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Second-Hand Dealers and Pawnbrokers Regulations 1997

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					        Second-Hand Dealers and Pawnbrokers
                 Regulations 1997
                          S.R. No. 175/1997


                    TABLE OF PROVISIONS
Regulation                                                               Page

PART 1—PRELIMINARY                                                          1
 1.    Objectives                                                           1
 2.    Commencement                                                         2
 3.    Authorising provisions                                               2
 4.    Revocation                                                           2
 5.    Definition                                                           2

PART 2—EXEMPTIONS                                                           3
 6.    Exemptions                                                           3

PART 3—REGISTRATION                                                         5
 7.    Fees                                                                 5
 8.    Register                                                             5
 9.    Prescribed categories of evidence as to identity—applicants for
       registration                                                         5
 10.   Display of sign                                                      6

PART 4—CONDUCT OF BUSINESS                                                  7
 11.   Prescribed categories of evidence as to identity—persons selling
       or pawning goods                                                     7
 12.   Recording transactions                                               8
 13.   Identifying mark or number                                          11
 14.   Pawn ticket                                                         12
 15.   Lost pawn ticket                                                    12
 16.   Period of loan                                                      12
 17.   Redemption of goods                                                 12
 18.   Sale of unredeemed goods                                            13
                          __________________

SCHEDULES                                                                  15
SCHEDULE 1—Revoked Regulations                                             15



                                    i
Regulation                                                        Page

SCHEDULE 2—Exempt goods                                             16
SCHEDULE 3—Pawn ticket                                              17
SCHEDULE 4—Notice to person pawning goods                           18
SCHEDULE 5—Request not to send notice that pawned goods will be
           sold                                                     21
                        ═══════════════




                                 ii
              STATUTORY RULES 1997


                   S.R. No. 175/1997
   Second-Hand Dealers and Pawnbrokers Act 1989

    Second-Hand Dealers and Pawnbrokers
             Regulations 1997
The Governor in Council makes the following Regulations:
Dated: 23 December 1997
Responsible Minister:
  JAN WADE
  Minister for Fair Trading

                                              SHARNE BRYAN
                                  Clerk of the Executive Council

               PART 1—PRELIMINARY

  1. Objectives
          The objectives of these Regulations are to provide
          for—
           (a) the exemption of certain persons and goods
               from the application of the whole or part of
               the Second-Hand Dealers and
               Pawnbrokers Act 1989 or these
               Regulations;
           (b) fees payable under the Act;
           (c) the particulars to be recorded in the register
               of second-hand dealers;
           (d) categories of documents as to identity;
           (e) record-keeping requirements;



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                  (f) forms;
                  (g) the manner of disposal by pawnbrokers of
                      unredeemed goods.
         2. Commencement
                These Regulations come into operation on
                1 January 1998.
         3. Authorising provisions
                These Regulations are made under sections 7(2),
                11, 13, 19(1), 20 and 31 of the Second-Hand
                Dealers and Pawnbrokers Act 1989.
         4. Revocation
                The Regulations referred to in Schedule 1 are
                revoked.
         5. Definition
                In these Regulations, "Act" means the Second-
                Hand Dealers and Pawnbrokers Act 1989.
                         _______________




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                PART 2—EXEMPTIONS

  6. Exemptions
      (1) A second-hand dealer is exempted from the
          application of the whole of the Act and these
          Regulations—
           (a) when carrying on business exclusively for or
               on behalf of any charitable, benevolent or
               philanthropic organisation; or
           (b) when carrying on business at any event
               known as an antique fair which is conducted
               exclusively for or on behalf of any
               charitable, benevolent or philanthropic
               organisation.
      (2) A second-hand dealer is exempted from section 19
          of the Act when a person attempting to sell goods
          to the second-hand dealer previously purchased
          those goods from that second-hand dealer.
      (3) If—
           (a) a second-hand dealer arranges, by means of
               telephone, facsimile machine or other similar
               means of communication, to purchase
               second-hand goods from a person; and
           (b) the second-hand dealer requires the person to
               provide evidence as to the person's identity
               by means of a copy of the document or
               documents referred to in section 19 of the
               Act or regulation 11—
          the second-hand dealer is exempted from the
          application of section 19(1) of the Act.
      (4) A scrap metal dealer is exempted from the
          application of section 21(1) of the Act and
          regulation 12(2)(b) in respect of scrap metal other
          than—



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                  (a) goods containing gold or silver; or
                  (b) copper or brass goods received from a
                      person from whom the scrap metal dealer has
                      not received goods during the preceding
                      3 months.
             (5) Goods which have been worn or otherwise used
                 and which belong to a class of goods described in
                 Schedule 2 are goods that are exempted from the
                 application of the whole of the Act and these
                 Regulations.
             (6) The following goods are exempted from the
                 application of section 21(1) of the Act—
                  (a) an engine constructed for use as a motor
                      tractor;
                  (b) a motor vehicle so constructed that its engine
                      is used to drive or operate an agricultural,
                      construction or earthmoving implement
                      forming an integral part of the motor vehicle.
                         _______________




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                PART 3—REGISTRATION

  7. Fees
      (1) For the purposes of section 7(2)(c) of the Act, the
          prescribed fee which must accompany an
          application for registration is $110.
      (2) For the purposes of section 11 of the Act, the
          prescribed fee which must accompany a statement
          is $30.
      (3) For the purposes of section 13(3) of the Act, the
          prescribed fee for a copy of or an extract from the
          register is $5.
  8. Register
            For the purposes of section 13(1) of the Act, the
            following are the prescribed particulars to be
            contained in the register in respect of each person
            registered under Part 2 of the Act—
             (a) the person's registration number in the
                 register;
             (b) the date of registration under Part 2 of the
                 Act;
             (c) the person's full name;
             (d) if the person is a body corporate, the
                 corporation's ACN or registration number;
             (e) every address at which the person carries on
                 business;
             (f) any business names under which the person
                 carries on business.
  9. Prescribed categories of evidence as to identity—
     applicants for registration
            In addition to the documents referred to in section
            7(2)(b) of the Act, the following categories of



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                  documents as to identity are prescribed for the
                  purposes of section 7(2)(b)—
                   (a) certificates of Australian citizenship;
                   (b) marriage certificates;
                   (c) licences issued under the Firearms Act
                       1996.
         10. Display of sign
                  A person registered as a second-hand dealer under
                  Part 2 of the Act must display in a prominent
                  position outside each business premises above or
                  beside the principal entrance to the premises a
                  legible sign measuring not less than 50
                  centimetres by 30 centimetres and stating the
                  person's full name and the words "Registered
                  second-hand dealer".
                  Penalty: 20 penalty units.
                           _______________




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          PART 4—CONDUCT OF BUSINESS

 11. Prescribed categories of evidence as to identity—
     persons selling or pawning goods
          In addition to the documents referred to in section
          19(1) of the Act, the following categories of
          documents as to identity are prescribed for the
          purposes of section 19(1)—
           (a) in the case of natural persons—
                 (i) full birth certificates or extracts of
                     birth;
                (ii) certificates of Australian citizenship;
               (iii) marriage certificates;
               (iv) the following cards issued by the
                    Commonwealth Department of Social
                    Security—
                     (A) health care cards;
                     (B) health benefit cards;
                     (C) pensioner concession cards;
                     (D) seniors health cards;
                (v) any other card issued by the
                    Commonwealth Department of Social
                    Security or the Commonwealth
                    Department of Veterans' Affairs that
                    certifies entitlement to Commonwealth
                    health concessions;
               (vi) identification cards issued by a tertiary
                    education institution;
               (vii) licences issued under the Firearms Act
                     1996;
           (b) in the case of incorporated bodies,
               certificates of registration or incorporation.


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         12. Recording transactions
              (1) For the purposes of section 20 of the Act, a
                  second-hand dealer or pawnbroker must maintain
                  a bound record book or operate and maintain a
                  computerised record-keeping system in place of a
                  bound record book.
              (2) A second-hand dealer must record in the bound
                  record book or record onto the computerised
                  record-keeping system, during or immediately
                  after every transaction in which the second-hand
                  dealer receives second-hand goods, the following
                  information—
                   (a) an accurate description of the goods
                       received, including a description of any
                       identifying mark or label on the goods;
                   (b) the identifying mark or number assigned by
                       the second-hand dealer to the goods;
                   (c) the full name and address of the person from
                       whom the goods are received;
                   (d) details of the identification provided by that
                       person;
                   (e) the date and time at which the goods are
                       received;
                   (f) the price, if any, paid for the goods;
                   (g) the name of the person acting on behalf of
                       the second-hand dealer in the transaction.
              (3) A pawnbroker must record in the bound record
                  book or record onto the computerised record-
                  keeping system, during or immediately after each
                  transaction, the following information in respect
                  of each transaction—
                   (a) the number of the transaction (corresponding
                       with the number of the pawn ticket issued);



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           (b) an accurate description of the goods pawned;
           (c) the full name and address of the person from
               whom the goods are received;
           (d) an alternative address for the service of
               notices on the person from whom the goods
               are received if the person has so requested;
           (e) the date on which the goods are pawned;
           (f) the amount of money advanced on the
               security of the pawned goods;
           (g) the charge imposed on the transaction;
           (h) the amount and date of every payment;
           (i) the period of the loan;
           (j) if the goods are redeemed, the date of
               redemption;
           (k) if the goods are not redeemed—
                (i) the date of sale of the goods, the price
                    paid and the reasonable costs of sale; or
                (ii) if not sold, the manner of disposal of
                     the goods.
      (4) If a computerised record-keeping system is
          operated and maintained, a second-hand dealer or
          pawnbroker must—
           (a) produce, on a daily basis, a printed and
               sequentially pre-numbered hard copy of all
               transactions recorded onto the computerised
               record keeping system on that day; and
           (b) keep, at the business premises notified to the
               Secretary from time to time, the records of
               transactions produced in accordance with
               paragraph (a).




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              (5) If a second-hand dealer buys or exchanges
                  second-hand goods—
                   (a) in a lot or parcel at the same time; and
                   (b) the value of each item in the lot or parcel is
                       less than $50—
                  sub-regulation (2) is satisfied if the lot or parcel is
                  described in one entry in the record book or on the
                  computerised record-keeping system.
              (6) If a second-hand dealer buys or exchanges
                  second-hand goods—
                   (a) in a lot or parcel at the same time; and
                   (b) the value of any item in the lot or parcel is
                       $50 or more; and
                   (c) that item has an identifying mark or label—
                  the second-hand dealer must enter a record of that
                  item in the record book or onto the computerised
                  record-keeping system, in accordance with sub-
                  regulation (2) and the remainder of the lot or
                  parcel may be recorded in accordance with sub-
                  regulation (5).
              (7) If a second-hand dealer buys second-hand goods
                  at auction, sub-regulation (2) is satisfied if the
                  second-hand dealer—
                   (a) obtains a receipt signed by the auctioneer
                       containing the following information—
                         (i) an accurate description of the goods
                             received, including a description of any
                             identifying mark or label on the goods;
                        (ii) the identifying mark or number
                             assigned by the second-hand dealer to
                             the goods;




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               (iii) the full name and business address of
                     the auctioneer by whom the auction
                     was conducted;
               (iv) the date on which the goods are
                    received;
                (v) the price paid for the goods;
               (vi) the name of the person acting on behalf
                    of the second-hand dealer in the
                    transaction; and
           (b) enters in the record book or onto the
               computerised record-keeping system a
               reference to identify the receipt.
      (8) If a second-hand dealer imports second-hand
          goods from outside Australia, sub-regulation (2) is
          satisfied if the second-hand dealer—
           (a) produces on demand the documents of
               consignment and relevant customs
               documents relating to the goods; and
           (b) enters in the record book or onto the
               computerised record-keeping system a
               reference to identify the documents.
      (9) If a second-hand dealer or pawnbroker receives
          second-hand or pawned goods at any premises
          other than those notified to the Secretary from
          time to time, the second-hand dealer or
          pawnbroker must record the transaction in the
          bound record book or onto the computerised
          record-keeping system as soon as practicable after
          the transaction.
 13. Identifying mark or number
          If a second-hand dealer is required to assign an
          identifying mark or number to second-hand goods
          received by him, her or it, that mark or number
          must remain affixed to the goods at all times until



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                  the goods are sold or otherwise disposed of by the
                  second-hand dealer.
         14. Pawn ticket
              (1) A pawn ticket issued by a pawnbroker must
                  contain the particulars listed in Schedule 3,
                  completed as appropriate, and must be
                  accompanied by a notice in the form of
                  Schedule 4.
              (2) A pawnbroker must not charge a fee for the issue
                  of a pawn ticket.
                  Penalty applying to this sub-regulation:
                  20 penalty units.
         15. Lost pawn ticket
                  If a person who has pawned goods produces to the
                  pawnbroker—
                   (a) a statutory declaration that the person has
                       lost the pawn ticket or the pawn ticket has
                       been stolen; and
                   (b) evidence as to the person's identity referred
                       to in section 19(1)(a) or (b) of the Act—
                  the pawnbroker must issue a duplicate pawn
                  ticket.
                  Penalty: 20 penalty units.
         16. Period of loan
              (1) A pawnbroker must fix the period of the loan on
                  the security of pawned goods at the time the goods
                  are pawned.
                  Penalty: 20 penalty units.
              (2) The period of a loan commences on the day the
                  goods are pawned.


         17. Redemption of goods


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      (1) A person who has pawned goods may redeem the
          goods by paying the outstanding amount of the
          loan and producing to the pawnbroker—
           (a) the pawn ticket or duplicate pawn ticket; and
           (b) evidence as to the person's identity referred
               to in section 19(1)(a) or (b) of the Act.
      (2) A person who has pawned goods may redeem the
          goods at any time before the pawnbroker sells or
          disposes of them, despite the expiry of the period
          of the loan.
 18. Sale of unredeemed goods
      (1) Subject to this regulation, if—
           (a) the period of a loan expires and is not
               extended; and
           (b) the goods pawned as security on the loan are
               unredeemed—
          the pawnbroker must offer the goods for sale as
          soon as practicable and so as to receive the best
          price reasonably obtainable.
          Penalty: 20 penalty units.
      (2) If the principal sum of a loan is $100 or more, the
          pawnbroker must send a notice in accordance with
          sub-regulation (3) to the person who pawned the
          goods, unless the person has requested the
          pawnbroker in writing in the form of Schedule 5
          not to send the person such a notice.
          Penalty: 10 penalty units.
      (3) A notice required under sub-regulation (2) must—
           (a) be sent by ordinary mail to the person who
               pawned the goods at the person's last known
               address or an alternative address advised by
               the person; and




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                         S.R. No. 175/1997

                   (b) state that the goods specified will be offered
                       for sale after the expiration of one month
                       from the date of the notice.
              (4) A pawnbroker must retain a written request
                  received under sub-regulation (2) for 12 months
                  after receipt of the request.
              (5) A pawnbroker must not sell pawned goods in
                  respect of which a notice has been sent under sub-
                  regulation (2) within one month from the date of
                  the notice.
                  Penalty: 20 penalty units.
              (6) A pawnbroker must not purchase goods that have
                  been pawned as security with the pawnbroker and
                  have not been redeemed at or after the expiration
                  of the period of the loan.
                  Penalty: 20 penalty units.
                         __________________




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    Second-Hand Dealers and Pawnbrokers Regulations 1997
                                                                  Sch. 1
                     S.R. No. 175/1997


                           SCHEDULES

                           SCHEDULE 1


                   REVOKED REGULATIONS

Title                                                  S.R. No.
Second-Hand Dealers and Pawnbrokers Regulations 1990   243/1990
Second-Hand Dealers and Pawnbrokers (Amendment)
 Regulations 1991                                      41/1991
Second-Hand Dealers and Pawnbrokers (Exemptions)
 Regulations 1992                                      219/1992
Second-Hand Dealers and Pawnbrokers (Exemption)
 (No. 2) Regulations 1997                              23/1997

                      __________________




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               Second-Hand Dealers and Pawnbrokers Regulations 1997
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                                S.R. No. 175/1997

                                          SCHEDULE 2


                                     EXEMPT GOODS

         Item
          1.      Goods collected under a local government recycling scheme
          2.      Clothing, including footwear
          3.      Kitchenware, including pots, pans and crockery (but not electrical or
                  electronic appliances)
          4.      Cutlery, where the price paid for the goods by the second-hand
                  dealer does not exceed $50
          5.      Glassware (including bottles), where the price paid for the goods by
                  the second-hand dealer does not exceed $50
          6.      Cans of any kind
          7.      Waste plastic materials
          8.      Waste paper materials
          9.      Salvaged building materials including doors, window frames, tiles,
                  bricks and timber
         10.      Domestic white goods, including refrigerators, freezers, washing
                  machines, clothes driers, ovens and ironing presses (but not portable
                  or camping refrigerators or microwave ovens)
         11.      Factory seconds

                                    __________________




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   Second-Hand Dealers and Pawnbrokers Regulations 1997
                                                                Sch. 3
                    S.R. No. 175/1997

                               SCHEDULE 3


                           PAWN TICKET

Name of pawnbroker:
Address:
Full name and address of person from whom goods are received:
Date of loan:
Amount loaned:
Description of goods pawned:
Number of transaction:
Charges:
Period of loan:
Amount(s) paid and date(s) of payment:
                         __________________




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         Second-Hand Dealers and Pawnbrokers Regulations 1997
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                          S.R. No. 175/1997

                                    SCHEDULE 4


               NOTICE TO PERSON PAWNING GOODS

              Redemption of goods
                1. You may reclaim goods you have pawned by paying the
                   outstanding amount of the loan and producing to the
                   pawnbroker the pawn ticket and your passport, driver's
                   licence or one of the following documents (if it bears a
                   photograph) or 2 of the following documents (if they do not
                   bear a photograph)—
                     (a) full birth certificate or extract of birth;
                     (b) certificate of Australian citizenship;
                     (c) marriage certificate;
                     (d) the following cards issued by the Commonwealth
                         Department of Social Security—
                              (i) health care card;
                              (ii) health benefit card;
                             (iii) pensioner concession card;
                             (iv) seniors health card;
                     (e) any other card issued by the Commonwealth
                         Department of Social Security or the Commonwealth
                         Department of Veterans' Affairs that certifies
                         entitlement to Commonwealth health concessions;
                        (f) identification card issued by a tertiary education
                            institution;
                     (g) licences issued under the Firearms Act 1996.
                2. You may reclaim the goods at any time before the
                   pawnbroker sells or disposes of them, even if the period of
                   the loan has passed.
              Charges
                3. The pawnbroker must give you written notice of the charge
                   that will be imposed on the transaction. This charge may
                   not be more than an amount calculated in accordance with
                   the amount displayed in a notice at the business premises,
                   unless—




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Second-Hand Dealers and Pawnbrokers Regulations 1997
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                 S.R. No. 175/1997
             (a) it is reasonable to charge a higher amount because the
                 pawnbroker is likely to incur additional storage costs
                 in relation to the goods being pawned; or
             (b) it is reasonable to charge a higher amount because the
                 agreement provides for amounts to be paid less
                 frequently than is specified in the displayed notice; or
             (c) the regulations allow higher amounts to be charged;
           and
             (d) the written notice given to you by the pawnbroker
                 states the reason why the higher charge is made; and
             (e) you agree in writing to the higher charge; and
             (f) the pawnbroker gives you a copy of the agreement
                 referred to in paragraph (e).
     Period of loan and payments
        4. The period of a loan commences on the day the goods are
           pawned.
        5. You may pay money to the pawnbroker at any time and the
           pawnbroker must note your payment on the pawn ticket.
     Lost or stolen pawn ticket
        6. If your pawn ticket is lost or stolen, and you produce to the
           pawnbroker a statutory declaration stating that your ticket is
           lost or stolen and you also produce proof of your identity,
           the pawnbroker must issue a duplicate pawn ticket.
     Sale of unredeemed goods
        7. If the period of the loan expires and you have not reclaimed
           the pawned goods—
             (a) if the loan is less than $100, the pawnbroker must
                 offer the goods for sale as soon as possible; or
             (b) if the loan is $100 or more, the pawnbroker must send
                 you a notice (unless you have requested the
                 pawnbroker not to send you a notice) stating that the
                 goods will be offered for sale one month after the date
                 appearing on the notice. The pawnbroker will send
                 this notice to your last known address or to an
                 alternative address, if you have given one to the
                 pawnbroker. The pawnbroker must offer the goods
                 for sale as soon as possible after the expiry of one
                 month after the date appearing on the notice.




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         Second-Hand Dealers and Pawnbrokers Regulations 1997
Sch. 4
                          S.R. No. 175/1997
                8. The pawnbroker must offer the goods for sale at the best
                   price reasonably obtainable.
                9. The pawnbroker must not buy the goods for himself or
                   herself.
                           __________________




                                       20
     Second-Hand Dealers and Pawnbrokers Regulations 1997
                                                                                     Sch. 5
                      S.R. No. 175/1997

                                              SCHEDULE 5


 REQUEST NOT TO SEND NOTICE THAT PAWNED GOODS
                  WILL BE SOLD

I, (name of person pawning goods), of (address of person pawning goods),
request (name of pawnbroker) not to send me a notice under regulation 18(2)
of the Second-Hand Dealers and Pawnbrokers Regulations 1997.
I understand that such a notice, advising me that the pawnbroker intends to
sell my goods, would otherwise be sent to me if the period of my loan
expires and I have not redeemed my goods by that time.
I understand that if I do not redeem my goods before (date of expiry of loan),
and the period of the loan has not been extended, the pawnbroker is obliged
to offer the goods for sale as soon as possible after that date. If, however, that
date is less than 7 days after the date on which I pawned my goods, the
pawnbroker must keep the goods in the form in which they were received
and not dispose of them in any way for 7 days after receiving the goods.
Signed: ....................................................................
                             (Person pawning goods)

Dated: ......................................................................
                                      ═══════════════




                                                        21

				
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