
or suspension
1: A Licensing Authority or suspend
a: in the case of a licence held by an individual, if the licence holder ceases to be eligible to hold a certificate; or
b: in the case of a licence held by a company,—
i: if any person concerned in the management of the company is not eligible, or ceases to be eligible, to hold a certificate; or
ii: if the company is disqualified (under section 10(3)
c: in either case, if the Licensing Authority is satisfied that the licence was issued by fraud or mistake.
2: A Licensing Authority
3: A Licensing Authority
a: the person concerned in the management of a company has joined the company since it obtained its licence; and
b: within 2 weeks of the person joining, the company has applied to the Licensing Authority to check that the person is eligible to be issued with a certificate; and
c: either—
i: the Licensing Authority, has not yet determined whether or not the person is eligible to hold a certificate; or
ii: the Licensing Authority has advised the company, in writing, that the person is not eligible to hold a certificate, but less than 2 weeks has elapsed since the advice was sent.
3A: If a Licensing Authority suspends a certificate,—
a: the suspension must be for an initial fixed period of not more than 3 months; and
b: at the end of that period, the Authority must, if, following the final determination of the complaint, he or she thinks it is appropriate,—
i: extend the suspension for a further period specified by the Authority; or
ii: lift the suspension; or
iii: cancel the certificate.
4: A cancellation or suspension or suspension
5: A licence holder commits an offence, and is liable on a Licensing Authority 1908 No 141 s 14 1963 No 10 ss 17, 18 Section 16 heading amended 29 October 2019 section 279(1) Tribunals Powers and Procedures Legislation Act 2018 Section 16(1) amended 29 October 2019 section 279(2) Tribunals Powers and Procedures Legislation Act 2018 Section 16(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 16(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 16(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 16(3A) inserted 29 October 2019 section 279(3) Tribunals Powers and Procedures Legislation Act 2018 Section 16(4) amended 29 October 2019 section 279(4)﻿(a) Tribunals Powers and Procedures Legislation Act 2018 Section 16(4) amended 29 October 2019 section 279(4)﻿(b) Tribunals Powers and Procedures Legislation Act 2018 Section 16(5) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 16(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
17: Updating licence information
1: If any of the details that were included on the licence application change (for example, new places of business are added or a person concerned in the management of the company leaves), the licence holder must immediately advise a Licensing Authority
1A: The advice must be—
a: in a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities; and
b: accompanied by any prescribed fee.
2: On receiving advice under subsection (1), a Licensing Authority
3: If an amended licence is issued, the licence holder must immediately return the old licence and any old certified copies of the licence to a Licensing Authority
4: A licensed secondhand dealer and pawnbroker commits an offence, and is liable on 1908 No 141 s 8 1963 No 10 s 7 Section 17(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 17(1A) inserted 29 October 2019 section 280 Tribunals Powers and Procedures Legislation Act 2018 Section 17(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 17(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 17(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
18: Licences not transferable, except to temporary licence holder
1: A licence is not transferable, except in the situation described in subsection (2).
2: A Licensing Authority
a: the personal representative of a deceased licence holder; or
b: the assignee in bankruptcy of a licence holder; or
c: the manager, as defined in section 2
3: A temporary licence holder has all the rights and responsibilities of a licence holder. 1908 No 141 s 39 1963 No 10 ss 10, 11 Section 18(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Certificates: who must hold them
19: Who must hold certificate
1: Every person must hold a certificate if he or she,—
a: with the authority of a licensed secondhand dealer, enters into a transaction on behalf of the secondhand dealer; or
b: with the authority of a licensed pawnbroker, issues a pledge ticket on behalf of the pawnbroker.
2: However, if both the person referred to in subsection (1) and the licence holder believe on reasonable grounds that the person is not disqualified from holding a certificate, then the person need not hold a certificate during the 2 months after he or she is first authorised by the licence holder to enter into transactions or to issue pledge tickets.
3: Every person must hold a certificate if he or she manages, supervises, or controls any person who—
a: enters into a transaction on behalf of a licensed secondhand dealer; or
b: issues a pledge ticket on behalf of a licensed pawnbroker. 1963 No 10 s 8
20: Offences relating to failure to hold certificate
1: A person who does not hold a certificate, or who is not regarded (under section 14
a: enters into a transaction on behalf of a licensed secondhand dealer, whether or not the person is in fact authorised by the secondhand dealer to do so; or
b: issues a pledge ticket on behalf of a licensed pawnbroker, whether or not the person is in fact authorised by the pawnbroker to do so; or
c: manages, supervises, or controls any person who enters into a transaction on behalf of a licensed secondhand dealer or issues a pledge ticket on behalf of a licensed pawnbroker.
2: It is a defence to a charge under subsection (1)﻿(a) or (b) if the person charged proves that he or she was not, at the relevant time, required to hold a certificate, by virtue of section 19(2)
3: A licence holder commits an offence, and is liable on section 19(2)
a: he or she authorises a person to engage in transactions or issue pledge tickets on his or her behalf; and
b: the person does not have a certificate; and
c: the licence holder knows, or should know, that the person does not have a certificate. Section 20(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 20(3 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Certificates: how to get them
21: Application for certificate
1: An application for a certificate must—
a: be made to a Licensing Authority on a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities; and
b: be accompanied by a photograph
c:
d: be accompanied by any
2: The approved form
a: the applicant’s full name and date of birth:
b: the applicant’s contact address and prescribed contact details:
c: any other prescribed information.
3: On receipt of an application, a Licensing Authority Section 21(1)﻿(a) replaced 29 October 2019 section 281(1) Tribunals Powers and Procedures Legislation Act 2018 Section 21(1)﻿(b) amended 29 October 2019 section 281(2) Tribunals Powers and Procedures Legislation Act 2018 Section 21(1)﻿(c) repealed 29 October 2019 section 281(3) Tribunals Powers and Procedures Legislation Act 2018 Section 21(1)﻿(d) amended 29 October 2019 section 281(4) Tribunals Powers and Procedures Legislation Act 2018 Section 21(2) amended 29 October 2019 section 281(5) Tribunals Powers and Procedures Legislation Act 2018 Section 21(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
22: Disqualification from holding certificate
A person is disqualified from holding a certificate if he or she—
a: has been convicted of a specified offence within the past 5 years; or
b: has been convicted within the past 5 years of an offence under this Act (other than an offence punishable by no more than a fine not exceeding $2,000); or
c: is under the age of 18 years; or
d: has been convicted of any offence under the Pawnbrokers Act 1908 Secondhand Dealers Act 1963
e: has been subject, at any time within the past 5 years, to a sentence of imprisonment; or
f: has had a certificate or licence cancelled, or had renewal of a certificate or licence refused, within the past 5 years; or
g: holds a certificate that is suspended; or
h: is, or was at the relevant time, a person concerned in the management of a company that has had a licence cancelled within the past 5 years.
23: Waiver of disqualification
1: A Licensing Authority section 22
a: the disqualified person applies in writing to the Licensing Authority for a waiver; and
b: any prescribed fee is paid; and
c: 1 or both of the following apply to the disqualification:
i: the disqualification is on the ground set out in section 22(a)
ii: the disqualification is on 1 or more of the grounds set out in section 22(b) to (h)
d: the Licensing Authority is satisfied, on the basis of written material before him or her, that there are special reasons why the person should not be disqualified from holding a certificate taking into account—
i: the person’s character, circumstances, and background; and
ii: the nature of any offence relevant to the person’s disqualification.
2: A person who wishes to seek a waiver of disqualification may do so only in connection with an application for a certificate or licence, or an application for renewal of a certificate or licence, or in connection with the cancellation or suspension of a certificate or the cancellation or suspension of a licence
3: A waiver expires on the expiry of any certificate or licence to which it relates.
4: A Licensing Authority
5: In this section, minor offence Section 23(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 23(1)﻿(c) replaced 29 October 2019 section 282(1) Tribunals Powers and Procedures Legislation Act 2018 Section 23(1)﻿(d) replaced 29 October 2019 section 282(2) Tribunals Powers and Procedures Legislation Act 2018 Section 23(2) amended 29 October 2019 section 282(3) Tribunals Powers and Procedures Legislation Act 2018 Section 23(4) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 23(5) inserted 29 October 2019 section 282(4) Tribunals Powers and Procedures Legislation Act 2018
24: Checks on applicants
1: Within 3 weeks of receiving an application for a certificate, a Licensing Authority
a: whether the applicant has been convicted of a specified offence within the past 5 years; and
b: whether the applicant has been convicted of an offence under this Act, the Pawnbrokers Act 1908 Secondhand Dealers Act 1963
c: whether the applicant has been subject to a sentence of imprisonment at any time within the past 5 years.
2: On receipt of an application for a certificate, a Licensing Authority
a: the Commissioner of Police; and
b: the person providing the report under subsection (1) (unless the person is the Commissioner of Police).
3: When a Licensing Authority
a: the applicant; and
b: the Commissioner of Police, if he or she did not provide that report. Section 24(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 24(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 24(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
25: Police objection
1: The Commissioner of Police may, regardless of the content of the report prepared under section 24(1)
2: Any objection under subsection (1) (a Police objection
a: within 3 weeks of receiving a copy of the application, if the report under section 24(1)
b: within 3 weeks of receiving a copy of the report under section 24(1)
3: The Commissioner of Police must send a copy of the Police objection, if any, to the applicant at the same time that it is sent to a Licensing Authority Section 25(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
26: What happens if Police object to applicant
1: An applicant who receives a copy of a Police objection may—
a: request a hearing in person before a Licensing Authority
i: in writing and accompanied by any prescribed fee
ii: received by the Licensing Authority within 15 working days
b: make written submissions to a Licensing Authority 15 working days
2: If an applicant requests a hearing in person,—
a: if the applicant is also disqualified from holding a certificate, a Licensing Authority section 23
b: if the applicant is not disqualified from holding a certificate, a Licensing Authority section 27 10 working days’
3: If an applicant sends written submissions to a Licensing Authority, or if a Licensing Authority has not heard from the applicant within 15 working days of the date on which the notice of objection was sent, the Authority must, on the basis of the written material before him or her, determine whether to uphold or dismiss the Police objection.
4: If the applicant is not disqualified from holding a certificate and does not request a hearing in person, a Licensing Authority may require the applicant to attend a hearing in person.
5: If a Licensing Authority requires a hearing in person, it must—
a: arrange a time and place for the hearing under section 27
b: give the Commissioner of Police and the applicant at least 10 working days’ written notice of the hearing. Section 26(1)﻿(a) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 26(1)﻿(a)﻿(i) amended 29 October 2019 section 283(1) Tribunals Powers and Procedures Legislation Act 2018 Section 26(1)﻿(a)﻿(ii) amended 29 October 2019 section 283(2) Tribunals Powers and Procedures Legislation Act 2018 Section 26(1)﻿(b) amended 29 October 2019 section 283(2) Tribunals Powers and Procedures Legislation Act 2018 Section 26(1)﻿(b) amended 29 October 2019 section 283(3) Tribunals Powers and Procedures Legislation Act 2018 Section 26(2)﻿(a) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 26(2)﻿(b) amended 29 October 2019 section 283(4) Tribunals Powers and Procedures Legislation Act 2018 Section 26(2)﻿(b) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 26(3) replaced 29 October 2019 section 283(5) Tribunals Powers and Procedures Legislation Act 2018 Section 26(4) inserted 29 October 2019 section 283(6) Tribunals Powers and Procedures Legislation Act 2018 Section 26(5) inserted 29 October 2019 section 283(6) Tribunals Powers and Procedures Legislation Act 2018
27: Hearing into Police objection
1: For the purpose of conducting a hearing into a Police objection, sections 4 to 12 a Licensing Authority
2: Without limiting subsection (1), at a hearing before a Licensing Authority
a: the Commissioner of Police may be represented by any constable
b: the applicant may appear in person or be represented by counsel, or both.
3: At the conclusion of the hearing, a Licensing Authority Section 27(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 27(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 27(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 27(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
28: Eligibility for, and issue of, certificate
1: A person is eligible to hold a certificate if—
a: the person is not disqualified under section 22 section 23
b: either no Police objection has been raised under section 25 a Licensing Authority section 26(3) section 27(3)
2: A Licensing Authority
a: the applicant is eligible to be issued with a certificate; and
b: the application complies with the requirements in section 21(1)
3: If a Licensing Authority 1908 No 141 s 4(2) 1963 No 10 s 5(1) Section 28(1)﻿(b) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 28(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 28(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
29: Complaints by Police about certificate holders, licence holders, and persons concerned in management of company
1: The Commissioner of Police may, at any time, make a complaint to a Licensing Authority
a: a certificate holder; or
b: a licence holder; or
c: a person who is concerned in the management of a company that is a licence holder.
2: A Licensing Authority sections 26 27 section 25
3: If the Licensing Authority upholds the complaint, he or she must,—
a: in the case of a certificate holder, cancel the certificate:
b: in the case of a licence holder, cancel the licence:
c: in the case of a person concerned in the management of a company that is a licence holder,—
i: advise the company that a Police complaint against the person has been upheld and that the person is no longer eligible to hold a certificate; and
ii: 2 weeks after that advice is sent, cancel the company’s licence unless, within that time, the company advises the Licensing Authority that the person is no longer a person concerned in the management of the company. 1908 No 141 s 14 1963 No 10 s 17 Section 29(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 29(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
30: Expiry and renewal of certificates
1: Unless cancelled earlier, a certificate expires 5 years from its date of issue.
2: A certificate may be renewed.
3: Despite subsection (1), if an application for renewal of a certificate is made before the expiry of the certificate, the certificate continues in force until the application for renewal is determined.
4: Sections 21 to 28
5: A renewed certificate is to be treated for all purposes as a new certificate issued under section 28
6: A certificate holder may, at any time, return his or her certificate to a Licensing Authority Section 30(6) amended 14 November 2018 section 284 Tribunals Powers and Procedures Legislation Act 2018
31: Cancellation and suspension of certificates
1: A Licensing Authority
a: the Licensing Authority upholds a Police complaint made under section 29
b: the Licensing Authority is satisfied that the person is disqualified from holding a certificate and—
i: the person has not sought a waiver of disqualification under section 23
ii: the Licensing Authority has refused an application by the person for a waiver of disqualification under section 23
c: the Licensing Authority is satisfied that the certificate was obtained by fraud or mistake.
2: A cancellation or suspension must be in writing, with reasons, and must state the date on which the cancellation or suspension takes effect.
3: If a Licensing Authority
4: A certificate holder commits an offence, and is liable on a Licensing Authority 1908 No 141 s 14 1963 No 10 ss 17, 18 Section 31(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 31(3) amended 14 November 2018 section 285 Tribunals Powers and Procedures Legislation Act 2018 Section 31(4) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 31(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Obligations of certificate holders
32: Obligation to show certificate
1: At any time when a certificate holder is engaged in secondhand dealing or pawnbroking, he or she must, on request by a constable constable
2: A certificate holder commits an offence, and is liable on
3: Section 83 Section 32(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 32(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
33: Updating certificate information
1: If any of the details that were included on the certificate application change (for example, the certificate holder’s contact address), the certificate holder must advise a Licensing Authority
2: On receiving advice under subsection (1), a Licensing Authority
3: If an amended certificate is issued, the certificate holder must immediately return the old certificate to a Licensing Authority
4: A certificate holder commits an offence, and is liable on 1908 No 141 s 8 1963 No 10 s 7 Section 33(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 33(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 33(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 33(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Appeals
34: Appeals against decision of Licensing Authority
1: An applicant for a licence or a certificate may appeal to the District Court a Licensing Authority
2: The holder of a licence or certificate may appeal to the District Court a Licensing Authority
3: To avoid doubt, there is no appeal under this section against a decision of a Licensing Authority
4: An appeal under this section must be brought within 16 working days Section 34(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 34(1) amended 1 March 2017 section 261 District Court Act 2016 Section 34(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 34(2) amended 1 March 2017 section 261 District Court Act 2016 Section 34(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 34(4) amended 14 November 2018 section 286 Tribunals Powers and Procedures Legislation Act 2018
35: Determination of appeal
1: In determining an appeal, the District Court a Licensing Authority
2: The District Court’s decision in the determination of an appeal is final.
3: To avoid doubt, nothing in this section or section 34 a Licensing Authority Section 35(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 35(1) amended 1 March 2017 section 261 District Court 2016 Section 35(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
3: Obligations of licence holders, promoters, and Internet auction providers
1: Obligations of all licence holders
Licences and records
36: Obligation to show and to display licence
1: At any time when a licence holder who is an individual is engaged in secondhand dealing or pawnbroking, he or she must, on request by a constable constable
2: Every licence holder must ensure that a certified copy of his or her licence is prominently displayed so as to be readily visible to the public at every place of business used by the licence holder for secondhand dealing or pawnbroking purposes.
3: A licence holder commits an offence, and is liable on
4: Section 83 1908 No 141 s 11 1963 No 10 s 16 Section 36(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 36(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
37: Employee records
1: Every licence holder must keep an employee record of every person who is employed by the licence holder in the secondhand dealing or pawnbroking business.
2: The employee record must show—
a: the full name, date of birth, contact address, and telephone number (if any) of every employee; and
b: which employees (if any) hold a certificate, and the number of each certificate; and
c: the date on which each employee commenced employment with the licence holder.
3: The employee record must be kept—
a: at the licence holder’s principal place of business; or
b: if the licence holder is an itinerant secondhand dealer, in the possession of that dealer; or
c: if regulations provide that employee records may also be kept elsewhere, in accordance with the regulations.
4: An employer must keep the records on the employee record that relate to each employee for at least 12 months from the date on which the relevant employee ceases employment with the employer.
5: A licence holder commits an offence, and is liable on
a: keep an employee record; or
b: record in it the information required by this section; or
c: keep it at the place and for the period required by this section. Section 37(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
38: Police access to employee records
1: A licence holder must, when required to do so by a constable
a: show the constable
b: make a copy of all or specified parts of it and give the copy to the constable constable
2: If a licence holder gives a constable constable
a: give a receipt for the document; and
b: return it within 2 hours.
3: A licence holder commits an offence, and is liable on
4: Section 83 1908 No 141 ss 11, 28, 29 1963 No 10 s 16 Section 38(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 38(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 38(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 38(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 38(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Goods
39: Obligation to report and hold stolen goods
1: A licence holder who has possession of, or who is offered for sale or pawn, any goods that he or she knows or suspects are stolen goods must—
a: report the goods to a constable
b: if he or she has possession of the goods, hold them for 10 working days constable
2: If a constable
a: immediately notify a constable
b: check whether he or she already has possession of any of the specified goods and, if so, must comply with subsection (1)﻿(a) and (b).
3: A licence holder commits an offence, and is liable on
4: A licence holder may dispose of goods that he or she has reported to the Police under this section after holding them for at least 10 working days 10 working days section 40
5: Subsection (4) does not override section 60 1908 No 141 ss 34, 36 Section 39(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39(1)﻿(b) amended 14 November 2018 section 287(1) Tribunals Powers and Procedures Legislation Act 2018 Section 39(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 39(4) amended 14 November 2018 section 287(2) Tribunals Powers and Procedures Legislation Act 2018
40: Police may issue hold notice
1: A constable constable
2: If a licence holder is issued with a hold notice, he or she must not dispose of the goods identified in the notice for 28 days from the date of the notice except with the authority of a constable
3: A licence holder commits an offence, and is liable on constable
4: Subsection (2) does not override section 60 Section 40(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 40(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 40(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 40(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
41: Obligation to give Police access to goods
1: A licence holder must, when required to do so by a constable constable
2: A licence holder commits an offence, and is liable on constable constable
3: Section 83 Section 41(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 41(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
2: Obligations of licensed secondhand dealers
Records and verification of identity
42: Dealers record
1: Every licensed secondhand dealer must keep a dealers record.
2: The dealers record must show the following information with respect to every article acquired by a licensed secondhand dealer in the course of business as a secondhand dealer:
a: the identity of the person from whom the article is acquired, which must include—
i: the person’s full name, contact address, and contact telephone number (if any):
ii: the manner in which the person’s identity was verified or, if the identity was not verified, the reason for that (as set out in section 43(3)
iii: the person’s date of birth (unless the person’s identity was not verified):
iv: the person’s signature (unless the person’s identity was not verified):
b: a description of the article and its serial number or other unique identifier (if any):
c: the purchase price paid by the secondhand dealer:
d: the number assigned by the licensed secondhand dealer to the article:
e: the name and signature of the person who conducted the transaction on behalf of the licensed secondhand dealer:
f: the date of the transaction:
g: in the case only of an article with an apparent resale value of more than $40 or such other amount as may be prescribed, either—
i: the date on which the article was sold; or
ii: an account of how and when the article was otherwise disposed of:
h: any other prescribed information.
3: The dealers record must show the following information with respect to all scrap metal acquired by a licensed secondhand dealer in the course of business as a secondhand dealer:
a: the identity of the person from whom the scrap metal is acquired, which must include the matters set out in subsection (2)﻿(a):
b: a description of the nature and quantity of the scrap metal:
c: the name and signature of the person who conducted the transaction on behalf of the licensed secondhand dealer:
d: the date of the transaction:
e: any other prescribed information.
3A: The dealers record must show the following information with respect to any functioning motor vehicle acquired by a licensed secondhand dealer in the course of business as a secondhand dealer:
a: the identity of the person from whom the vehicle is acquired, which must include the matters set out in subsection (2)﻿(a):
b: the name and signature of the person who conducted the transaction on behalf of the licensed secondhand dealer:
c: the date of the transaction:
d: the vehicle’s vehicle identification number (VIN) or chassis number:
e: the vehicle’s registration number, if available:
f: any other prescribed information.
4: The information required to be shown in the dealers record must be added to the record as soon as practicable after the information is available.
5: A licensed secondhand dealer commits an offence, and is liable on
a: fails without reasonable excuse to—
i: keep a dealers record; or
ii: record in it the information required by this section; or
iii: add information to it as soon as practicable after the information is available; or
b: makes a false entry in his or her dealers record.
6: In this section, functioning motor vehicle
a: a motor vehicle that will function if minor repairs are made to it, including the replacement or addition of a part:
b: a motor vehicle that does not comply with any legal requirement that must be met for it to operate on the road. 1963 No 10 ss 12, 12A Section 42(3A) inserted 29 October 2019 section 288(1) Tribunals Powers and Procedures Legislation Act 2018 Section 42(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 42(6) inserted 29 October 2019 section 288(2) Tribunals Powers and Procedures Legislation Act 2018
43: Verifying identity
1: A licensed secondhand dealer must verify the identity of the person from whom an article is acquired, except in the circumstances set out in subsection (3).
2: A person’s identity may be verified for the purposes of subsection (1)—
a: by sighting the person’s authorised identification; or
b: by personal knowledge, in which case if any details about the person that are recorded in the secondhand dealer’s dealers record are incorrect, the secondhand dealer is regarded as having made a false entry, without reasonable excuse, in his or her dealers record; or
c: by any other prescribed method.
3: A secondhand dealer need not obtain evidence of the identity of a person from whom goods are acquired in the following situations:
a: where the goods are acquired at a public auction conducted by a registered
b: where the goods are acquired through an Internet auction run by an Internet auction provider that complies with any prescribed requirements:
c: where the goods are acquired at a garage sale and the secondhand dealer keeps a record of the address at which the goods were sold:
d: where the goods are acquired from a seller who is overseas:
e: in any other prescribed situation. Section 43(3)﻿(a) amended 18 December 2013 section 28(3) Auctioneers Act 2013
44: Storage of dealers record
1: Every dealers record must be kept—
a: at the secondhand dealer’s principal place of business; or
b: in the case of an itinerant secondhand dealer, in the possession of that dealer; or
c: if regulations provide that dealers records may also be kept elsewhere, in accordance with the regulations.
2: The information in the dealers record relating to any article, scrap metal, or functioning motor vehicle article, scrap metal, or functioning motor vehicle
3: Every dealers record must be kept available for inspection (at any reasonable hour) on request by a constable
4: A licensed secondhand dealer commits an offence, and is liable on 1963 No 10 ss 12, 12A Section 44(2) amended 29 October 2019 section 289 Tribunals Powers and Procedures Legislation Act 2018 Section 44(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 44(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
45: Police access to dealers record
1: A licensed secondhand dealer must, when required to do so by a constable
a: show the constable
b: make a copy of all or specified parts of it and give the copy to the constable constable
2: If a licensed secondhand dealer gives a constable constable
a: give a receipt for the document; and
b: return the document to the dealer within 2 hours.
3: A licensed secondhand dealer commits an offence, and is liable on
4: Section 83 Section 45(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 45(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 45(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 45(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 45(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Secondhand dealing
46: Secondhand dealers not to enter into buyback contracts
No licensed secondhand dealer may enter into a buyback contract as a buyer while apparently acting in the course of business as a secondhand dealer.
47: Articles to be kept for
10 working days
1: Every article acquired by a licensed secondhand dealer in the course of his or her secondhand dealing business must be retained by the secondhand dealer in an unaltered state for 10 working days
2: Every article acquired by a licensed secondhand dealer in the course of his or her secondhand dealing business must be stored, for the first 10 working days constable constable
3: Despite subsection (1), articles need not be retained for 10 working days
a: the article was acquired by the licensed secondhand dealer from a licensed secondhand dealer and pawnbroker; or
b: the article is returned to the person from whom the licensed secondhand dealer acquired it; or
c: the article is being sold by the licensed secondhand dealer as agent for the owner, and the licensed secondhand dealer notes on his or her dealers record—
i: the purchaser’s full name, date of birth, contact address, and contact telephone number (if any); and
ii: the manner in which the licensed secondhand dealer verified the purchaser’s identity, which must be by one of the methods set out in section 43(2)
iii: the purchaser’s signature. 1963 No 10 ss 14, 15 Section 47 heading amended 14 November 2018 section 290(1) Tribunals Powers and Procedures Legislation Act 2018 Section 47(1) amended 14 November 2018 section 290(2) Tribunals Powers and Procedures Legislation Act 2018 Section 47(2) amended 14 November 2018 section 290(3) Tribunals Powers and Procedures Legislation Act 2018 Section 47(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 47(3) amended 14 November 2018 section 290(4) Tribunals Powers and Procedures Legislation Act 2018
48: Articles to be labelled
1: A label in the prescribed form bearing the number assigned by a secondhand dealer to an article must be affixed to the article at all times until it is sold or otherwise disposed of.
2: Subsection (1) does not apply to the extent that this Act or regulations prescribe otherwise.
49: Modification of rules where groups of articles acquired as single item
1: This section applies where a secondhand dealer acquires a group of articles as a single item (such as a box of miscellaneous goods or a collection of articles).
2: An article in a group must be separately identified and be treated as a single article for the purposes of this Act only if it has—
a: an apparent resale value of more than $40 or such other amount as may be prescribed; or
b: a serial number on it which may be used as a unique identifier.
3: All remaining articles in the group must be treated as a single article for the purposes of this Act, and—
a: the individual articles in the group need not be labelled under section 48
b: the disposal of the group and the individual articles in it need not be recorded in the dealers record under section 42(2)﻿(g)
4: The fact that an article is offered for sale at a price of more than $40 (or other prescribed amount) is conclusive proof that the item has or had an apparent resale value of more than that amount.
50: Offences relating to secondhand dealing
1: A licensed secondhand dealer commits an offence, and is liable on
2: A licensed secondhand dealer commits an offence, and is liable on
a: to comply with section 47(1) and (2)
b: to comply with section 48 Section 50(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 50(2 amended 1 July 2013 section 413 Criminal Procedure Act 2011
3: Obligations of licensed pawnbrokers
Records and verification of identity
51: Pawnbrokers record
1: Every licensed pawnbroker must keep a pawnbrokers record.
2: The pawnbrokers record must show the following information with respect to all goods pledged to the pawnbroker in the course of business as a pawnbroker:
a: the identity of the pledger, which must include—
i: the pledger’s name, contact address, and contact telephone number (if any); and
ii: the form of authorised identification used to verify the pledger’s identity, date of birth, and fact that the pledger is aged 18 years or over; and
iii: the signature of the pledger:
b: a description of the pawned goods, including their serial numbers or other unique identifier (if any):
c: the number assigned by the pawnbroker to each item:
d: the name and signature of the person who conducted the transaction on behalf of the licensed pawnbroker:
e: the redemption date:
f: the amount of money advanced on the goods:
g: the redemption fee
h: the total redemption price payable at the redemption date, and whether any lesser amount is payable if the goods are redeemed before that date:
i: either—
i: the date on which the goods are redeemed, and the amount for which they are redeemed; or
ii: the date on which, and the price for which, the goods are sold, and the amount (if any) returned to the pledger:
j: any other prescribed information.
3: The information required to be shown in the pawnbrokers record must be added to the record as soon as practicable after the information is available.
4: A licensed pawnbroker commits an offence, and is liable on
a: fails without reasonable excuse—
i: to keep a pawnbrokers record; or
ii: to record in it the information required by this section; or
iii: to add information to it as soon as practicable after the information is available; or
b: makes a false entry in his or her pawnbrokers record. 1908 No 141 s 17 Section 51(2)﻿(g) amended 24 October 2019 section 136 Statutes Amendment Act 2019 Section 51(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
52: Verifying identity of pledgers
1: A licensed pawnbroker must verify the identity of every pledger from whom he or she accepts a pledge.
2: A pledger’s identity may be verified for the purpose of subsection (1)—
a: by sighting the person’s authorised identification; or
b: by personal knowledge, in which case if any details about the person that are recorded in the pawnbroker’s pawnbrokers record are incorrect, the pawnbroker is regarded as having made a false entry without reasonable excuse in his or her pawnbrokers record; or
c: by any other prescribed method.
53: Storage of pawnbrokers record
1: Every pawnbrokers record must be kept—
a: at the pawnbroker’s principal place of business; or
b: if regulations provide that pawnbrokers records may also be kept elsewhere, in accordance with the regulations.
2: The information in the pawnbrokers record relating to any goods must be kept for not less than 3 years from the date of the transaction relating to those goods.
3: Every pawnbrokers record must be available for inspection on request at any reasonable hour by a constable
4: A licensed pawnbroker commits an offence, and is liable on 1908 No 141 s 17 Section 53(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 53(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
54: Police access to pawnbrokers record
1: A licensed pawnbroker must, when required to do so by a constable
a: show the constable
b: make a copy of all or specified parts of it and give the copy to the constable constable
2: If a licensed pawnbroker gives a constable constable
a: give a receipt for the document; and
b: return the document to the pawnbroker within 2 hours.
3: A licensed pawnbroker commits an offence, and is liable on
4: Section 83 1908 No 141 ss 28, 29 Section 54(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Pawnbroking
55: Pawnbrokers not to enter into buyback contracts
No licensed pawnbroker may enter into a buyback contract as a buyer while apparently acting in the business of a pawnbroker.
56: Pawnbrokers to enter into contracts only at pawnbroking premises
A pawnbroker may enter into a pawnbroking contract only at pawnbroking business premises identified in the pawnbroker’s licence.
57: Redemption price
1: The redemption price of any pawned goods is—
a: the amount of money advanced on the goods; plus
b: the redemption fee
2: A pawnbroker may charge only a redemption fee
3: A pawnbroker may advance only money, and not any other thing, on a pledge. Section 57(1)﻿(b) amended 24 October 2019 section 137(1) Statutes Amendment Act 2019 Section 57(2) amended 24 October 2019 section 137(2) Statutes Amendment Act 2019
58: Redemption date
1: The redemption date of any pawned goods is the last day on which the pawnbroker must hold the goods for redemption by the pledger.
2: The redemption date is the later of—
a: the date that is 3 months later than the date on which the pledge was entered into; or
b: a date agreed to between the pawnbroker and the pledger.
59: Pledge tickets
1: At the time when a pledger gives possession of pawned goods to a licensed pawnbroker, the pawnbroker must give the pledger a pledge ticket for the goods.
2: If a form of pledge ticket is prescribed, the pledge ticket must be in that form; but in any case every pledge ticket must show—
a: the name of the pledger; and
b: the address at which the pawned goods may be redeemed; and
c: the matters set out in section 51(2)﻿(b) to (h)
d: a summary of the rights of pledgers and the obligations of pawnbrokers under the pledge, as provided in this Act.
3: The pledger must produce the pledge ticket to the licensed pawnbroker if he or she wishes to redeem the pawned goods.
4: A licensed pawnbroker is entitled, in the absence of proof to the contrary, to assume that the holder of a pledge ticket is in fact the pledger of the goods identified on the ticket.
5: A licensed pawnbroker must issue a replacement pledge ticket if satisfied that the person seeking the replacement ticket is in fact the pledger, or agent of the pledger, of the pawned goods to which it relates. 1908 No 141 ss 19, 21, 22
60: Pawned goods to be retained until redemption date
A licensed pawnbroker may not dispose of pawned goods on or before the redemption date, except by way of redemption of the goods by the pledger or as otherwise provided in this Act. 1908 No 141 s 23
61: Pawned goods to be labelled
1: A label in the prescribed form bearing the number assigned by a pawnbroker to pawned goods must be affixed to the goods at all times until the goods are redeemed or disposed of.
2: Subsection (1) does not apply to the extent that regulations prescribe otherwise. 1908 No 141 s 18
62: Right of pledger to redeem and inspect pawned goods
1: A pledger may, at any time, redeem his or her pawned goods from a licensed pawnbroker on payment of the redemption price.
2: A pledger may, at any reasonable time, inspect any of his or her goods that are held by a licensed pawnbroker.
3: An inspection under subsection (2) may consist of—
a: the pledger viewing, but not handling, the goods; or
b: a demonstration by the pawnbroker of the operation of the goods.
63: Right of pawnbroker to sell unredeemed goods after redemption date and retain redemption price
1: If a pledger does not redeem his or her pawned goods on or before the redemption date, the pawnbroker may sell the goods in order to recover the redemption price.
2: Goods to be offered for sale by a pawnbroker must be offered for sale by way of—
a: a public auction conducted by a person who is not—
i: the pawnbroker; or
ii: the pawnbroker’s spouse, civil union partner, de facto partner, parent, child, or sibling; or
iii: an employee of the pawnbroker; or
iv: in the case of a pawnbroker that is a company, a person concerned in the management of the company; or
b: an Internet auction conducted on a publicly accessible Internet auction website that complies with any prescribed requirements.
3: If the redemption price (or more) of pawned goods is bid for those goods, the goods must be sold at the auction.
4: If, having been offered for sale at public auction or Internet auction, the goods remain unsold, the pawnbroker may sell the goods in any other way that is reasonable, having regard to the need to obtain a realistic price for the goods. The fact that the goods are subsequently sold for a price less than the redemption price does not necessarily show that the subsequent method of sale was unreasonable.
5: When a pawnbroker sells pawned goods, he or she may retain from the sale price the redemption price of the goods. 1908 No 141 ss 24, 25 Section 63(2)﻿(a)﻿(ii) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005
64: What happens if sale price is greater than redemption price
1: In this section, excess
2: A pledger is entitled to 90% of any excess received by the pawnbroker on the sale of the pledger’s goods, provided that the excess is claimed within 6 months of the date of the sale.
3: The pawnbroker may retain the remaining 10% of the excess.
4: If an excess is $10 or more, the pawnbroker must, as soon as practicable after the sale, write to the pledger at his or her last known address advising him or her of—
a: the amount of excess to which he or she is entitled; and
b: the date by which it must be claimed.
5: If the pledger does not claim his or her portion of the excess within 6 months of the date of the sale, the pawnbroker may keep that portion also. 1908 No 141 s 26
65: Miscellaneous rules about pawnbroking
1: A licensed pawnbroker may not accept a pledge from a person who is under the age of 18 years.
2: Every pawnbroking contract is subject to this Act and every other enactment.
3: A pawnbroker may not purchase goods that are the subject of a pawnbroking contract with that pawnbroker, except as provided in section 66 1908 No 141 s 33
66: Sale of goods by pledger to pawnbroker
1: If, after entering into a pawnbroking contract, a pledger wishes to sell any of the goods that are the subject of the contract, the pawnbroker who accepted the pledge may buy the goods if—
a: the purchase price of the goods is more than the redemption price of those goods; and
b: the difference between the redemption price and the purchase price is paid in cash to the seller at the time of the sale; and
c: the pawnbroker records the sale and the purchase price in his or her pawnbrokers record.
2: When goods are purchased under this section,—
a: the pawnbroking contract is treated, so far as it relates to those goods, as having been cancelled immediately before the sale; and
b: sections 60 63 64 67(1)﻿(c), (f), and (g)
67: Offences relating to pawnbroking
1: A licensed pawnbroker commits an offence, and is liable on
a: enters into a buyback contract as a buyer while apparently acting in the course of business as a pawnbroker:
b: enters into a pawnbroking contract at any place other than pawnbroking business premises identified in his or her licence:
c: sells or otherwise disposes of any pawned goods on or before the redemption date of the goods:
d: fails to issue a pledge ticket, or issues a pledge ticket that does not comply with section 59
e: fails to allow a pledger to redeem or inspect goods pawned by the pledger:
f: sells pawned goods without first offering them for sale at public auction or Internet auction:
g: fails, when a pledger claims an excess (as defined in section 64(1)
h: accepts a pledge from a pledger aged under 18 years:
i: fails to comply with any of the conditions set out in section 66(1)
2: A licensed pawnbroker commits an offence, and is liable on sections 55 to 65 1908 No 141 s 24 Section 67(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 67(2 amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Obligations of promoters and Internet auction providers
Records
68: Promoters record
1: Every promoter must keep a promoters record.
2: The promoters record must show, with respect to every market or fair at which the promoter provides space to stallholders,—
a: the date or dates on, or the period during, which the market or fair operates; and
b: the location of the market or fair; and
c: in relation to every stallholder who proposes to sell secondhand articles or scrap metal at the market or fair,—
i: the stallholder’s full name, date of birth, contact address, and contact telephone number (if any); and
ii: if the stallholder holds a licence or a certificate, the number of that licence or certificate; and
iii: if the stallholder does not hold a licence or a certificate, a record of how the promoter verified the identity of the stallholder, which must be one of the methods set out in subsection (3); and
iv: the signature of the stallholder; and
v: any other prescribed information.
3: A promoter may verify the identity of a stallholder by—
a: sighting the person’s authorised identification; or
b: personal knowledge, in which case if any details about the person that are recorded in the promoter’s promoters record are incorrect, the promoter is regarded as having made a false entry, without reasonable excuse, in his or her promoters record; or
c: any other prescribed method.
4: The information in a promoters record about a particular market or fair and the stallholders at it must be kept by the promoter for at least 12 months from the date of the market or fair.
5: A promoter must, when required to do so by a constable
a: make, and give to the constable
b: if that is impracticable, give the promoters record or specified part of it to the constable constable
i: give a receipt for the document; and
ii: return the document within 2 hours.
6: A promoter commits an offence, and is liable on
a: fails to comply with the requirements of this section relating to the promoters record; or
b: makes a false entry in his or her promoters record; or
c: fails to give his or her promoters record, or a specified part of it, to a constable
7: Section 83 Section 68(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 68(5)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 68(5)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 68(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 68(6)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
69: Internet auction providers record
1: Every Internet auction provider must keep an Internet auction providers record.
2: The Internet auction providers record must show the following information:
a: the full name, date of birth, contact telephone number, and email address of every person offering secondhand articles or scrap metal for sale on the Internet auction provider’s website; and
b: any other prescribed information.
3: The information in an Internet auction providers record about a particular sale or attempted sale must be kept by the Internet auction provider for at least 12 months from the date bids closed for that sale or attempted sale.
4: An Internet auction provider must, when required to do so by a constable
a: show the constable
b: make a copy of all or specific parts of it and give the copy to the constable constable constable
i: give a receipt for the document; or
ii: return the document to the Internet auction provider within 2 hours.
5: An Internet auction provider commits an offence, and is liable on
a: fails to comply with the requirements of this section relating to his or her Internet auction providers record; or
b: makes a false entry in his or her Internet auction providers record; or
c: fails to provide access by a constable
6: Section 83 Section 69(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 69(4)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 69(4)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 69(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 69(5)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
4: Licensing
Authorities Part 4 heading amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Licensing Authorities Authorities Heading amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
70: Appointment of Licensing
Authorities
1: The Minister of Justice must, with the concurrence of the responsible Minister, appoint 1 or more persons to be Licensing Authorities, and may give the Authorities distinctive designations and from time to time change any designation
2: A Licensing Authority
a: must be appointed for a term of up to 5 years
b: may be reappointed for further terms of up to 5 years
c: remains in office, despite the expiry of his or her term of office, until a successor is appointed or he or she is advised that a replacement Authority will not be appointed
3: A Licensing Authority
4: The Minister of Justice may, at any time, remove a Licensing Authority
5: A Licensing Authority who continues in office for any period under subsection (2)﻿(c) may act as an Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Authority before the expiry of his or her term of office:
b: hearing any other proceedings.
6: A Licensing Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard. Section 70 heading amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 70(1) amended 14 November 2018 section 291(1) Tribunals Powers and Procedures Legislation Act 2018 Section 70(2) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 70(2)﻿(a) amended 14 November 2018 section 291(2) Tribunals Powers and Procedures Legislation Act 2018 Section 70(2)﻿(b) amended 14 November 2018 section 291(3) Tribunals Powers and Procedures Legislation Act 2018 Section 70(2)﻿(c) amended 14 November 2018 section 291(4) Tribunals Powers and Procedures Legislation Act 2018 Section 70(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 70(4) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 70(5) inserted 14 November 2018 section 291(5) Tribunals Powers and Procedures Legislation Act 2018 Section 70(6) inserted 14 November 2018 section 291(5) Tribunals Powers and Procedures Legislation Act 2018
71: Deputy Licensing Authorities
1: The Minister of Justice may, by notice in the Gazette
a: 1 or more of the Licensing Authorities are unable, because of the absence (for any reason) of 1 or more of them, to perform the functions of office; or
b: the amount of work to be done by the Licensing Authorities is more than can be reasonably done by the existing Authorities at that time.
2:
2A: A Deputy Licensing Authority—
a: must be appointed for a term of up to 5 years; and
b: may be reappointed for further terms of up to 5 years; and
c: remains in office, despite the expiry of his or her term of office, until a successor is appointed or he or she is advised that a replacement Deputy Licensing Authority will not be appointed.
2B: A Deputy Licensing Authority may resign from office by notice in writing to the Minister of Justice.
2C: The Minister of Justice may, at any time, remove a Deputy Licensing Authority for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, and the person removed from office is not entitled to compensation.
2D: A Deputy Licensing Authority who continues in office for any period under subsection (2A)﻿(c) may act as an Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Authority before the expiry of his or her term of office:
b: hearing any other proceedings.
2E: A Deputy Licensing Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
3: A Deputy Licensing Authority has and may exercise the powers (including the powers listed in section 76(1) a Licensing Authority a Licensing Authority
4: The fact that a Deputy Licensing Authority exercises the powers, duties, and functions of a Licensing Authority
5: No appointment of a Deputy Licensing Authority, and no act done by him or her when acting as a Deputy Licensing Authority, may be called into question in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 71(1)﻿(a) replaced 14 November 2018 section 292(1) Tribunals Powers and Procedures Legislation Act 2018 Section 71(1)﻿(b) replaced 14 November 2018 section 292(1) Tribunals Powers and Procedures Legislation Act 2018 Section 71(2) repealed 14 November 2018 section 292(2) Tribunals Powers and Procedures Legislation Act 2018 Section 71(2A) inserted 14 November 2018 section 292(3) Tribunals Powers and Procedures Legislation Act 2018 Section 71(2B) inserted 14 November 2018 section 292(3) Tribunals Powers and Procedures Legislation Act 2018 Section 71(2C) inserted 14 November 2018 section 292(3) Tribunals Powers and Procedures Legislation Act 2018 Section 71(2D) inserted 14 November 2018 section 292(3) Tribunals Powers and Procedures Legislation Act 2018 Section 71(2E) inserted 14 November 2018 section 292(3) Tribunals Powers and Procedures Legislation Act 2018 Section 71(3) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 71(4) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
72: Remuneration, and status under certain Acts
1: All Licensing Authorities and any Deputy Licensing Authority must be paid fees and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies, as if each Licensing Authority were the chairperson of a statutory body and any Deputy Licensing Authority were a member of that body.
2: For the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956 Section 72(1) replaced 14 November 2018 section 293 Tribunals Powers and Procedures Legislation Act 2018 Section 72(2) amended 7 August 2020 section 135 Public Service Act 2020
73: Immunity
Neither a Licensing Authority Section 73 amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
74: Functions of Licensing
Authorities The functions of the Licensing Authorities
a: to carry out the functions of the Licensing Authorities Part 2
b: to establish and maintain the public registers described in section 78
c: to perform all other functions required by this Act. Section 74 heading amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 74 amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 74(a) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
74A: Orderly and efficient operation
1: A Licensing Authority is responsible for making such arrangements as are practicable to ensure that he or she and any Deputy Licensing Authority performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
2: If more than 1 Licensing Authority is appointed, they must act together in making those arrangements for any Deputy Licensing Authority. Section 74A inserted 14 November 2018 section 294 Tribunals Powers and Procedures Legislation Act 2018
74B: Contempt of Licensing Authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs a Licensing Authority or any witness or officer of a Licensing Authority during a sitting of a Licensing Authority or while a Licensing Authority, a witness, or an officer is going to, or returning from, a sitting of a Licensing Authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of a Licensing Authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of a Licensing Authority; or
d: wilfully and without lawful excuse disobeys any order or direction of a Licensing Authority in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: A Licensing Authority may order the exclusion from a sitting of that Authority of any person whose behaviour, in the opinion of the Licensing Authority, constitutes an offence against subsection (1), whether or not the person is charged with the offence, and any officer of a Licensing Authority or constable may take any steps that are reasonably necessary to enforce the exclusion. Section 74B inserted 14 November 2018 section 294 Tribunals Powers and Procedures Legislation Act 2018
75: Administrative support for Licensing Authorities
The responsible Minister must ensure that the department that is authorised to provide administrative support to the Licensing Authorities provides that support in a manner that enables each Authority to exercise or perform his or her powers, duties, and functions efficiently and effectively. Section 75 replaced 14 November 2018 section 295 Tribunals Powers and Procedures Legislation Act 2018
76: Delegations
1: A Licensing Authority
a: the power to conduct hearings into Police objections and Police complaints:
b: the power to waive a disqualification from holding a certificate:
c: the power to cancel a licence, and the power to cancel or suspend a certificate:
d: the power, under section 18
e: the power of delegation under this section.
2: Subject to any general or special directions given or conditions attached to a delegation, the person to whom the function, duty, or power is delegated must perform and may exercise those functions, duties, and powers in the same manner and with the same effect as if they had been conferred on that person directly by this section and not by delegation.
3: A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
4: A delegation may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or specified classes of offices.
5: A delegation is revocable in writing at will, and a delegation does not prevent the exercise of any function, duty, or power by a Licensing Authority
6: A delegation continues in force according to its tenor until revoked, even if a Licensing Authority Section 76(1) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 76(5) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 76(6) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
76A: Procedure
1: A Licensing Authority may regulate his or her procedures as he or she sees fit, subject to this Act, any regulations made under it, and any practice notes issued under section 77A
2: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if a Licensing Authority considers it appropriate and the necessary facilities are available. Section 76A inserted 14 November 2018 section 296 Tribunals Powers and Procedures Legislation Act 2018
76B: Hearing on papers
1: Despite anything in this Act to the contrary, a Licensing Authority may determine a proceeding on the papers if he or she considers it appropriate.
2: Before doing so, the Licensing Authority must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner. Section 76B inserted 14 November 2018 section 296 Tribunals Powers and Procedures Legislation Act 2018
76C: Suppression orders
1: A Licensing Authority may order that any part of any evidence given or the name of any witness not be published.
2: An order may be subject to any conditions that the Licensing Authority considers appropriate.
3: A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000. Section 76C inserted 14 November 2018 section 296 Tribunals Powers and Procedures Legislation Act 2018
77: Annual report
1: Within 3 months after the end of every financial year, all Licensing Authorities acting together must prepare and send to the Minister of Justice a report on the activities of the Authorities during the previous financial year that contains the prescribed matters.
2: The Minister of Justice must present a copy of the report to the House of Representatives within 20 sitting days after the date on which the Minister receives it. Section 77 replaced 14 November 2018 section 297 Tribunals Powers and Procedures Legislation Act 2018
77A: Practice notes
1: All Licensing Authorities acting together may issue practice notes, to apply to all of them, as they think fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of a Deputy Licensing Authority, officers of a Licensing Authority, and parties before a Licensing Authority. Section 77A inserted 14 November 2018 section 298 Tribunals Powers and Procedures Legislation Act 2018
77B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Licensing Authorities and how to make an application or a complaint:
b: any requirements that must be met for an application or a complaint:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. Section 77B inserted 29 October 2019 section 299 Tribunals Powers and Procedures Legislation Act 2018
77C: Online publication of final written decisions
1: Every final written decision of a Licensing Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 76C
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, a Licensing Authority nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers:
c: an oral decision transcribed by an official transcription service. Section 77C inserted 29 October 2019 section 299 Tribunals Powers and Procedures Legislation Act 2018 Registers
78: Public registers of licence holders and certificate holders
1: The Licensing Authorities acting together must establish, and must maintain with up-to-date information, the following 2 registers as public registers:
a: a licence holders register:
b: a certificate holders register.
2: The Licensing Authorities acting together must determine the form of the registers, and may amend the form from time to time as they consider necessary, providing that the content of the registers is as set out in sections 79 80 Section 78 replaced 14 November 2018 section 300 Tribunals Powers and Procedures Legislation Act 2018
79: Content of licence holders register
The licence holders register must contain the following information in relation to each licensed secondhand dealer and pawnbroker:
a: the full name of the licence holder:
b: the licence holder’s principal place of business:
c: the number of the licence:
d: the date of issue of the licence:
e: in the case of a licence holder who is an individual, whether the person is in partnership and, if so, the name of every partner:
f: in the case of a licence holder that is a company, the name of every person concerned in the management of the company:
g: the street address of every place of business used by the licence holder:
h: the licence holder’s email address, but only if the licence holder supplies that information and agrees to a Licensing Authority Section 79(h) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018
80: Content of certificate holders register
1: The certificate holders register must contain the following information in relation to each certificate holder:
a: the full name of the certificate holder:
b: the number of the certificate:
c: the date of issue of the certificate.
2: The register must also show whether a certificate is suspended.
81: Public access to public registers
All Licensing Authorities acting together
a: that the information contained in the public registers is available to members of the public to view at all reasonable times; and
b: that members of the public may copy or purchase all, or any part of, the information contained in the public registers at no more than a reasonable cost. Section 81 amended 14 November 2018 section 301 Tribunals Powers and Procedures Legislation Act 2018
82: Police access to other information held by Licensing
Authorities If a constable from any Licensing Authority, the relevant Licensing Authority constable
a: any information contained in an application for a licence or a certificate:
b: any information relating to changes to information provided by licence holders or certificate holders:
c: information relating to the cancellation of any licence or to the cancellation or suspension of any certificate. Section 82 heading amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 82 amended 14 November 2018 section 302 Tribunals Powers and Procedures Legislation Act 2018 Section 82 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Defences to certain charges
83: Charges involving failure to show or make copy of document, or show or make available any thing
1: It is a defence to a charge under this Act involving a failure, following a request by a constable constable
a: the constable constable
b: the request was made at a time or in a manner that was unreasonable in the circumstances.
2: This section does not limit any other defences that may be available. Section 83(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 83(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Regulations
84: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: amending Schedule 1
b: amending Schedule 2
i: adding or removing forms of identification that are authorised forms for the purposes of this Act; or
ii: replacing the list of authorised identification in order to consolidate, reorganise, or correct it:
c: authorising ways of verifying identity, or providing for exemptions from the requirement to verify identity, that are additional to those provided for in sections 43 52 68(3)
d: prescribing the procedure for, and making other provisions relating to, the conduct of public auctions for the purposes of this Act:
e: prescribing a class or classes of secondhand dealers who are not engaged in business as secondhand dealers for the purposes of this Act:
f: prescribing the matters for which fees are payable under this Act and the amount of those fees:
fa: providing for the exemption from fees, in whole or in part:
g: prescribing the size or form of the photograph that is required to accompany an application, and prescribing the manner in which it is to be authenticated:
h: prescribing alternative places in which, or arrangements under which, employee records, dealers records, pawnbrokers records, promoters records, and Internet auction providers records may be kept:
i: prescribing, with respect to dealers records, pawnbrokers records, promoters records, and Internet auction providers records (or any of those records), any or all of the following:
i: the form in which the records must be kept:
ii: the classes of person to which, or circumstances in which, the requirements of this Act or regulations made under this paragraph do not apply:
iii: additional information that must be recorded in any record:
j: prescribing matters that must be noted on a dealers record where articles are not retained for 14 days:
k: prescribing the form of labels to be affixed to articles and pawned goods; and the regulations may provide—
i: for different labels for different kinds of articles or goods; and
ii: for the manner in which any prescribed label must or may be affixed:
l: adjusting the amount referred to in section 49(2)﻿(a)
m: prescribing the circumstances in which labels need not be affixed to articles, scrap metal, or pawned goods of a specified type or types, or prescribing articles, scrap metal, and pawned goods to which labels need never be affixed:
n: prescribing the form of pledge ticket:
o: prescribing the requirements that must be satisfied by an Internet auction website if—
a: under section 43(3)﻿(b)
b: pawnbrokers are to be permitted under section 63(2)﻿(b)
p: prescribing the matters to be included in the annual report of the Licensing Authorities
q: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 84(1)﻿(f) replaced 14 November 2018 section 303 Tribunals Powers and Procedures Legislation Act 2018 Section 84(1)﻿(fa) inserted 14 November 2018 section 303 Tribunals Powers and Procedures Legislation Act 2018 Section 84(1)﻿(g) replaced 14 November 2018 section 303 Tribunals Powers and Procedures Legislation Act 2018 Section 84(1)﻿(p) amended 14 November 2018 section 304 Tribunals Powers and Procedures Legislation Act 2018 Section 84(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional provisions
85: Existing licence deemed to be transitional licence
1: On the date on which this section comes into force, every person who, immediately before that date, held a licence issued under the Secondhand Dealers Act 1963 Pawnbrokers Act 1908 Auctioneers Act 1928 transitional licence
2: A transitional licence expires on the earlier of the following:
a: the date on which the licence holder is granted a licence under Part 2
b: the date that is 1 year later than the date on which this section comes into force.
3: Despite anything in this Act, none of the following are obliged to hold a certificate:
a: an individual who holds a transitional licence:
b: a person who engages in transactions on behalf of a secondhand dealer who holds a transitional licence:
c: a person who issues a pledge ticket on behalf of a pawnbroker who holds a transitional licence.
4: Section 15(1) to (5)
5: If a person who holds a transitional licence applies under section 8 Part 2
86: Applications not complete by commencement date
1: As soon as practicable after this section comes into force, every application for a licence under the Secondhand Dealers Act 1963 Pawnbrokers Act 1908
a: be forwarded to the Licensing Authority; and
b: be treated as if it were an application under this Act for a secondhand dealer and pawnbroker licence.
2: If the information contained in an application referred to in subsection (1) is insufficient for the purposes of this Act, the Licensing Authority—
a: may require the applicant to provide additional information, and decline to process the application until that information is supplied; but
b: may not require the applicant to pay any additional fee in respect of the application. Repeals and consequential amendments
87: Repeal of Secondhand Dealers Act 1963 and Pawnbrokers Act 1908
The Secondhand Dealers Act 1963 Pawnbrokers Act 1908
88: Repeal of regulations
The following regulations are repealed:
a: Secondhand Dealers Regulations 1963 (SR 1963/223)
b: Secondhand Dealers Order 1964 (SR 1964/216)
89: Consequential amendments
The enactments specified in Schedule 3