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SECONDHAND DEALERS AND PAWNBROKERS LICENSING

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__________________________________________
Report of the
LICENSING AUTHORITY
OF SECONDHAND DEALERS
AND PAWNBROKERS

for the 12 months ended
30 June 2011
__________________________________________




Presented to the House of Representatives pursuant
to Section 77(2) of the Secondhand Dealers and Pawnbrokers Act 2004
                                        1                                     E.21




Sir,


In accordance with the provisions of Section 77(1) of the Secondhand Dealers and
Pawnbrokers Act 2004, I have the honour to forward the report of the Licensing
Authority of Secondhand Dealers and Pawnbrokers for the 12 months ended
30 June 2011.


Yours faithfully,




F J Handy
Licensing Authority of Secondhand Dealers and Pawnbrokers



The Hon. The Minister of Justice
E.21                                       2



REPORT

1.     INTRODUCTION

1.1 This is the annual report for the year ending 30 June 2011 of the Licensing
    Authority under section 77(1) of the Secondhand Dealers and Pawnbrokers Act
    2004 (the Act).

1.2 Section 77(1) of the Secondhand Dealers and Pawnbrokers Act 2004 (the Act)
    requires the Licensing Authority to prepare and send to the Minister of Justice, a
    report on the activities of the Licensing Authority during the previous year that
    contains the prescribed matters. The prescribed matters are described in
    regulation 17 of the Secondhand Dealers and Pawnbrokers Regulations 2005.
    The prescribed matters are set out in the Annexure to this report.

2      PREVIOUS REPORTS


2.1 In previous reports I have made recommendations as to how the Act might be
    amended to allow for the more efficient administration of the licensing system
    and to avoid possible injustice resulting from the consequences of minor
    breaches being disproportionate to the gravity of the breaches. Those
    suggestions have not yet been acted upon. I have no reason to modify those
    recommendations and I adopt and repeat them for the purposes of this report.

3      ADMINISTRATION

3.1 Most licences and certificates were issued in the 15 months ending 30 June
    2006. These have expired and many are in the course of being renewed. The
    statistics in the Annexure do not altogether reflect the extent of the number of
    renewals. This seems to be because where an application for renewal is not
    made within the term of the licence or certificate, it is treated as a new
    application. It is to be expected that many holders of licences or certificates will
    be forgetful about the requirement to renew.

3.2 As expected, however, there has been a heavy demand for new and renewed
    licences and certificates and the Licensing Authority’s staff have been and are
    particularly busy processing the applications.

3.2 The year under review was not particularly busy in terms of police objections or
    of hearings in person. The statistics show that in the year under review, 34
    police objections were received and at the end of the period 24 remained to be
    determined. That large number of apparently undetermined objections is the
    result of the time which it takes to determine such objections. The Licensing
    Authority’s staff make a point of giving each person, to whom objection is taken,
    the best opportunity to meet the grounds of objection.
                                       3                                   E.21

4    MATTERS OF CONCERN ARISING IN THE PAST 12 MONTHS

4.1 Like last year, no pressing matters concerning the administration of the Act
    have arisen. There have been three hearings in person. In the previous
    reporting period there were only two hearings in person.

5    RECOMMENDATIONS

5.1 I repeat the recommendations made in previous annual reports.
E.21                                      4

ANNEXURE

To the Report of the Licensing Authority of Secondhand Dealers and Pawnbrokers
for the 12 months ended 30 June 2011.

                 Applications for Licences
The number of applications for licences received under section
                                                                  532
8 of the Act
The number of applications for renewed licences received
                                                                  279
under section 8 of the Act
The number of new licences issued to individual applicants
                                                                  296
under section 9 of the Act
The number of renewed licences issued to an individual
                                                                  198
under section 10 of the Act
The number of new licences issued to company applicants
                                                                  151
under section 10 of the Act
The number of renewed licence issued to company applicants
                                                                  168
under section 10 of the Act
The number of licence applications subsequently withdrawn         1
The number of refusals to issue a licence under section 11 of
                                                                  2
the Act
The number of licence applications not determined at end of
                                                                  15
year



                Applications for Certificates
The number of applications for certificates received under
                                                                  513
section 21 of the Act
The number of applications for renewed certificates received
                                                                  129
under section 21 of the Act
The number of certificates issued under section 28 of the Act     451
The number of renewed certificates issued under section 28 of
                                                                  107
the Act

The number of certificate applications subsequently withdrawn     1
The number of refusals to issue a certificate under section
                                                                  2
28(3) of the Act
The number of certificate applications not determined at end of
                                                                  81
year
                                          5                            E.21


               Disqualifications and Waivers
The number of applicants found to be disqualified under
                                                                  3
section 22 of the Act
The number of waivers of disqualification under section 23 of
                                                                  0
the Act
The number of disqualified applicants who subsequently
                                                                  0
withdrew
The number of disqualified applicants whose applications were
                                                                  3
subsequently refused
The number of disqualified applicants whose applications were
                                                                  0
not determined at end of year



              Cancellations and Suspensions
The number of, and reasons for, licence cancellations under
                                                                  2
section 16 of the Act
The number of, and reasons for, certificate cancellations under
                                                                  1
section 31 of the Act
The number of, and reasons for, certificate suspensions under
                                                                  1
section 31 of the Act
The number of certificate suspensions lifted under section 31
                                                                  0
of the Act



                      Police Objections

The number of police objections under section 25 of the Act       34

The number of police objections subsequently withdrawn            7

The number of opposed applications subsequently withdrawn         3
The number of police objections upheld under section 26(3) of
                                                                  2
the Act
The number of police objections dismissed under section
                                                                  1
26(3) of the Act
The number of hearings conducted into police objections
                                                                  2
under section 27 of the Act
The number of police objections upheld under section 27 of
                                                                  0
the Act
The number of police objections dismissed under section 27 of
                                                                  1
the Act
The number of opposed applications not determined at end of
                                                                  24
year
E.21                                    6




                    Police Complaints
The number of complaints by the Commissioner of Police
                                                             8
under section 29 of the Act
The number of complaints upheld by the Licensing Authority
                                                             2
under section 29 of the Act
The number of complaints dismissed by the Licensing
                                                             1
Authority
The number of complaints not determined at end of year
                                                             8

				
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