(d) goods subject to a hire-purchase agreement or a bailment; or S. 4(e) amended by Nos 74/1996 s. 54(1), 44/1997 s. 37. (e) persons or goods exempted under the regulations from the application of the whole or any provision of this Act or the regulations; or S. 4(f) inserted by No. 74/1996 s. 54(1). (f) a licensed motor car trader under the Motor Car Traders Act 1986 in buying, selling, exchanging or otherwise dealing in a motor car (within the meaning of that Act) in accordance with that Act. s. 4 _______________ Pt 2 (Heading and ss 5–18) amended by No. 74/1996 s. 54(2), substituted as Pt 2 (Heading and ss 5–16) by No. 44/1997 s. 38. Pt 2 Div. 1 (Heading) inserted by No. 93/2001 s. 6. Division 1—General S. 5 substituted by No. 44/1997 s. 38. 5 Second-hand dealers and pawnbrokers to be registered s. 5 S. 5(1) amended by No. 93/2001 s. 7(1). (1) Subject to this Act, a person must not, either alone or in partnership, carry on business as a dealer unless the person is registered as a second-hand dealer under this Part.
(ii) under that enactment has a licence, registration or permission to carry on that occupation, profession or business suspended or cancelled or is otherwise disqualified from carrying on that profession, occupation or business; or S. 10(2)(c) amended by No. 93/2001 s. 18(a). (c) an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person becomes an insolvent under administration or an externally-administered body corporate; or s. 10 S. 10(2)(d) inserted by No. 93/2001 s. 18(b). (d) the person is notified in writing by the Authority that an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person would, if the associate or director were to apply for registration under this Part, be ineligible to be so registered. (3) For the purposes of subsection (2)(a), a conviction or finding of guilt takes effect at the conclusion of the proceedings, whether on appeal or otherwise, or at the end of any appeal period, whichever is the later. (4) If a person whose registration would otherwise be cancelled by subsection (2) applies for permission under section 10A within the 30 day period referred to in that subsection, the person's registration is only automatically cancelled if the application is withdrawn or refused by the Authority. S. 10A inserted by No. 101/1998 s. 15. 10A Permission to be registered or to continue to be registered s. 10A
S. 12 substituted by No. 44/1997 s. 38, amended by Nos 52/1998 s. 258, 93/2001 s. 23. 12 Notification of changes s. 12 If a person registered, or whose registration is endorsed, under this Part— (a) changes business premises; or (b) in the case of a body corporate, changes directors; or (c) changes associates; or (d) ceases business as a second-hand dealer or pawnbroker— the person must give notice in writing to the Authority within 7 days after the change or cessation. 10 penalty units. S. 12A inserted by No. 93/2001 s. 24. 12A Address for notices (1) A person registered, or whose registration is endorsed, under this Part must give written notice to the Authority of an address to which all communications and notices from the Authority may be sent to the person. (2) Any change in the address must be promptly notified in writing to the Authority. (3) This section does not derogate from section 27. S. 13 substituted by No. 44/1997 s. 38. 13 Register s. 13 S.13(1) amended by Nos 52/1998 s. 259(1)(a), 93/2001 s. 25(1). (1) The Registrar must cause a register to be kept of all persons registered under this Part containing particulars of endorsements, if any, under this Part and the prescribed particulars.
S. 13(2) amended by No. 52/1998 s. 259(1)(b). (2) The register may be inspected at the office of the Authority by any person during ordinary office hours without charge. S. 13(3) substituted by No. 93/2001 s. 25(2). (3) A person may obtain— (a) a copy of the register; or (b) a copy of an entry in the register; or (c) a copy of a page in the register— on payment of the fee prescribed for that type of copy. S. 14 substituted by No. 44/1997 s. 38. 14 Correction of the register S. 14(1) amended by No. 52/1998 s. 259(2)(a). (1) The Registrar may correct an error or omission in the register by— (a) inserting an entry; or (b) amending an entry; or (c) omitting an entry— if the Registrar is satisfied that the register contains an error. S. 14(2) amended by No. 52/1998 s. 259(2)(a). (2) The Registrar may make the correction on his or her initiative or on the application of any person. S. 14(3) amended by Nos 52/1998 s. 259(2)(a), 93/2001 s. 26. (3) The Registrar must notify the person registered of any correction made under this section that affects the registration or endorsement of the registration. S. 14(4) amended by No. 52/1998 s. 259(2)(b)(c). (4) A person may apply to the Tribunal for review of the Registrar's decision concerning correction of the register.
except for the purposes of sections 11, 11A, 11C and 28A. (2) A pawnbroker whose endorsement has been suspended is to be treated as unendorsed during the period of suspension, except for the purposes of sections 11AA, 11A, 11C, Division 2 of Part 5 and 28A. S. 18D inserted by No. 93/2001 s. 28. 18D Suspended and cancelled certificates of registration must be returned If the Tribunal suspends or cancels the registration or endorsement of a person, the person must return the certificate of registration to the Authority within the period specified by the Tribunal by notice in writing given to the person. 25 penalty units. _______________ S. 19 substituted by No. 44/1997 s. 39. 19 Identifying persons selling or pawning goods s. 19 (1) A second-hand dealer or pawnbroker must require every person attempting to sell or pawn goods to the second-hand dealer or pawnbroker to produce evidence as to the person's identity— S. 19(1)(a) substituted by No. 93/2001 s. 29. (a) by means of— (i) a passport; or (ii) a driver licence; or (iii) a document issued by a statutory authority; or (iv) any other document in one of the prescribed categories— bearing a photograph of the person; or
(d) the notice referred to in subsection (3) specifies the reason why the higher charge is made; and (e) the owner of the goods agrees in writing to the higher charge; and (f) the pawnbroker serves on the owner of the goods a copy of the agreement referred to in paragraph (e). S. 23A inserted by No. 93/2001 s. 31. 23A Return of residual equity in unredeemed goods that are sold s. 23A (1) In this section— loan means the amount of money advanced by a pawnbroker on the security of pledged goods; loan period means the period for which the pawnbroker has agreed to keep pawned goods as security for a loan; outstanding amount of the loan means the sum of the loan and the accrued interest less the sum of all payments made; pawned goods means pledged goods received by a pawnbroker in pawn; reasonable costs of sale does not include any prescribed costs; residual equity means the amount of the difference, if any, between the amount obtained on the sale of pawned goods, and the total of the outstanding amount of the loan and the reasonable costs of sale. (2) If a pawnbroker sells unredeemed pawned goods after the expiry of the loan period, the person who pawned the goods is entitled, for a period of 12 months after the sale, to claim from the
Pt 5 Div. 3 (Heading and ss inserted by No. 93/2001 s. 37. Division 3—Infringement notices S. 26ZA inserted by No. 93/2001 s. 37. 26ZA Definition In this Division, authorised officer means— (a) an inspector under the Fair Trading Act 1999; (b) a member of the police force; (c) a person authorised in writing by the Director. S. 26ZB inserted by No. 93/2001 s. 37, amended by No. 32/2006 s. 94(Sch. item 44(1)) (ILA s. 39B(1)). 26ZB Power to serve a notice s. 26ZA (1) An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against section 20, 21(1), 21A, 23(2), 23(3), 23A(3) or 24B or an offence specified by the regulations as an offence in respect of which an infringement notice may be issued. S. 26ZB(2) inserted by No. 32/2006 s. 94(Sch. item 44(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 26ZC inserted by No. 93/2001 s. 37, substituted by No. 32/2006 s. 94(Sch. item 44(2)). 26ZC Form of notice For the purposes of section 26ZB, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.
S. 28D inserted by No. 93/2001 s. 39. 28D Extended time for prosecutions Despite anything to the contrary in any Act, a proceeding for an offence against this Act may be commenced within 3 years after the date on which the offence is alleged to have been committed. S. 28E inserted by No. 103/2004 s. 72. 28E Who may bring proceedings for offences? (1) Proceedings for an offence against this Act may only be brought by— (a) the Director; or (b) a person authorised by the Director for the purposes of this section; or (c) a member of the police force. (2) In proceedings for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings. (3) Subsection (1) does not apply to proceedings for an indictable offence. 29 Evidentiary provisions s. 29 In proceedings under this Act— (a) goods shall be deemed to be in the possession or under the control of a dealer or pawnbroker when they are in any premises, place or vehicle that is occupied by or under the control of the dealer or pawnbroker; and (b) in the absence of proof to the contrary— S. 29(b)(i) substituted by No. 44/1997 s. 47, amended by Nos 52/1998 s. 263, 93/2001 s. 40. (i) a certificate issued by the Registrar stating that at a particular time a person was or was not registered or endorsed under this Act is proof of that fact; and
(ii) the penalties that apply if offences are dealt with by an infringement notice; and S. 31(1)(e) amended by No. 44/1997 s. 49(c). (e) exempting persons or goods from the application of the whole or any provision of this Act or the regulations, subject to conditions or unconditionally; and s. 31 (f) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may— (a) be of general or limited application; and (b) differ according to differences in time, place or circumstance; and (c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a council; and (d) impose penalties not exceeding 20 penalty units for a contravention of the regulations. S. 31(2A) inserted by No. 93/2001 s. 41(2). (2A) Regulations made under subsection (1)(db)(ii) must not specify a penalty in respect of an offence by a person that is more than one-tenth of the maximum penalty to which the person would be liable under the Act or the regulations for committing that offence for the first time. S. 31(3) amended by No. 78/2010 s. 24(Sch. item 26.1). (3) Regulations made under this Act may be disallowed, in whole or in part, by resolution of either House of Parliament. s. 31 S. 31(4) repealed by No. 78/2010 s. 24(Sch. item 26.2). * * * * *
Assent Date: 17.12.96 Commencement Date: S. 54 on 1.3.97: Government Gazette 20.2.97 p. 374 : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Law and Justice Legislation Amendment Act 1997, No. 44/1997 Assent Date: 11.6.97 Commencement Date: Ss 36–52 on 1.1.98: s. 2(5) : This information relates only to the provision/s amending the Second-hand Dealers and Pawnbrokers Act 1989 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Second-hand Dealers and Pawnbrokers Act 1989 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: Ss 248–264 on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Second-hand Dealers and Pawnbrokers Act 1989 Endnotes Fundraising Appeals Act 1998, No. 78/1998 Assent Date: 10.11.98 Commencement Date: S. 73(2) on 1.7.99: s. 2(3) : This information relates only to the provision/s amending the Second-hand Dealers and Pawnbrokers Act 1989 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: Pt 6 (ss 12–15) on 1.2.99: Government Gazette 24.12.98 p. 3204 : This information relates only to the provision/s amending the Second-hand Dealers and Pawnbrokers Act 1989 Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999 Assent Date: 18.5.99 Commencement Date: S. 46 on 1.9.99: Government Gazette 19.8.99 p. 1901 : This information relates only to the provision/s amending the Second-hand Dealers and Pawnbrokers Act 1989 Business Registration Acts (Amendment) Act 2000, No. 35/2000
Assent Date: 21.12.04 Commencement Date: Ss 72, 73 on 22.12.04: s. 2(1) : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 180) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 44) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Justice Legislation (Further Amendment) Act 2006, No. 79/2006 Endnotes Assent Date: 10.10.06 Commencement Date: S. 83 on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007 Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 14) on 30.5.07: s. 2(1) : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 13) on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 30) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989 Relationships Act 2008, No. 12/2008