Second-Hand Dealers and Pawnbrokers Act 1989 - Victorian

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Second-Hand Dealers and Pawnbrokers Act 1989 - Victorian Powered By Docstoc
					                          Version No. 070
 Second-Hand Dealers and Pawnbrokers Act
                  1989
                             No. 54 of 1989
              Version incorporating amendments as at
                          17 March 2011

                     TABLE OF PROVISIONS
Section                                                             Page

PART 1—PRELIMINARY                                                     1
  1       Purposes                                                     1
  2       Commencement                                                 1
  3       Definitions                                                  2
  4       Application                                                  7

PART 2—REGISTRATION                                                    9
Division 1—General                                                     9
  5    Second-hand dealers and pawnbrokers to be registered            9
  6    Eligibility for registration                                   10
  7    Application for registration                                   12
  7A Application for endorsement                                      13
  8    Investigation of application                                   14
  8A Consideration of application                                     15
  8B Authority may impose conditions                                  16
  8C Notation of condition on certificate of registration             16
  9    Registration                                                   17
  9AA Endorsement                                                     17
  9A Notice of decision                                               18
  9B Application for review                                           18
  10   Automatic cancellation of registration                         19
  10A Permission to be registered or to continue to be registered     21
  10B Conditions on permission                                        23
  11   Annual registration fee and statement                          23
  11AA     Annual endorsement fee                                     24
  11A Failure to comply with section 11                               24
  11B Return of certificates of registration                          25
  11C Surrender of registration or endorsement                        25
  12   Notification of changes                                        26
  12A Address for notices                                             26



                                     i
Section                                                                  Page

  13      Register                                                         27
  14      Correction of the register                                       27
  15      Repealed                                                         28
  16      Offences                                                         28
  17      Display of current registration certificate                      29
  18      Death, disability etc. of registered person                      29
Division 2—Disciplinary action                                             31
  18A     Disciplinary action                                              31
  18B     Determination of disciplinary measures by Tribunal               32
  18C     Effect of suspension                                             35
  18D     Suspended and cancelled certificates of registration must be
          returned                                                         35

PART 3—CONDUCT OF BUSINESS                                                 36
  19      Identifying persons selling or pawning goods                     36
  20      Recording transactions                                           37
  21      Retention of goods for seven days                                37
  21A     Recording storage location of goods                              37
  22      Co-operation with police                                         37
  23      Contracts for pawning goods                                      38
  23A     Return of residual equity in unredeemed goods that are sold      40

PART 4—DISPUTES AS TO THE OWNERSHIP OF GOODS                               43
  24  Magistrates' Courts to determine disputes                            43
  24A Offence of failing to comply with court order                        45
  24B Sign to be displayed                                                 45

PART 5—ENFORCEMENT                                                         46
Division 1—General                                                         46
  25      Police powers generally                                          46
  26      Notice to stop dealings in goods suspected of having been
          stolen                                                           47
Division 2—Enforcement—pawnbrokers                                         48
  26A Definition                                                           48
  26B Production of identity card                                          48
  26C Documents available for inspection                                   48
  26D Specified persons to produce documents and answer questions          49
  26E Third parties to produce documents and answer questions
      relating to endorsed pawnbroker's business                           50
  26F Department Heads, police and public authorities to produce
      information to inspectors                                            51
  26G Certain other specified persons or bodies to produce
      information                                                          51


                                         ii
Section                                                         Page

  26H Powers on production of documents                           52
  26I Order requiring supply of information and answers to
      questions                                                   53
  26J Entry or search with consent                                54
  26K Entry without consent or warrant                            56
  26L Search warrants                                             57
  26M Announcement before entry                                   58
  26N Details of warrant to be given to occupier                  59
  26O Seizure of things not mentioned in the warrant              59
  26P Embargo notice                                              60
  26Q Copies of seized documents                                  61
  26R Retention and return of seized documents or things          61
  26S Magistrates' Court may extend 3 month period                62
  26T Requirement to assist inspector during entry                62
  26U Refusal or failure to comply with requirement               63
  26V Rule against self-incrimination does not apply              63
  26W Offence to give false or misleading information             63
  26WA Powers of court if requirement to produce information
         not complied with                                        64
  26X Application of provisions relating to inspections           64
  26Y Service of documents                                        65
  26Z Confidentiality                                             65
Division 3—Infringement notices                                   66
  26ZA    Definition                                              66
  26ZB    Power to serve a notice                                 66
  26ZC    Form of notice                                          66
  26ZD, 26ZE Repealed                                             67
  26ZF    Further proceedings concerning infringement notices     67

PART 6—GENERAL                                                    68
  27      Service                                                 68
  28      Delegation by Director                                  69
  28A     Production of information to Authority                  69
  28B     Rule against self-incrimination does not apply          70
  28C     Verification of details supplied to the Authority       70
  28D     Extended time for prosecutions                          70
  28E     Who may bring proceedings for offences?                 70
  29      Evidentiary provisions                                  71
  30      Application of Fair Trading Act 1999                    71
  31      Regulations                                             72
  32      Repealed                                                74

PART 7—Repealed                                                   74
  33–36      Repealed                                             74
                             __________________


                                        iii
Section                                    Page

SCHEDULE                                     75
                         ═══════════════

ENDNOTES                                     76
1. General Information                       76
2. Table of Amendments                       77
3. Explanatory Details                       82
INDEX                                        83




                               iv
                     Version No. 070
 Second-Hand Dealers and Pawnbrokers Act
                  1989
                       No. 54 of 1989
           Version incorporating amendments as at
                       17 March 2011
The Parliament of Victoria enacts as follows:

                  PART 1—PRELIMINARY
     1 Purposes
             The purposes of this Act are—
              (a) to provide for the regulation of second-hand   S. 1(a)
                                                                 amended by
                  dealers and pawnbrokers; and                   No. 93/2001
                                                                 s. 4(a).


              (b) to facilitate and expedite the recovery of     S. 1(b)
                                                                 amended by
                  stolen goods from second-hand dealers and      No. 93/2001
                  pawnbrokers; and                               s. 4(b).

              (c) to enhance protection of consumers dealing     S. 1(c)
                                                                 inserted by
                  with second-hand dealers and pawnbrokers.      No. 93/2001
                                                                 s. 4(c).


     2 Commencement
         (1) This Act (apart from section 35(6) and (7)) comes
             into operation on a day to be proclaimed.
         (2) Section 35(6) and (7) comes into operation at the
             same time as Part 2 of the Magistrates' Court
             Act 1989.




                              1
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                                   Part 1—Preliminary
 s. 3


                  3 Definitions
                     (1) In this Act—
S. 3(1) def. of          associate, in relation to a person, means—
associate
inserted by
No. 44/1997
                                  (a) a spouse or domestic partner of the
s. 36(1)(a),                          person, other than a spouse or domestic
amended by
Nos 101/1998
                                      partner—
s. 12(a)
27/2001                                 (i) who is not, and has never been,
s. 8(Sch. 6                                 involved in the person's business
item 7.1(b)).
                                            as a second-hand dealer or
                                            pawnbroker; or
                                       (ii) who will not be involved in the
                                            person's proposed business as a
                                            second-hand dealer or
                                            pawnbroker; or
                                  (b) a business partner of the person; or
                                  (c) a participant in a business arrangement
                                      or relationship with the person in
                                      respect of a second-hand dealing or
                                      pawnbroking business;
S. 3(1) def. of          auctioneer means any person—
auctioneer
inserted by
No. 84/2001
                                  (a) who sells or attempts to sell or offer for
s. 12(1).                             sale or resale any goods by way of
                                      auction; or
                                  (b) who acquires any goods for sale by
                                      auction.
S. 3(1) def. of          Authority means the Business Licensing
Authority
inserted by                  Authority established under the Business
No. 52/1998                  Licensing Authority Act 1998;
s. 249(1).


S. 3(1) def. of          computer means a machine that is capable of
computer
inserted by                  recording or storing information
No. 82/2008                  electronically;
s. 20.




                                             2
Second-Hand Dealers and Pawnbrokers Act 1989
              No. 54 of 1989
            Part 1—Preliminary
                                                             s. 3


  Consumer Act has the same meaning as it has in           S. 3(1) def. of
      the Fair Trading Act 1999;                           Consumer
                                                           Act
                                                           inserted by
                                                           No. 93/2001
                                                           s. 5.


  Council means a municipal council, and includes
      the Council of the City of Melbourne and the
      Council of the City of Geelong;
  Director means the Director within the meaning           S. 3(1) def. of
                                                           Director
       of the Fair Trading Act 1999;                       inserted by
                                                           No. 52/1998
                                                           s. 249(1),
                                                           substituted by
                                                           No. 17/1999
                                                           s. 46.


  disqualifying offence means an offence involving         S. 3(1) def. of
                                                           disqualifying
       fraud, dishonesty, violence or drug                 offence
       trafficking punishable on conviction by—            inserted by
                                                           No. 44/1997
                                                           s. 36(1)(a).
         (a) in the case of a natural person,
             imprisonment for 3 months or more
             (whether or not in addition to a fine); or
         (b) in the case of a body corporate, a fine
             of 100 penalty units or more;
  domestic partner of a person means—                      S. 3(1) def. of
                                                           domestic
                                                           partner
         (a) a person who is in a registered               inserted by
             relationship with the person; or              No. 27/2001
                                                           s. 8(Sch. 6
         (b) an adult person to whom the person is         item 7.1(a)),
                                                           substituted by
             not married but with whom the person          No. 12/2008
             is in a relationship as a couple where        s. 73(1)(Sch. 1
                                                           item 55.1).
             one or each of them provides personal
             or financial commitment and support of
             a domestic nature for the material
             benefit of the other, irrespective of their
             genders and whether or not they are
             living under the same roof, but does not
             include a person who provides



                     3
                  Second-Hand Dealers and Pawnbrokers Act 1989
                                No. 54 of 1989
                              Part 1—Preliminary
 s. 3


                               domestic support and personal care to
                               the person—
                                 (i) for fee or reward; or
                                (ii) on behalf of another person or an
                                     organisation (including a
                                     government or government
                                     agency, a body corporate or a
                                     charitable or benevolent
                                     organisation);
S. 3(1) def. of     endorsed pawnbroker means a person whose
endorsed
pawnbroker              registration is endorsed under Part 2;
inserted by
No. 93/2001
s. 5.

S. 3(1) def. of     endorsement means endorsement under Part 2 to
endorsement
inserted by             carry on business as a pawnbroker;
No. 93/2001
s. 5.


S. 3(1) def. of     externally-administered body corporate has the
externally-
administered             same meaning as in the Corporations Act;
corporation
inserted by
No. 44/1997
s. 36(1)(a),
substituted as
externally-
administered
body
corporate by
No. 101/1998
s. 12(b),
amended by
No. 44/2001
s. 3(Sch.
item 101.1).


S. 3(1) def. of     financial institution means—
financial
institution
inserted by
                           (a) an authorised deposit-taking institution
No. 93/2001                    within the meaning of the Banking Act
s. 5.
                               1959 of the Commonwealth; or



                                       4
Second-Hand Dealers and Pawnbrokers Act 1989
              No. 54 of 1989
            Part 1—Preliminary
                                                        s. 3


         (b) a body approved by the Governor in
             Council by order published in the
             Government Gazette;
 *            *           *            *       *      S. 3(1) def. of
                                                      insolvent
                                                      under
                                                      administration
                                                      inserted by
                                                      No. 44/1997
                                                      s. 36(1)(a),
                                                      substituted by
                                                      No. 101/1998
                                                      s. 12(c),
                                                      repealed by
                                                      No. 4/2008
                                                      s. 32(Sch.
                                                      item 30).

  inspector means an inspector appointed under the    S. 3(1) def. of
                                                      inspector
       Fair Trading Act 1999;                         inserted by
                                                      No. 93/2001
                                                      s. 5.

  occupier, in relation to premises, means a person   S. 3(1) def. of
                                                      occupier
      who appears to be of or over 16 years of age    inserted by
      and who appears to be in control of the         No. 93/2001
                                                      s. 5.
      premises;
  pawnbroker means a person who carries on the
      business of advancing money on the security
      of pledged goods;
  registered second-hand dealer means a person        S. 3(1) def. of
                                                      registered
       registered under Part 2;                       second-hand
                                                      dealer
                                                      inserted by
                                                      No. 93/2001
                                                      s. 5.

  Registrar means the Registrar of the Authority      S. 3(1) def. of
                                                      Registrar
       appointed under the Business Licensing         inserted by
       Authority Act 1998;                            No. 52/1998
                                                      s. 249(1).



  registration means registration under Part 2 to     S. 3(1) def. of
                                                      registration
       carry on business as a second-hand dealer;     inserted by
                                                      No. 93/2001
                                                      s. 5.




                     5
                   Second-Hand Dealers and Pawnbrokers Act 1989
                                 No. 54 of 1989
                               Part 1—Preliminary
 s. 3


S. 3(1) def. of      second-hand dealer means a person who carries
second-hand               on the business of buying, selling,
dealer
amended by                exchanging or otherwise dealing in second-
No. 44/1997               hand goods, whether or not he or she deals in
s. 36(1)(b).
                          other goods and regardless of where goods
                          are bought;
                     second-hand goods means any goods which have
                          been worn or otherwise used;
S. 3(1) def. of      *            *           *           *          *
Secretary
inserted by
No. 44/1997
s. 36(1)(a),
repealed by
No. 52/1998
s. 249(2).

S. 3(1) def. of      spouse of a person means a person to whom the
spouse                   person is married;
inserted by
No. 27/2001
s. 8(Sch. 6
item 7.1(a)).

S. 3(1) def. of      Tribunal means Victorian Civil and
Tribunal
inserted by               Administrative Tribunal established by the
No. 52/1998               Victorian Civil and Administrative
s. 249(1).
                          Tribunal Act 1998.
                  (2) For the purposes of this Act—
S. 3(2)(a)               (a) a person shall be deemed to have advanced
amended by
No. 44/1997                  money on the security of pledged goods, and
s. 36(2).                    to have received the goods in pawn, if he or
                             she receives them under a contract for their
                             sale under or in conjunction with which he or
                             she gives the vendor the right to repurchase
                             the goods (commonly known as a "buy
                             back"); and
                         (b) in such a case, the price at which the goods
                             are sold shall be deemed to be the principal
                             sum advanced and the difference between
                             that amount and the price at which the goods



                                         6
     Second-Hand Dealers and Pawnbrokers Act 1989
                   No. 54 of 1989
                 Part 1—Preliminary
                                                                s. 4


             may be repurchased shall be deemed to be
             the total amount of interest payable.
   (3) For the purposes of the definition of domestic         S. 3(3)
                                                              inserted by
       partner in subsection (1)—                             No. 27/2001
                                                              s. 8(Sch. 6
        (a) registered relationship has the same              item 7.2),
                                                              substituted by
            meaning as in the Relationships Act 2008;         No. 12/2008
            and                                               s. 73(1)(Sch. 1
                                                              item 55.2).
        (b) in determining whether persons who are not
            in a registered relationship are domestic
            partners of each other, all the circumstances
            of their relationship are to be taken into
            account, including any one or more of the
            matters referred to in section 35(2) of the
            Relationships Act 2008 as may be relevant
            in a particular case; and
        (c) a person is not a domestic partner of another
            person only because they are co-tenants.
4 Application
       Nothing in this Act applies to—
        (a) an auctioneer acting in his or her capacity as    S. 4(a)
                                                              substituted by
            auctioneer; or                                    No. 84/2001
                                                              s. 12(2).


       (aa) any goods acquired by an auctioneer for the       S. 4(aa)
                                                              inserted by
            purpose of auction for so long as they are in     No. 84/2001
            his or her possession in his or her capacity as   s. 12(2).

            auctioneer; or
        (b) a licensed firearms dealer or a firearm within    S. 4(b)
                                                              substituted by
            the meaning of the Firearms Act 1996; or          No. 66/1996
                                                              s. 206.


        (c) a person conducting a fundraising appeal          S. 4(c)
                                                              amended by
            within the meaning of and as permitted by         Nos 78/1998
            the Fundraising Act 1998; or                      s. 73(2),
                                                              2/2009 s. 24.




                          7
                 Second-Hand Dealers and Pawnbrokers Act 1989
                               No. 54 of 1989
                             Part 1—Preliminary
 s. 4


                    (d) goods subject to a hire-purchase agreement
                        or a bailment; or
S. 4(e)             (e) persons or goods exempted under the
amended by
Nos 74/1996             regulations from the application of the whole
s. 54(1),               or any provision of this Act or the
44/1997 s. 37.
                        regulations; or
S. 4(f)              (f) a licensed motor car trader under the Motor
inserted by
No. 74/1996              Car Traders Act 1986 in buying, selling,
s. 54(1).                exchanging or otherwise dealing in a motor
                         car (within the meaning of that Act) in
                         accordance with that Act.
                             _______________




                                      8
     Second-Hand Dealers and Pawnbrokers Act 1989
                   No. 54 of 1989
                 Part 2—Registration
                                                                s. 5


            PART 2—REGISTRATION                               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.




               Division 1—General                             Pt 2 Div. 1
                                                              (Heading)
                                                              inserted by
                                                              No. 93/2001
                                                              s. 6.


5 Second-hand dealers and pawnbrokers to be                   S. 5
                                                              substituted by
  registered                                                  No. 44/1997
                                                              s. 38.


   (1) Subject to this Act, a person must not, either alone   S. 5(1)
                                                              amended by
       or in partnership, carry on business as a second-      No. 93/2001
       hand dealer unless the person is registered as a       s. 7(1).

       second-hand dealer under this Part.
       Penalty: 100 penalty units.
  (1A) Subject to this Act, a person must not, either alone   S. 5(1A)
                                                              inserted by
       or in partnership, carry on business as a              No. 93/2001
       pawnbroker unless—                                     s. 7(2).

         (a) the person is registered as a second-hand
             dealer under this Part; and
         (b) the person is authorised to carry on business
             as a pawnbroker by endorsement of their
             registration under this Part.
       Penalty: 100 penalty units.




                          9
                      Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                  Part 2—Registration
 s. 6


                     (2) Despite subsection (1), a person who holds a
                         motor car trader's licence under the Motor Car
                         Traders Act 1986 may buy, sell, exchange or
                         otherwise deal in second-hand goods that are
                         motor car parts without being registered under this
                         Part, but must in all other respects comply with
                         this Act.
S. 6             6 Eligibility for registration
substituted by
No. 44/1997
s. 38,
amended by
No. 52/1998
s. 250,
substituted by
No. 101/1998
s. 13.



S. 6(1)              (1) A person is not eligible to be registered or for an
amended by
No. 93/2001              endorsement of the registration under this Part
s. 8(1).                 if—
                          (a) the person or, if the person is a body
                              corporate, a director of the person, is a
                              represented person within the meaning of the
                              Guardianship and Administration Act
                              1986; or
                          (b) the person is an insolvent under
                              administration or an externally-administered
                              body corporate.
S. 6(2)              (2) Unless a person obtains the Authority's permission
amended by
No. 93/2001              under section 10A, the person is not eligible to be
s. 8(2)(a).              registered or for an endorsement of the
                         registration under this Part if—
                          (a) the person or an associate of the person or, if
                              the person is a body corporate, a director or
                              an associate of a director of the person has,
                              within the preceding 5 years in Australia or
                              elsewhere, been convicted or found guilty of
                              a disqualifying offence; or


                                           10
Second-Hand Dealers and Pawnbrokers Act 1989
              No. 54 of 1989
            Part 2—Registration
                                                           s. 6


  (ab) a body corporate has, within the preceding        S. 6(2)(ab)
       5 years in Australia or elsewhere, been           inserted by
                                                         No. 93/2001
       convicted or found guilty of a disqualifying      s. 8(2)(b).
       offence and the person was a director of the
       body corporate at the time the disqualifying
       offence was committed; or
   (b) the person or an associate of the person or, if
       the person is a body corporate, a director or
       an associate of a director of the person has
       carried on any occupation, profession or
       business that is regulated under any
       enactment of Victoria or of the
       Commonwealth or of another State or a
       Territory of Australia and under that
       enactment—
          (i) the person's licence, registration or
              permission to carry on that occupation,
              profession or business is suspended; or
         (ii) the person's licence, registration or
              permission to carry on that occupation,
              profession or business has been
              cancelled at any time in the preceding
              5 years; or
        (iii) the person is disqualified from carrying
              on that occupation, profession or
              business or has been so disqualified at
              any time in the preceding 5 years; or
  (ba) a body corporate has carried on any               S. 6(2)(ba)
                                                         inserted by
       occupation, profession or business that is        No. 93/2001
       regulated under any enactment of Victoria or      s. 8(2)(c).

       of the Commonwealth or of another State or
       a Territory of Australia and under that
       enactment—




                    11
                      Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                  Part 2—Registration
 s. 7


                                (i) the body corporate's licence,
                                    registration or permission to carry on
                                    that occupation, profession or business
                                    is suspended; or
                               (ii) the body corporate's licence,
                                    registration or permission to carry on
                                    that occupation, profession or business
                                    has been cancelled at any time in the
                                    preceding 5 years; or
                              (iii) the body corporate is disqualified from
                                    carrying on that occupation, profession
                                    or business or has been so disqualified
                                    at any time in the preceding 5 years—
                              and the person was a director of the body
                              corporate at the time of the conduct which
                              resulted in the suspension, cancellation or
                              disqualification; or
                         (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 is an insolvent
                             under administration or an externally-
                             administered body corporate.
S. 7             7 Application for registration
substituted by
No. 44/1997
s. 38.


S. 7(1)             (1) An application for registration as a second-hand
amended by
No. 52/1998             dealer may be made to the Authority.
s. 251(1).


                    (2) An application must be—
S. 7(2)(a)               (a) in writing in or to the effect of the form
amended by
No. 52/1998                  approved by the Authority and must be
s. 251(1).                   verified by statutory declaration; and




                                          12
      Second-Hand Dealers and Pawnbrokers Act 1989
                    No. 54 of 1989
                  Part 2—Registration
                                                                  s. 7A


          (b) accompanied by evidence as to the identity
              of—
                (i) the applicant; or
               (ii) if the applicant is a body corporate, the
                    directors of the applicant—
              by means of a birth certificate, passport (if
              the passport is current or expired for not
              more than 2 years), driver licence or any
              other document in one of the prescribed
              categories; and
          (c) accompanied by the prescribed fee; and
          (d) lodged with the Authority not less than           S. 7(2)(d)
                                                                amended by
              1 month before the day on which the               Nos 52/1998
              applicant proposes to commence business as        s. 251(1),
                                                                93/2001 s. 9,
              a second-hand dealer.                             substituted by
                                                                No. 106/2003
                                                                s. 28(1).

     (3) If before an application is determined the             S. 7(3)
                                                                inserted by
         applicant becomes aware of a change that has           No. 52/1998
         occurred in the information provided at any time       s. 251(2).

         by the applicant in, or in relation to, the
         application, the applicant must within 7 days after
         becoming so aware give particulars of the change
         to the Authority.
         Penalty: 10 penalty units.
7A Application for endorsement                                  S. 7A
                                                                inserted by
                                                                No. 93/2001
     (1) A registered second-hand dealer or an applicant        s. 10.
         for registration as a second-hand dealer may apply
         to the Authority for an endorsement of the
         registration authorising the holder to carry on
         business as a pawnbroker.
     (2) An application under subsection (1)—
          (a) must be in writing in or to the effect of the
              form approved by the Authority; and



                          13
                        Second-Hand Dealers and Pawnbrokers Act 1989
                                      No. 54 of 1989
                                    Part 2—Registration
 s. 8


                           (b) may be made in conjunction with an
                               application for registration or at any other
                               time.
                      (3) If, before an application is determined, the
                          applicant becomes aware of a change that has
                          occurred in the information provided at any time
                          by the applicant in, or in relation to, the
                          application, the applicant must, within 7 days after
                          becoming so aware, give particulars of the change
                          to the Authority.
                          Penalty: 10 penalty units.
S. 8               8 Investigation of application
substituted by
No. 44/1997
s. 38.


S. 8(1)               (1) On receiving an application for registration as a
substituted by
No. 52/1998               second hand dealer or an application for
s. 252(1),                endorsement as a pawnbroker, the Authority,
amended by
No. 93/2001               except in the prescribed circumstances, must refer
s. 11.                    any details of the application that the Authority
                          considers relevant to the Director and the Chief
                          Commissioner of Police.
S. 8(1A)             (1A) The Director may inquire into and report to the
inserted by
No. 52/1998               Authority on the application.
s. 252(1).


S. 8(2)               (2) The Chief Commissioner of Police must, not more
amended by
No. 52/1998               than 14 days after receipt of details of the
s. 252(2)(a)(b).          application by the Commissioner, enquire into and
                          report to the Authority on the criminal record, if
                          any, of—
                            (a) the applicant;
                           (b) if the applicant is a body corporate, the
                               directors of the applicant;
                            (c) the associates, if any, of the applicant.



                                            14
      Second-Hand Dealers and Pawnbrokers Act 1989
                    No. 54 of 1989
                  Part 2—Registration
                                                                  s. 8A


     (3) A report may include recommendations.                  S. 8(3)
                                                                inserted by
                                                                No. 52/1998
                                                                s. 252(3).


8A Consideration of application                                 S. 8A
                                                                inserted by
                                                                No. 52/1998
                                                                s. 253.



     (1) In considering an application for registration or      S. 8A(1)
                                                                amended by
         endorsement, the Authority may—                        No. 93/2001
                                                                s. 12(1).


          (a) conduct any inquiries it thinks fit;
          (b) require an applicant to provide any further
              information that the Authority thinks fit in
              the manner required by the Authority;
          (c) seek advice and information on the
              application from any other person or body as
              it thinks fit.
     (2) The Authority may engage or appoint any person
         to assist it in considering an application.
     (3) The Authority may refuse—                              S. 8A(3)
                                                                substituted by
                                                                No. 93/2001
          (a) to register an applicant; or                      s. 12(2).
          (b) to endorse a registration—
         if the applicant for registration or endorsement, as
         the case may be, does not provide the further
         information required within a reasonable time of
         the requirement being made.
     (4) The Authority is not required to conduct a hearing     S. 8A(4)
                                                                substituted by
         to determine whether—                                  No. 93/2001
                                                                s. 12(2).
          (a) to register an applicant or refuse to register
              an applicant; or
          (b) to endorse a registration or refuse to endorse
              a registration.


                          15
                      Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                  Part 2—Registration
 s. 8B


S. 8B          8B Authority may impose conditions
inserted by
No. 93/2001         (1) The Authority may—
s. 13.
                         (a) impose conditions that must be complied
                             with before it registers, or endorses the
                             registration of, an applicant;
                         (b) on registering, or endorsing the registration
                             of, an applicant or at any other time, impose
                             conditions in respect of the registration, or
                             endorsement of the registration, of a person;
                         (c) at any time on the application of any person
                             or of its own motion, vary or revoke any
                             conditions previously imposed.
                    (2) A person registered under this Part must comply
                        with any conditions imposed in respect of the
                        registration or endorsement of the registration.
                        Penalty: 100 penalty units.
S. 8B(3)            (3) An application under subsection (1)(c), other than
amended by
Nos 106/2003            an application by the Director or the Chief
s. 28(2),               Commissioner of Police, must be accompanied by
10/2004
s. 15(Sch. 1            the prescribed fee or, if no fee is prescribed,
item 26.1).             15 fee units.
S. 8C          8C Notation of condition on certificate of registration
inserted by
No. 93/2001
s. 13.
                    (1) If a condition in respect of the registration, or
                        endorsement of the registration, of a person
                        registered under this Part is imposed, varied or
                        revoked under section 8B or 18B(1)(f), the
                        Authority may require the person to produce the
                        certificate of registration for notation of the
                        condition or the variation or revocation of the
                        condition.




                                          16
       Second-Hand Dealers and Pawnbrokers Act 1989
                     No. 54 of 1989
                   Part 2—Registration
                                                                    s. 9


     (2) A person registered under this Part must comply
         with the requirement under subsection (1).
         Penalty: 10 penalty units.
  9 Registration                                                  S. 9
                                                                  substituted by
                                                                  No. 44/1997
                                                                  s. 38.



     (1) The Authority must register an applicant as a            S. 9(1)
                                                                  amended by
         second-hand dealer unless the applicant—                 No. 52/1998
                                                                  s. 254(1),
            (a) is not eligible under section 6 to be so          substituted by
                                                                  No. 93/2001
                registered; or                                    s. 14.
            (b) has not complied with any conditions
                imposed under section 8B(1)(a).
     (2) A registration remains in force until it is cancelled
         or surrendered.
        *             *           *            *           *      S. 9(3)
                                                                  amended by
                                                                  No. 52/1998
                                                                  s. 254(1),
                                                                  repealed by
                                                                  No. 52/1998
                                                                  s. 254(2).


9AA Endorsement                                                   S. 9AA
                                                                  inserted by
                                                                  No. 93/2001
     (1) The Authority must, on application, endorse a            s. 15.
         registration authorising the applicant to carry on
         business as a pawnbroker if satisfied that—
            (a) the applicant is not ineligible under section 6
                for an endorsement of the registration; and
            (b) the applicant has complied with any
                conditions imposed under section 8B(1)(a);
                and
            (c) the initial endorsement fee has been paid to
                the Authority.




                            17
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                                   Part 2—Registration
 s. 9A


                      (2) For the purposes of subsection (1)(c), the initial
                          endorsement fee is the amount of the annual
                          endorsement fee provided for under section 11AA
                          calculated pro rata from the date of endorsement
                          to the date on which the annual registration fee is
                          payable under section 11(1).
                      (3) An endorsement remains in force until it is
                          cancelled or surrendered.
S. 9A            9A Notice of decision
inserted by
No. 52/1998
s. 255.


S. 9A(1)              (1) If the Authority refuses to register an applicant or
amended by
No. 93/2001               refuses to endorse the registration of an applicant,
s. 16(1).                 the Authority must notify the applicant in writing
                          of the refusal within 14 days after that refusal.
S. 9A(2)              (2) If the Authority registers an applicant or endorses
amended by
No. 93/2001               the registration of an applicant, the Authority must
s. 16(2).                 as soon as practicable notify the applicant in
                          writing of that decision.
S. 9B            9B Application for review
inserted by
No. 52/1998
s. 255.


S. 9B(1)              (1) A person whose interests are affected by a
substituted by
No. 101/1998              decision of the Authority—
s. 14.
                           (a) in respect of an application for registration
                               under this Part; or
S. 9B(1)(ab)              (ab) in respect of an application for endorsement
inserted by
No. 93/2001                    of a registration under this Part; or
s. 17(1).


S. 9B(1)(ac)              (ac) to impose, vary or revoke a condition in
inserted by
No. 93/2001                    respect of registration or endorsement under
s. 17(1).                      this Part; or



                                           18
      Second-Hand Dealers and Pawnbrokers Act 1989
                    No. 54 of 1989
                  Part 2—Registration
                                                                  s. 10


          (b) in respect of an application for permission
              under section 10A; or
          (c) to impose, vary or revoke a condition of a        S. 9B(1)(c)
                                                                amended by
              permission; or                                    No. 93/2001
                                                                s. 17(2)(a).


          (d) in respect of an application for permission       S. 9B(1)(d)
                                                                inserted by
              under section 18 or any limitation on or          No. 93/2001
              condition of such a permission—                   s. 17(2)(b).

         may apply to the Tribunal for review of the
         decision.
     (2) An application for review must be made within
         28 days after the later of—
          (a) the day on which the decision is made; or
          (b) if, under the Victorian Civil and
              Administrative Tribunal Act 1998, the
              person requests a statement of reasons for the
              decision, the day on which the statement of
              reasons is given to the person or the person is
              informed under section 46(5) of that Act that
              a statement of reasons will not be given.
10 Automatic cancellation of registration                       S. 10
                                                                substituted by
                                                                No. 44/1997
     (1) A person's registration under this Part is             s. 38,
         automatically cancelled if—                            amended by
                                                                No. 52/1998
          (a) the person or, if the person is a body            s. 256,
                                                                substituted by
              corporate, a director of the person, becomes      No. 101/1998
              a represented person within the meaning of        s. 15.
              the Guardianship and Administration Act
              1986; or
          (b) the person becomes an insolvent under
              administration or an externally-administered
              body corporate.




                           19
               Second-Hand Dealers and Pawnbrokers Act 1989
                             No. 54 of 1989
                           Part 2—Registration
 s. 10


              (2) Subject to subsection (4), a person's registration
                  under this Part is automatically cancelled 30 days
                  after—
                   (a) the person or an associate of the person or, if
                       the person is a body corporate, a director or
                       an associate of a director of the person is
                       convicted or found guilty of a disqualifying
                       offence; or
                   (b) the person or an associate of the person or, if
                       the person is a body corporate, a director or
                       an associate of a director of the person—
                         (i) carries on any occupation, profession or
                             business that is regulated under any
                             enactment of Victoria or of the
                             Commonwealth or of another State or a
                             Territory of Australia; and
                        (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)        (c) an associate of the person or, if the person is
amended by
No. 93/2001            a body corporate, a director or an associate
s. 18(a).              of a director of the person becomes an
                       insolvent under administration or an
                       externally-administered body corporate; or
S. 10(2)(d)        (d) the person is notified in writing by the
inserted by
No. 93/2001            Authority that an associate of the person or,
s. 18(b).              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.




                                   20
        Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989
                    Part 2—Registration
                                                                      s. 10A


      (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.
10A Permission to be registered or to continue to be                S. 10A
                                                                    inserted by
    registered                                                      No. 101/1998
                                                                    s. 15.
      (1) A person who would otherwise be ineligible to be
          registered because of section 6(2) may apply to
          the Authority for permission to be registered.
      (2) A person whose registration would otherwise be
          cancelled by section 10(2) may apply to the
          Authority for permission to continue to be
          registered.
      (3) An application for permission must be—
           (a) in a form approved by the Authority; and
           (b) accompanied by the prescribed fee or, if no          S. 10A(3)(b)
                                                                    amended by
               fee is prescribed, 15 fee units.                     Nos 106/2003
                                                                    s. 28(3),
                                                                    10/2004
                                                                    s. 15(Sch. 1
                                                                    item 26.2).

      (4) The Authority may give its permission if it is
          satisfied—
           (a) that it is not contrary to the public interest for
               it to do so; and
           (b) if the person is ineligible for registration, or
               would have their registration cancelled, by
               reason of a suspension, cancellation or


                            21
          Second-Hand Dealers and Pawnbrokers Act 1989
                        No. 54 of 1989
                      Part 2—Registration
s. 10A


                  disqualification in respect of an occupation,
                  profession or business, that special
                  circumstances led to the suspension,
                  cancellation or disqualification; and
              (c) if the person is ineligible for registration, or
                  would have their registration cancelled, by
                  reason of a conviction or finding of guilt of a
                  disqualifying offence, that—
                    (i) the offence was not related to conduct
                        carried out by the person—
                        (A) while engaging in the business of
                            a second-hand dealer or
                            pawnbroker; or
                        (B) as a director of a body corporate
                            that engages in the business of a
                            second-hand dealer or
                            pawnbroker; and
                   (ii) special circumstances led to the
                        offence.
         (5) In considering an application under this section,
             the Authority may—
              (a) conduct any inquiries it thinks fit;
              (b) require the applicant to provide any further
                  information that the Authority thinks fit in
                  the manner required by the Authority;
              (c) seek advice and information on the
                  application from any other person or body as
                  it thinks fit.
         (6) The Authority may refuse to give permission if
             the applicant does not provide the further
             information required within a reasonable time of
             the requirement being made.
         (7) The Authority is not required to conduct a hearing
             to determine whether or not to give permission.


                              22
       Second-Hand Dealers and Pawnbrokers Act 1989
                     No. 54 of 1989
                   Part 2—Registration
                                                                   s. 10B


10B Conditions on permission                                     S. 10B
                                                                 inserted by
      (1) In giving permission under section 10A, the            No. 101/1998
          Authority may impose any conditions it considers       s. 15.

          appropriate to ensure the ongoing protection of the
          public interest.
      (2) The Authority may at any time impose conditions
          in respect of the permission or vary or revoke any
          conditions previously imposed.
      (3) A person to whom permission has been given
          must comply with any conditions imposed in
          respect of the permission.
          Penalty: 100 penalty units.
 11 Annual registration fee and statement                        S. 11
                                                                 substituted by
                                                                 Nos 44/1997
      (1) A person registered under this Part must pay to the    s. 38, 52/1998
          Authority the prescribed annual registration fee on    s. 257.
          the anniversary of the date that person was first
          registered under this Part.
      (2) An annual registration fee may be paid at any time
          in the 6 weeks before it falls due.
      (3) The payment must be accompanied by a statement
          in respect of the year up to the date the payment is
          made that is in a form approved by the Authority
          and that is signed by the person registered under
          this Part.
      (4) The statement must contain any information and
          be accompanied by any documents required by the
          Authority.




                           23
                            Second-Hand Dealers and Pawnbrokers Act 1989
                                          No. 54 of 1989
                                        Part 2—Registration
 s. 11AA


S. 11AA            11AA Annual endorsement fee
inserted by
No. 93/2001
s. 19.


S. 11AA(1)                (1) A person whose registration is endorsed under this
substituted by
No. 106/2003                  Part must pay to the Authority the prescribed
s. 28(4),                     annual endorsement fee or, if no fee is prescribed,
amended by
No. 10/2004                   an annual endorsement fee of 40 fee units.
s. 15(Sch. 1
item 26.3).

S. 11AA(1A)             (1A) The annual endorsement fee must be paid on the
inserted by
No. 106/2003                 same date as the annual registration fee is payable
s. 28(4).                    under section 11(1).
                          (2) An annual endorsement fee may be paid at any
                              time in the 6 weeks before it falls due.
S. 11A              11A Failure to comply with section 11
inserted by
No. 52/1998
s. 257.


S. 11A(1)                 (1) If a person fails to comply with section 11 or
amended by
No. 93/2001                   11AA, the Authority must give the person a
s. 20(1)(a)–(c).              written notice stating that unless the person
                              complies with that section and also pays to the
                              Authority the late payment or lodgement fee by
                              the date specified in the notice, the person's
                              registration or endorsement, as the case may be,
                              will be cancelled.
                          (2) The date specified in the notice must be at least
                              14 days after the date on which the notice is given
                              to the person.
S. 11A(3)                 (3) If the person has not complied with section 11 or
amended by
No. 93/2001                   11AA and paid the late payment or lodgement fee
s. 20(2)(a)(b).               by the date specified in the notice, the registration
                              or endorsement, as the case may be, is
                              automatically cancelled.




                                                24
        Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989
                    Part 2—Registration
                                                                  s. 11B


      (4) The fee for late payment or lodgement is the          S. 11A(4)
          prescribed fee or, if no fee is prescribed, 2 fee     inserted by
                                                                No. 93/2001
          units.                                                s. 20(3),
                                                                substituted by
                                                                No. 106/2003
                                                                s. 28(5),
                                                                amended by
                                                                No. 10/2004
                                                                s. 15(Sch. 1
                                                                item 26.4).



11B Return of certificates of registration                      S. 11B
                                                                inserted by
                                                                No. 52/1998
          Subject to section 18D, a person registered, or       s. 257,
          whose registration is endorsed, under this Part       substituted by
                                                                No. 93/2001
          must return the certificate of registration to the    s. 21.
          Authority within 7 days of—
           (a) becoming aware of the cancellation of the
               registration; or
           (b) becoming aware of the cancellation of an
               endorsement of the registration; or
           (c) ceasing to carry on business as a second-
               hand dealer or pawnbroker.
          Penalty: 25 penalty units.
11C Surrender of registration or endorsement                    S. 11C
                                                                inserted by
                                                                No. 93/2001
      (1) Subject to subsection (3), a person registered        s. 22.
          under this Part may at any time by notice in
          writing to the Authority, surrender the
          registration.
      (2) Subject to subsection (3), a person whose
          registration is endorsed under this Part may at any
          time by notice in writing to the Authority,
          surrender the endorsement.




                            25
                         Second-Hand Dealers and Pawnbrokers Act 1989
                                       No. 54 of 1989
                                     Part 2—Registration
 s. 12


                        (3) If an application has been made to the Tribunal
                            under section 18A for an inquiry in relation to the
                            registration of a person, the person may not,
                            without leave of the Tribunal, surrender the
                            registration unless the Tribunal has determined to
                            take action under section 18B or has determined
                            not to take any such action.
                        (4) A person who surrenders a registration or an
                            endorsement of a registration must return the
                            certificate of registration to the Authority within
                            14 days of surrender.
                            Penalty: 10 penalty units.
S. 12              12 Notification of changes
substituted by
No. 44/1997
s. 38,
                            If a person registered, or whose registration is
amended by                  endorsed, under this Part—
Nos 52/1998
s. 258, 93/2001              (a) changes business premises; or
s. 23.
                             (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.
                            Penalty: 10 penalty units.
S. 12A            12A Address for notices
inserted by
No. 93/2001
s. 24.
                        (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.




                                              26
      Second-Hand Dealers and Pawnbrokers Act 1989
                    No. 54 of 1989
                  Part 2—Registration
                                                                  s. 13


     (2) Any change in the address must be promptly
         notified in writing to the Authority.
     (3) This section does not derogate from section 27.
13 Register                                                     S. 13
                                                                substituted by
                                                                No. 44/1997
                                                                s. 38.



     (1) The Registrar must cause a register to be kept of      S.13(1)
                                                                amended by
         all persons registered under this Part containing      Nos 52/1998
         particulars of endorsements, if any, under this Part   s. 259(1)(a),
                                                                93/2001
         and the prescribed particulars.                        s. 25(1).

     (2) The register may be inspected at the office of the     S. 13(2)
                                                                amended by
         Authority by any person during ordinary office         No. 52/1998
         hours without charge.                                  s. 259(1)(b).

     (3) A person may obtain—                                   S. 13(3)
                                                                substituted by
                                                                No. 93/2001
          (a) a copy of the register; or                        s. 25(2).
          (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.
14 Correction of the register                                   S. 14
                                                                substituted by
                                                                No. 44/1997
                                                                s. 38.



     (1) The Registrar may correct an error or omission in      S. 14(1)
                                                                amended by
         the register by—                                       No. 52/1998
                                                                s. 259(2)(a).
          (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.




                           27
                        Second-Hand Dealers and Pawnbrokers Act 1989
                                      No. 54 of 1989
                                    Part 2—Registration
 s. 16


S. 14(2)               (2) The Registrar may make the correction on his or
amended by                 her initiative or on the application of any person.
No. 52/1998
s. 259(2)(a).

S. 14(3)               (3) The Registrar must notify the person registered of
amended by
Nos 52/1998                any correction made under this section that affects
s. 259(2)(a),              the registration or endorsement of the registration.
93/2001 s. 26.


S. 14(4)               (4) A person may apply to the Tribunal for review of
amended by
No. 52/1998                the Registrar's decision concerning correction of
s. 259(2)(b)(c).           the register.
S. 14(5)               (5) The Registrar must make any correction to the
amended by
No. 52/1998                register that is necessary to implement the
s. 259(2)(a)(d).           decision of the Tribunal.
S. 15                     *           *            *           *           *
substituted by
No. 44/1997
s. 38,
repealed by
No. 52/1998
s. 260(1).

S. 16              16 Offences
substituted by
No. 44/1997
s. 38.
                       (1) A person must not knowingly or recklessly make
                           a false or misleading statement in or in connection
                           with an application, statement or notice under this
                           Part.
                           Penalty: 20 penalty units.
                       (2) An applicant for registration must not submit false
                           evidence of identity.
                           Penalty: 50 penalty units.




                                             28
      Second-Hand Dealers and Pawnbrokers Act 1989
                    No. 54 of 1989
                  Part 2—Registration
                                                                    s. 17


17 Display of current registration certificate                    S. 17
                                                                  repealed by
     (1) A person who is carrying on business as a second-        No. 44/1997
         hand dealer or pawnbroker must display the               s. 38,
                                                                  new s. 17
         current certificate of registration or a copy of it in   inserted by
         a prominent position at each place at which              No. 93/2001
                                                                  s. 27.
         business is carried on pursuant to the registration
         or endorsement.
         Penalty: 60 penalty units.
     (2) A person who is carrying on business as a second-
         hand dealer or pawnbroker must not display a
         certificate of registration or a copy of that
         certificate if the registration or endorsement is not
         in force.
         Penalty: 60 penalty units.
18 Death, disability etc. of registered person                    S. 18
                                                                  repealed by
                                                                  No. 44/1997
     (1) The following persons may carry on the second-           s. 38,
         hand dealing or pawnbroking business of a person         new s. 18
                                                                  inserted by
         who was registered under this Part for 30 days           No. 93/2001
         after the person ceases to be registered—                s. 27.

          (a) if the person dies, the executor named in the
              person's will or the administrator of the
              person's estate or any person who intends
              applying for letters of administration in
              relation to the person's estate;
          (b) if the person becomes an insolvent under
              administration, the assignee, trustee or
              receiver of the person;
          (c) if the person becomes a represented person
              within the meaning of the Guardianship
              and Administration Act 1986, the guardian
              or administrator of the person or any person
              nominated by the guardian or administrator;




                           29
         Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
                     Part 2—Registration
s. 18


             (d) if the person becomes an externally-
                 administered body corporate, the liquidator,
                 official manager, receiver, receiver and
                 manager or other external administrator.
        (2) If a person authorised to carry on a business
            applies to the Authority within the 30 day period
            for permission to carry on the business for a
            longer period, the person may continue to carry on
            the business until the Authority makes a decision
            on the application.
        (3) The Authority may grant an application if it is
            satisfied that it is not contrary to the public
            interest to do so.
        (4) In granting its permission, the Authority may limit
            it in any way it thinks appropriate and may impose
            any conditions it thinks appropriate to ensure the
            ongoing protection of the public interest.
        (5) The Authority may at any time withdraw any
            permission it has granted under this section or
            limit, or impose, revoke or vary conditions on, any
            such permission.
        (6) A person who has been granted permission under
            this section must comply with any limitation or
            condition that applies to the permission.
            Penalty: 50 penalty units.
        (7) A person who carries on a second-hand dealing
            business under this section is deemed, for the
            purposes of this Act, to be a registered second-
            hand dealer on the same terms and conditions as
            applied to the person who has ceased to be
            registered.
        (8) A person who carries on a pawnbroking business
            under this section is deemed, for the purposes of
            this Act to be an endorsed pawnbroker on the
            same terms and conditions as applied to the
            person who has ceased to be registered.


                             30
       Second-Hand Dealers and Pawnbrokers Act 1989
                     No. 54 of 1989
                   Part 2—Registration
                                                                   s. 18A


           Division 2—Disciplinary action                        Pt 2 Div. 2
                                                                 (Heading and
                                                                 ss 18A–18D)
                                                                 inserted by
                                                                 No. 93/2001
                                                                 s. 28.


18A Disciplinary action                                          S. 18A
                                                                 inserted by
                                                                 No. 93/2001
      (1) The Chief Commissioner of Police may apply at          s. 28.
          any time to the Tribunal to conduct an inquiry to
          determine whether there are grounds for taking
          action under section 18B against a registered
          second-hand dealer.
      (2) The Director or the Chief Commissioner of Police
          may apply at any time to the Tribunal to conduct
          an inquiry to determine whether there are grounds
          for taking action under section 18B against an
          endorsed pawnbroker.
      (3) There are grounds for taking action under
          section 18B against a person who is a registered
          second-hand dealer or an endorsed pawnbroker
          if—
           (a) the person improperly obtained or is
               improperly holding registration or
               endorsement under this Part; or
           (b) the person has contravened or failed to
               comply with this Act or the regulations; or
           (c) the person has been convicted or found
               guilty of an offence against this Act or the
               regulations; or
           (d) the person's second-hand dealing or
               pawnbroking business is being carried on in
               a dishonest or unfair manner; or
           (e) the person or a partner, director or officer of
               the person has engaged in discreditable
               conduct; or



                           31
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                   No. 54 of 1989
                                 Part 2—Registration
 s. 18B


                          (f) the effective control of the business to which
                              the registration relates is not, or is unlikely to
                              remain, with the person; or
                         (g) there has been a breach of a condition
                             imposed by the Authority on the person's
                             registration or endorsement.
                    (4) If an application for an inquiry is lodged under
                        subsection (1) or (2), the principal registrar of the
                        Tribunal must—
                         (a) send a copy of the application to the
                             registered second-hand dealer or the
                             endorsed pawnbroker; and
                         (b) advise the registered second-hand dealer or
                             the endorsed pawnbroker and the person
                             making the application in writing of when
                             and where the inquiry will be held.
                    (5) An inquiry must not start within 30 days of the
                        date the application for the inquiry is lodged
                        unless—
                         (a) the person who lodged the application, or the
                             registered second-hand dealer or the
                             endorsed pawnbroker, applies to the Tribunal
                             for the inquiry to be started within that time;
                             and
                         (b) the Tribunal is satisfied that there are
                             exceptional circumstances.
S. 18B        18B Determination of disciplinary measures by Tribunal
inserted by
No. 93/2001
s. 28.
                    (1) After conducting an inquiry, if the Tribunal is
                        satisfied that there are grounds for taking action
                        under this section against a person who is a
                        registered second-hand dealer or an endorsed
                        pawnbroker, the Tribunal may do one or more of
                        the following—
                         (a) reprimand the person;



                                           32
 Second-Hand Dealers and Pawnbrokers Act 1989
               No. 54 of 1989
             Part 2—Registration
                                                               s. 18B


     (b) order the person to pay into the Consolidated       S. 18B(1)(b)
         Fund a penalty not exceeding an amount that         amended by
                                                             No. 10/2004
         is 50 times the value of a penalty unit fixed       s. 15(Sch. 1
         by the Treasurer under section 5(3) of the          item 26.5).
         Monetary Units Act 2004;
     (c) require the person to comply within, or for, a
         specified time with a requirement specified
         by the Tribunal;
     (d) suspend for a specified period not exceeding
         1 year—
           (i) the registration of the person; or
           (ii) the endorsement of the person;
     (e) require the person to enter into an
         undertaking to perform, or not to perform,
         certain tasks to be specified in the
         undertaking;
      (f) impose a condition on the registration or
          endorsement of the person;
     (g) if the ground for taking action under this
         section involved one or more people losing
         money, order the person to pay
         compensation to one or more of those
         people, but not so that the total amount the
         person must pay under this paragraph is
         more than $5000.
(2) As an alternative to taking action under one or
    more of subsections (1)(a), (b), (c), (d) and (f), the
    Tribunal may—
     (a) cancel the registration of the registered
         second-hand dealer or endorsed pawnbroker;
         or




                      33
          Second-Hand Dealers and Pawnbrokers Act 1989
                        No. 54 of 1989
                      Part 2—Registration
s. 18B


              (b) cancel the endorsement of the endorsed
                  pawnbroker—
             and disqualify the second-hand dealer or
             pawnbroker (and any partner or director of the
             second-hand dealer or pawnbroker) from being
             registered or endorsed, as the case may be, either
             permanently or for a specified period.
         (3) If the Tribunal orders the payment of an amount
             under subsection (1)(b) or (g)—
              (a) it may order that the amount be paid by a
                  specified date; and
              (b) if the amount is not paid by that date, it may
                  suspend the registration or the endorsement,
                  as the case may be, until the amount is paid
                  and set a final payment date; and
              (c) if the amount has not been paid by that final
                  payment date, it may cancel the registration
                  or the endorsement, as the case may be; and
              (d) it may extend any period of time it sets under
                  paragraph (a) or (b) at any time.
         (4) The Tribunal may suspend or cancel—
              (a) the registration of a second-hand dealer or
                  pawnbroker; or
              (b) the endorsement of a pawnbroker—
             under subsection (3) without giving the second-
             hand dealer or pawnbroker an opportunity to be
             heard.
         (5) If the Tribunal suspends or cancels—
              (a) the registration of a second-hand dealer or
                  pawnbroker; or
              (b) the endorsement of a pawnbroker—
             the suspension or cancellation takes effect on and
             from the date determined by the Tribunal.


                              34
        Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989
                    Part 2—Registration
                                                                   s. 18C


      (6) If under subsection (1)(c), the Tribunal requires a
          registered second-hand dealer or an endorsed
          pawnbroker to comply with a requirement
          specified by it, the registered second-hand dealer
          or endorsed pawnbroker must comply with the
          requirement within or for the time specified by the
          Tribunal under that paragraph.
18C Effect of suspension                                         S. 18C
                                                                 inserted by
                                                                 No. 93/2001
      (1) A second-hand dealer or pawnbroker whose               s. 28.
          registration has been suspended is to be treated as
          unregistered during the period of suspension,
          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.
18D Suspended and cancelled certificates of registration         S. 18D
                                                                 inserted by
    must be returned                                             No. 93/2001
                                                                 s. 28.
          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.
          Penalty: 25 penalty units.
                    _______________




                            35
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                               Part 3—Conduct of Business
 s. 19


                         PART 3—CONDUCT OF BUSINESS
S. 19            19 Identifying persons selling or pawning goods
substituted by
No. 44/1997          (1) A second-hand dealer or pawnbroker must require
s. 39.                   every person attempting to sell or pawn second-
                         hand goods to the second-hand dealer or
                         pawnbroker to produce evidence as to the person's
                         identity—
S. 19(1)(a)               (a) by means of—
substituted by
No. 93/2001
s. 29.
                                 (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
                          (b) by means of 2 documents in the prescribed
                              categories but each in a different category.
                         Penalty: 20 penalty units.
                     (2) If a person attempting to sell or pawn second-hand
                         goods is, on request, unable to produce the
                         required evidence of identity, the second-hand
                         dealer or pawnbroker must refuse to accept the
                         goods.
                         Penalty: 20 penalty units.
                     (3) A person attempting to sell or pawn second-hand
                         goods to a second-hand dealer or pawnbroker
                         must not produce false evidence of identity.
                         Penalty: 50 penalty units.




                                           36
       Second-Hand Dealers and Pawnbrokers Act 1989
                     No. 54 of 1989
               Part 3—Conduct of Business
                                                                 s. 20


 20 Recording transactions                                     S. 20
                                                               amended by
          A second-hand dealer or pawnbroker must keep,        No. 44/1997
          in the form and containing the information           s. 40.

          required by the regulations, accurate and complete
          records of every transaction, whether conducted
          on the business premises or elsewhere, by which
          the dealer or pawnbroker receives second-hand
          goods.
          Penalty: 20 penalty units.
 21 Retention of goods for seven days
      (1) For 7 days after receiving second-hand goods a
          second-hand dealer or pawnbroker must keep the
          goods in the form in which they were received and
          without disposing of them in any way.
          Penalty: 20 penalty units.
      (2) Subsection (1) does not derogate from any
          obligation a second-hand dealer or pawnbroker
          might otherwise have to keep goods for a period
          longer than 7 days after receipt.
21A Recording storage location of goods                        S. 21A
                                                               inserted by
                                                               No. 44/1997
          A second-hand dealer or pawnbroker must keep         s. 41.
          accurate and complete records of the place of
          storage of each item of second-hand goods in the
          possession or under the control of the dealer or
          pawnbroker.
          Penalty: 20 penalty units.
 22 Co-operation with police
      (1) A second-hand dealer or pawnbroker must check
          second-hand goods in his or her possession and
          second-hand goods which he or she receives
          against any notice describing stolen goods served
          on him or her by a member of the police force.




                           37
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                               Part 3—Conduct of Business
 s. 23


                     (2) A second-hand dealer or pawnbroker who
                         suspects for any reason that goods in his or her
                         possession or which he or she receives may have
                         been stolen must immediately inform a member of
                         the police force.
                         Penalty applying to this subsection: 20 penalty
                         units.
                 23 Contracts for pawning goods
                     (1) A pawnbroker must not receive second-hand
                         goods in pawn from a person under 16 years of
                         age.
                         Penalty: 20 penalty units.
S. 23(1A)           (1A) A pawnbroker must not receive a motor car from a
inserted by
No. 93/2001              person as goods in pawn.
s. 30(1).
                         Penalty: in the case of a natural person,
                                  60 penalty units;
                                    in the case of a body corporate,
                                    300 penalty units.
S. 23(1B)           (1B) In subsection (1A), motor car has the same
inserted by
No. 93/2001              meaning as it has in the Motor Car Traders Act
s. 30(1).                1986.
S. 23(2)             (2) A pawnbroker must cause a notice—
amended by
No. 41/1995
s. 62(Sch. 1
item 6),
substituted by
No. 44/1997
s. 42,
amended by
No. 93/2001
s. 30(2).


S. 23(2)(a)               (a) in or to the effect of a form approved by the
amended by
No. 52/1998                   Authority ; and
s. 260(2).




                                           38
 Second-Hand Dealers and Pawnbrokers Act 1989
               No. 54 of 1989
         Part 3—Conduct of Business
                                                            s. 23


     (b) showing the maximum amount charged
         weekly and monthly, or any other period
         normally used, by the pawnbroker on pawn
         transactions; and
     (c) stating that in special circumstances a higher
         amount may be charged by the
         pawnbroker—
    to be displayed in a prominent place in or outside
    each business premises of the pawnbroker to
    which the public has access so that the notice is
    clearly visible to the public from outside the
    premises.
    Penalty: 20 penalty units.
(3) A pawnbroker who advances money on the                S. 23(3)
                                                          amended by
    security of goods received in pawn must give to       No. 54/1989
    the owner of the goods—                               s. 35(6),
                                                          substituted by
                                                          Nos 44/1997
     (a) a pawn ticket containing the prescribed          s. 42, 93/2001
         particulars; and                                 s. 30(3).

     (b) a notice in the prescribed form concerning
         the rights and responsibilities of the parties
         to the transaction; and
     (c) written notice of the charge that will be
         imposed on the transaction.
    Penalty: 20 penalty units.
(4) Subject to subsection (5), a pawnbroker must not      S. 23(4)
                                                          substituted by
    charge on a pawn transaction an amount more           No. 44/1997
    than an amount calculated in accordance with the      s. 42.

    amount displayed on a notice under
    subsection (2)(b).
    Penalty: 20 penalty units.




                     39
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                   No. 54 of 1989
                             Part 3—Conduct of Business
 s. 23A


S. 23(5)            (5) A pawnbroker may charge an amount more than
inserted by             an amount calculated in accordance with the
No. 44/1997
s. 42.                  amount displayed under subsection (2)(b) if—
                         (a) it is reasonable to do so because the
                             pawnbroker is likely to incur additional
                             storage costs in relation to the goods being
                             pawned; or
                         (b) it is reasonable to do so because the
                             agreement provides for amounts to be paid
                             less frequently than is specified in the notice
                             under subsection (2); or
                         (c) the regulations so provide—
                        and—
                         (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        23A Return of residual equity in unredeemed goods that
inserted by
No. 93/2001       are sold
s. 31.
                    (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;



                                           40
 Second-Hand Dealers and Pawnbrokers Act 1989
               No. 54 of 1989
         Part 3—Conduct of Business
                                                           s. 23A


    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
    pawnbroker the residual equity, if any, in respect
    of the goods.
(3) If—
     (a) a pawnbroker sells unredeemed pawned
         goods after the expiry of the loan period; and
     (b) the residual equity in respect of the goods is
         $10, or if another amount is prescribed that
         amount, or more—
    the pawnbroker must, within 14 days after the
    sale, send to the person who pawned the goods a
    notice in the prescribed form advising the person
    that the pawned goods have been sold and that the
    person is entitled to claim the residual equity from
    the pawnbroker within the period of 12 months
    after the sale.
    Penalty: 20 penalty units.
(4) If—
     (a) unredeemed pawned goods are sold by a
         pawnbroker after the expiry of the loan
         period; and




                     41
          Second-Hand Dealers and Pawnbrokers Act 1989
                        No. 54 of 1989
                  Part 3—Conduct of Business
s. 23A


              (b) within the period of 12 months after the sale,
                  the person who pawned the goods demands
                  payment of the residual equity in respect of
                  the goods from the pawnbroker—
             the residual equity is a debt due and may be
             recovered in a court of competent jurisdiction.
         (5) A pawnbroker must pay, on demand, the residual
             equity, if any, in respect of pawned goods to the
             person who pawned the goods, if the person so
             requests within the period of 12 months after the
             sale of the goods.
             Penalty: 20 penalty units.
         (6) Section 86 of the Sentencing Act 1991 applies to
             an offence under subsection (5) as if non-payment
             of the value of the residual equity were a loss of
             property as a result of the offence.
                      _______________




                              42
        Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
         Part 4—Disputes as to the Ownership of Goods
                                                                  s. 24


PART 4—DISPUTES AS TO THE OWNERSHIP OF GOODS
  24 Magistrates' Courts to determine disputes
      (1) A person claiming to be entitled to the possession    S. 24(1)
                                                                amended by
          of goods in the possession or under the control of    No. 54/1989
          a second-hand dealer or pawnbroker, being             s. 35(7)(a).

          second-hand goods or goods in pawn, may apply
          to the Magistrates' Court for an order for delivery
          of the goods.
      (2) An application—
            (a) may be made without notice to any other
                person; and
           (b) must be supported by evidence on oath or by
               affidavit.
      (3) If satisfied by the supporting evidence that the      S. 24(3)
                                                                amended by
          applicant may be entitled to possession of the        Nos 54/1989
          goods, the Court constituted by a Registrar of the    s. 35(7)(b),
                                                                52/1998 s. 261.
          Court may make both of the following orders—
            (a) an order directing the second-hand dealer or
                pawn broker to deliver the goods to the
                applicant;
           (b) an order directing the second-hand dealer or
               pawnbroker to refrain from altering the form
               of the goods and from disposing of them in
               any way except in accordance with an order
               under paragraph (a).
      (4) Subject to this section, an order under
          subsection (3)(b) takes effect on service, and an
          order under subsection (3)(a) takes effect 21 days
          after service.




                             43
                Second-Hand Dealers and Pawnbrokers Act 1989
                               No. 54 of 1989
                 Part 4—Disputes as to the Ownership of Goods
 s. 24


S. 24(5)       (5) The orders under subsection (3) must be served on
amended by         the second-hand dealer or pawnbroker in the same
No. 54/1989
s. 35(7)(c).       way as a summons to answer to a charge, and
                   service may be proved in the same way as service
                   of a summons to answer to a charge.
S. 24(6)          *             *           *            *            *
repealed by
No. 54/1989
s. 35(7)(d).



               (7) If within 21 days after service of an order under
                   subsection (3)(a) the second-hand dealer or
                   pawnbroker lodges an objection with the Court—
                      (a) the order lapses and is and will be of no
                          effect; and
S. 24(7)(b)           (b) the matter of who is entitled to possession of
amended by
No. 54/1989               the goods must be determined by the Court
s. 35(7)(e).              constituted by a magistrate.
               (8) The Court—
                      (a) may make an order directing the second-
                          hand dealer or pawnbroker to deliver the
                          goods to the applicant; or
                      (b) may make an order directing the second-
                          hand dealer or pawnbroker to pay the
                          applicant the value of the goods as assessed
                          by the Court; or
                      (c) may dismiss the matter and rescind the order
                          under subsection (3)(b).
S. 24(9)       (9) An order made under subsection (3)(b) lapses
inserted by
No. 93/2001        on—
s. 32.
                      (a) the expiry of 6 months after the day on
                          which it was made; or
                      (b) the making of an order under
                          subsection (8)—
                   whichever is earlier.


                                      44
        Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
         Part 4—Disputes as to the Ownership of Goods
                                                                    s. 24A


24A Offence of failing to comply with court order                 S. 24A
                                                                  inserted by
          A person to whom an order of the Magistrates'           No. 44/1997
          Court under section 24 is directed must comply          s. 43.

          with the order.
          Penalty: 50 penalty units.
24B Sign to be displayed                                          S. 24B
                                                                  inserted by
                                                                  No. 44/1997
          A second-hand dealer or pawnbroker must cause a         s. 43,
          notice in the form in the Schedule, in legible          amended by
                                                                  No. 93/2001
          letters not less than 15 millimetres in height and of   s. 33.
          a colour that contrasts with the background colour
          of the notice, to be displayed in a prominent place
          in each business premises of the dealer or
          pawnbroker to which the public has access so that
          the notice is clearly visible to the public.
          Penalty: 20 penalty units.
                    _______________




                             45
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                      No. 54 of 1989
                                   Part 5—Enforcement
 s. 25


                             PART 5—ENFORCEMENT

Pt 5 Div. 1                      Division 1—General
(Heading)
inserted by
No. 93/2001
s. 35.

                 25 Police powers generally
S. 25(1)             (1) A member of the police force may, without
substituted by
No. 44/1997              warrant, enter business premises or storage
s. 44.                   premises occupied by or under the control of a
                         second-hand dealer or pawnbroker at any time
                         when the business premises are open and may
                         inspect the premises or any goods at the premises.
                     (2) A member of the police force may require a
                         second-hand dealer or pawnbroker to produce—
                           (a) any goods in the possession or under the
                               control of the second-hand dealer or
                               pawnbroker; or
S. 25(2)(b)               (b) his or her certificate of registration under this
amended by
No. 93/2001                   Act; or
s. 34.


                           (c) any records kept by the second-hand dealer
                               or pawnbroker pursuant to this Act.
S. 25(2A)           (2A) Without limiting subsection (2), if a document
inserted by
No. 82/2008              required to be produced under subsection (2)(c) is
s. 21(1).                or is part of a transaction record kept under
                         section 20 in an electronically readable form, a
                         member of the police force may require the
                         document to be provided in a readily accessible
                         form—
                           (a) electronically; or
                          (b) in a paper form produced from a computer.




                                           46
      Second-Hand Dealers and Pawnbrokers Act 1989
                     No. 54 of 1989
                  Part 5—Enforcement
                                                                s. 26


   (2B) If a person produces a document referred to in        S. 25(2B)
        subsection (2A), the person must also provide the     inserted by
                                                              No. 82/2008
        member of the police force with a prescribed          s. 21(1).
        statement verifying that the document provided is
        a true record of the transaction record at the date
        of the statement.
     (3) A second-hand dealer or pawnbroker must not          S. 25(3)
                                                              amended by
         refuse or fail to comply with such a requirement.    No. 82/2008
                                                              s. 21(2).
         Penalty: 50 penalty units.
     (4) In this section—
         premises includes a stall or storage area at a
             market.
26 Notice to stop dealings in goods suspected of having
   been stolen
     (1) Any member of the police force may serve notice
         under this section on a second-hand dealer or
         pawnbroker if the member reasonably believes
         that goods in the possession or under the control
         of the dealer or pawnbroker may have been stolen.
     (2) A notice—
          (a) must be in the form approved by the
              Minister; and
          (b) must specify the goods suspected of having
              been stolen; and
          (c) prohibits the second-hand dealer or
              pawnbroker altering the form of the goods or
              disposing of them in any way for 21 days
              from service.




                            47
                      Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                                  Part 5—Enforcement
 s. 26A


                     (3) A notice under this section may be reissued once
                         for a further period of 21 days commencing
                         immediately after the first period ends.
                     (4) A second-hand dealer or pawnbroker must comply
                         with a notice served on him or her under this
                         section.
                         Penalty: 20 penalty units.
Pt 5 Div. 2          Division 2—Enforcement—pawnbrokers
(Heading and
ss 26A–26Z)
inserted by
No. 93/2001
s. 36.



S. 26A         26A Definition
inserted by
No. 93/2001
s. 36.
                         In this Division, endorsed pawnbroker includes—
                          (a) a person whose endorsement has been
                              surrendered or cancelled within the last
                              3 years; and
                          (b) a person whose endorsement is suspended.
S. 26B         26B Production of identity card
inserted by
No. 93/2001
s. 36.
                         An inspector must produce his or her identity card
                         for inspection—
                          (a) before exercising a power under this
                              Division other than a requirement made by
                              post; and
                          (b) at any time during the exercise of a power
                              under this Division, if asked to do so.
                         Penalty: 10 penalty units.
S. 26C         26C Documents available for inspection
inserted by
No. 93/2001
s. 36.
                     (1) An endorsed pawnbroker must at all reasonable
                         times at each premises at which that endorsed
                         pawnbroker carries on business as a pawnbroker
                         keep all documents relating to the business carried


                                          48
       Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989
                   Part 5—Enforcement
                                                                  s. 26D


          on at those premises available for inspection by an
          inspector in a form in which they can be readily
          and expeditiously inspected by an inspector.
          Penalty: 50 penalty units.
      (2) If the endorsement of an endorsed pawnbroker has
          been surrendered or cancelled in the last 3 years,
          the endorsed pawnbroker must make all
          documents relating to the former business
          available for inspection by an inspector in a form
          and at a place where they can be readily and
          expeditiously inspected by an inspector.
          Penalty: 50 penalty units.
      (3) If the endorsement of an endorsed pawnbroker has
          been suspended, the endorsed pawnbroker must
          during the period of the suspension, make all
          documents relating to the business of the
          pawnbroker available for inspection by an
          inspector in a form and at a place where they can
          be readily and expeditiously inspected by an
          inspector.
          Penalty: 50 penalty units.
26D Specified persons to produce documents and answer           S. 26D
                                                                inserted by
    questions                                                   No. 93/2001
                                                                s. 36.
      (1) For the purpose of monitoring compliance with
          this Act or the regulations, an inspector may
          require an endorsed pawnbroker or a specified
          person at a time and place specified by the
          inspector—
           (a) to answer, orally or in writing, any questions
               put by the inspector relating to the endorsed
               pawnbroker's business as a pawnbroker; or
           (b) to supply, orally or in writing, information
               required by the inspector relating to that
               business; or



                           49
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                 Part 5—Enforcement
 s. 26E


                         (c) to produce to the inspector specified
                             documents or documents of a specified class
                             relating to that business.
                    (2) In this section—
                       specified person, in relation to the business of an
                            endorsed pawnbroker, means—
                              (a) a person who is a director or officer of
                                  a corporation which is an endorsed
                                  pawnbroker; or
                              (b) if the endorsement of a corporation has
                                  been surrendered, or cancelled within
                                  the last 3 years, a person who was a
                                  director or officer of the corporation at
                                  the time the endorsement was
                                  surrendered or cancelled.
S. 26E        26E Third parties to produce documents and answer
inserted by
No. 93/2001       questions relating to endorsed pawnbroker's
s. 36.            business
                       For the purpose of monitoring compliance with
                       this Act or the regulations, an inspector may
                       require any person who has possession, custody or
                       control of documents relating to an endorsed
                       pawnbroker's business as a pawnbroker—
                         (a) to answer, orally or in writing, any questions
                             put by the inspector relating to the endorsed
                             pawnbroker's business as a pawnbroker;
                         (b) to supply, orally or in writing, information
                             required by the inspector relating to that
                             business;
                         (c) to produce to the inspector specified
                             documents or documents of a specified class
                             relating to that business.




                                           50
        Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
                    Part 5—Enforcement
                                                                  s. 26F


26F Department Heads, police and public authorities to          S. 26F
    produce information to inspectors                           inserted by
                                                                No. 93/2001
      (1) For the purpose of monitoring compliance with         s. 36.

          this Act or the regulations, the Director or an
          inspector may request a specified public body
          within a time specified by the Director or
          inspector—
           (a) to answer, orally or in writing, any questions
               put by the inspector relating to an endorsed
               pawnbroker's business as a pawnbroker;
           (b) to supply, orally or in writing, information
               required by the inspector relating to that
               business.
      (2) An inspector can only make a request under
          subsection (1) with the written consent of the
          Director.
      (3) A specified public body must comply with a
          request under subsection (1).
      (4) In this section specified public body means—
           (a) a Department Head within the meaning of          S. 26F(4)(a)
                                                                amended by
               the Public Administration Act 2004; or           No. 108/2004
                                                                s. 117(1)
                                                                (Sch. 3
                                                                item 180).


           (b) a public statutory authority; or
           (c) a municipal council; or
           (d) the Chief Commissioner of Police.
26G Certain other specified persons or bodies to produce        S. 26G
                                                                inserted by
    information                                                 No. 93/2001
                                                                s. 36.
      (1) For the purpose of monitoring compliance with
          this Act or the regulations, the Director or an
          inspector may require a specified person or body
          within a time specified by the Director or
          inspector—


                            51
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                 Part 5—Enforcement
 s. 26H


                         (a) to answer, orally or in writing, any questions
                             put by the inspector relating to an endorsed
                             pawnbroker's business as a pawnbroker;
                         (b) to supply, orally or in writing, information
                             required by the inspector relating to that
                             business.
                    (2) An inspector can only make a requirement under
                        subsection (1) with the written consent of the
                        Director.
                    (3) In this section specified person or body means—
                         (a) a person who is a publisher of a publication;
                             or
                         (b) a person who is the owner or operator of a
                             broadcasting service; or
                         (c) a person who is the owner or operator of a
                             telecommunications service; or
                         (d) a person who is the owner or operator of a
                             postal service; or
                         (e) a financial institution.
S. 26H        26H Powers on production of documents
inserted by
No. 93/2001
s. 36.
                    (1) If any documents are produced to an inspector
                        under section 26D or 26E, the inspector may—
                         (a) inspect the documents or authorise a person
                             to inspect the documents;
                         (b) make copies of or take extracts from the
                             documents;
                         (c) seize the documents if the inspector
                             considers the documents necessary for the
                             purpose of obtaining evidence for the
                             purpose of any proceedings under this Act or
                             the regulations;




                                          52
       Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989
                   Part 5—Enforcement
                                                                  s. 26I


          (d) seize the documents if the inspector—
                 (i) considers the documents necessary for
                     the purpose of obtaining evidence for
                     the purpose of any proceedings under
                     any Consumer Act; and
                (ii) believes on reasonable grounds, that it
                     is necessary to seize the documents in
                     order to prevent their concealment, loss
                     or destruction or their use in the
                     contravention of any Consumer Act;
          (e) secure any seized documents against
              interference;
           (f) retain possession of the documents in
               accordance with this Division.
     (2) An inspector must not require a person to produce
         a document at a place other than the person's place
         of business or an office of the Director without the
         consent of the person.
26I Order requiring supply of information and answers           S. 26I
                                                                inserted by
    to questions                                                No. 93/2001
                                                                s. 36.
     (1) For the purpose of monitoring compliance with
         this Act or the regulations, an inspector, with the
         written approval of the Director, may apply to the
         Magistrates' Court for an order requiring any
         person at a time and place specified by an
         inspector—
          (a) to answer, orally or in writing, any questions
              put by an inspector relating to an endorsed
              pawnbroker's business as a pawnbroker; or
          (b) to supply, orally or in writing, information
              required by an inspector in relation to an
              endorsed pawnbroker's business as a
              pawnbroker.




                           53
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                 Part 5—Enforcement
 s. 26J


                   (2) If the Magistrates' Court is satisfied on the basis of
                       evidence presented by the Director that the order
                       is necessary for the purpose of monitoring
                       compliance with this Act or the regulations, the
                       Court may grant the order sought.
                   (3) An order under this section must state a day, not
                       later than 28 days after the making of the order, on
                       which the order ceases to have effect.
                   (4) An inspector who executes an order under this
                       section must, as soon as practicable after that
                       execution, notify the Magistrates' Court in writing
                       of the time and place of execution of the order.
S. 26J        26J Entry or search with consent
inserted by
No. 93/2001
s. 36.
                   (1) For the purpose of monitoring compliance with
                       this Act or the regulations in relation to
                       pawnbrokers, an inspector, with the consent of the
                       occupier of the premises, may—
                        (a) enter and search any premises;
                        (b) seize anything found on the premises which
                            the inspector believes on reasonable grounds
                            to be connected with a contravention of this
                            Act or the regulations in relation to
                            pawnbrokers;
                        (c) examine and take and keep samples of any
                            goods found on the premises which the
                            inspector believes on reasonable grounds to
                            be connected with a contravention of this Act
                            or the regulations in relation to pawnbrokers;
                        (d) inspect and make copies of, or take extracts
                            from, any document found on the premises.
                   (2) An inspector must not enter and search any
                       premises with the consent of the occupier unless,
                       before the occupier consents to that entry, the
                       inspector has—



                                         54
 Second-Hand Dealers and Pawnbrokers Act 1989
                No. 54 of 1989
             Part 5—Enforcement
                                                             s. 26J


     (a) produced his or her identity card for
         inspection; and
     (b) informed the occupier—
           (i) of the purpose of the search; and
          (ii) that the occupier may refuse to give
               consent to the entry and search or to the
               seizure of anything found during the
               search; and
         (iii) that the occupier may refuse to consent
               to the taking of any sample of goods or
               any copy or extract from a document
               found on the premises during the
               search; and
          (iv) that anything seized or taken during the
               search with the consent of the occupier
               may be used in evidence in
               proceedings.
(3) If an occupier consents to an entry and search, the    S. 26J(3)
                                                           amended by
    inspector who requested consent must, before           No. 106/2003
    entering the premises, ask the occupier to sign an     s. 28(6).

    acknowledgment stating—
     (a) that the occupier has been informed of the
         purpose of the search and that anything
         seized or taken in the search with the consent
         of the occupier may be used in evidence in
         proceedings; and
     (b) that the occupier has been informed that he       S. 26J(3)(b)
                                                           amended by
         or she may refuse to give consent to the entry    No. 106/2003
         and search or to the seizure of anything or to    s. 28(7).

         the taking of any sample, copy or extract;
         and
     (c) that the occupier has consented to such an
         entry and search; and
     (d) the date and time that the occupier
         consented.


                     55
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                 Part 5—Enforcement
 s. 26K


                    (4) If an occupier consents to the seizure or taking of
                        any thing during a search under this section, the
                        inspector must before seizing or taking the thing
                        ask the occupier to sign an acknowledgment
                        stating—
                         (a) that the occupier has consented to the seizure
                             or taking of the thing; and
                         (b) the date and time that the occupier
                             consented.
                    (5) An occupier who signs an acknowledgment must
                        be given a copy of the signed acknowledgment
                        before the inspector leaves the premises.
                    (6) If, in any proceeding, an acknowledgment is not
                        produced to the court or a tribunal, it must be
                        presumed, until the contrary is proved, that the
                        occupier did not consent to the entry and search or
                        to the seizure or taking of the thing.
S. 26K        26K Entry without consent or warrant
inserted by
No. 93/2001
s. 36.
                    (1) For the purpose of monitoring compliance with
                        this Act or the regulations, an inspector may (with
                        the assistance, if necessary, of another inspector or
                        a member of the police force) do all or any of the
                        following—
                         (a) enter and search any premises at which an
                             endorsed pawnbroker is carrying on business
                             at any time that the premises are open for
                             business or between the hours of 9 a.m. and
                             5 p.m.;
                         (b) seize or secure against interference anything
                             that the Director or inspector believes on
                             reasonable grounds to be connected with a
                             contravention of this Act or the regulations
                             that is found on or in the premises;
                         (c) inspect and make copies of or take extracts
                             from any document kept on the premises.


                                          56
       Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989
                   Part 5—Enforcement
                                                                   s. 26L


     (2) An inspector must not enter or search any
         premises under subsection (1) unless, before that
         entry, the inspector has produced his or her
         identity card for inspection by the occupier of the
         premises.
26L Search warrants                                              S. 26L
                                                                 inserted by
                                                                 No. 93/2001
     (1) An inspector, with the written approval of the          s. 36.
         Director, may apply to a magistrate for the issue
         of a search warrant in relation to particular
         premises for the purpose of monitoring
         compliance with this Act or the regulations in
         relation to pawnbrokers.
     (2) If a magistrate is satisfied by the evidence, on oath
         or by affidavit, of the inspector that the warrant is
         necessary for the purpose of monitoring
         compliance with this Act or the regulations in
         relation to pawnbrokers, the magistrate may issue
         a search warrant, in accordance with the
         Magistrates' Court Act 1989, authorising an
         inspector named in the warrant, together with any
         other person or persons named or otherwise
         identified in the warrant and with any necessary
         equipment—
          (a) to enter the premises specified in the
              warrant, if necessary by force; and
          (b) to do all or any of the following—
                 (i) search for;
                (ii) seize;
               (iii) secure against interference;
               (iv) examine and inspect;
                (v) make copies of or take extracts from—
               a thing or things of a particular kind named
               or described in the warrant and which the
               inspector believes, on reasonable grounds, to


                              57
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                 Part 5—Enforcement
 s. 26M


                             be connected with a contravention of this Act
                             or the regulations in relation to pawnbrokers.
                    (3) A search warrant issued under this section must
                        state—
                         (a) the purpose for which the search is required;
                             and
                         (b) any conditions to which the warrant is
                             subject; and
                         (c) whether entry is authorised to be made at any
                             time of the day or night or during stated
                             hours of the day or night; and
                         (d) a day, not later than 28 days after the issue of
                             the warrant, on which the warrant ceases to
                             have effect.
                    (4) Except as provided by this Act, the rules to be
                        observed with respect to search warrants under the
                        Magistrates' Court Act 1989 extend and apply to
                        warrants under this section.
S. 26M        26M Announcement before entry
inserted by
No. 93/2001
s. 36.
                    (1) On executing a search warrant, the inspector
                        executing the warrant—
                         (a) must announce that he or she is authorised
                             by the warrant to enter the premises; and
                         (b) if the inspector has been unable to obtain
                             unforced entry, must give any person at the
                             premises an opportunity to allow entry to the
                             premises.
                    (2) An inspector need not comply with subsection (1)
                        if he or she believes on reasonable grounds that
                        immediate entry to the premises is required to
                        ensure—




                                         58
        Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
                    Part 5—Enforcement
                                                                   s. 26N


           (a) the safety of any person; or
           (b) that the effective execution of the search
               warrant is not frustrated.
26N Details of warrant to be given to occupier                   S. 26N
                                                                 inserted by
                                                                 No. 93/2001
      (1) If the occupier is present at premises where a         s. 36.
          search warrant is being executed, the inspector
          must—
           (a) identify himself or herself to the occupier;
               and
           (b) give to the occupier a copy of the warrant.
      (2) If the occupier is not present at premises where a
          search warrant is being executed, the inspector
          must—
           (a) identify himself or herself to a person (if
               any) at the premises; and
           (b) give to the person a copy of the warrant.
26O Seizure of things not mentioned in the warrant               S. 26O
                                                                 inserted by
                                                                 No. 93/2001
          A search warrant under section 26L authorises an       s. 36.
          inspector executing the search warrant, in addition
          to the seizure of any thing of the kind described in
          the warrant, to seize or take a sample of any thing
          which is not of the kind described in the warrant
          if—
           (a) the inspector believes, on reasonable
               grounds, that the thing—
                  (i) is of a kind which could have been
                      included in a search warrant issued
                      under this Division; or
                 (ii) will afford evidence about the
                      contravention of any Consumer Act;
                      and




                            59
                    Second-Hand Dealers and Pawnbrokers Act 1989
                                   No. 54 of 1989
                                Part 5—Enforcement
 s. 26P


                        (b) in the case of seizure, the inspector believes,
                            on reasonable grounds, that it is necessary to
                            seize that thing in order to prevent its
                            concealment, loss or destruction or its use in
                            the contravention of this Act or any other
                            Consumer Act.
S. 26P        26P Embargo notice
inserted by
No. 93/2001
s. 36.
                   (1) An inspector executing a search warrant who is
                       authorised by that warrant to seize any thing may,
                       if the thing cannot, or cannot readily, be
                       physically seized and removed, issue an embargo
                       notice in the prescribed form—
                        (a) by causing a copy of the notice to be served
                            on the occupier; or
                        (b) if the occupier cannot be located after all
                            reasonable steps have been taken to do so, by
                            affixing a copy of the notice to the thing in a
                            prominent position.
                   (2) A person who knows that an embargo notice
                       relates to a thing and who—
                        (a) sells; or
                        (b) leases; or
                        (c) without the written consent of the inspector
                            who issued the embargo notice, moves; or
                        (d) transfers; or
                        (e) otherwise deals with—
                       the thing or any part of the thing is guilty of an
                       offence and liable to a penalty not exceeding
                       50 penalty units.
S. 26P(3)          (3) It is a defence to a prosecution for an offence
amended by
No. 68/2009            against subsection (2) to prove that the accused
s. 97(Sch.             moved the thing or the part of the thing for the
item 108).
                       purpose of protecting and preserving it.



                                         60
        Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
                    Part 5—Enforcement
                                                                   s. 26Q


      (4) Despite anything in any other Act, a sale, lease,
          transfer or other dealing with a thing in
          contravention of this section is void.
26Q Copies of seized documents                                   S. 26Q
                                                                 inserted by
                                                                 No. 93/2001
      (1) If an inspector retains possession of a document       s. 36.
          taken or seized from a person under this Division,
          the inspector must give the person, within 21 days
          of the seizure, a copy of the document certified as
          correct by the inspector.
      (2) A copy of a document certified under subsection
          (1) shall be received in all courts and tribunals to
          be evidence of equal validity to the original.
26R Retention and return of seized documents or things           S. 26R
                                                                 inserted by
                                                                 No. 93/2001
      (1) If an inspector seizes a document or other thing       s. 36.
          under this Division, the inspector must take
          reasonable steps to return the document or thing to
          the person from whom it was seized if the reason
          for its seizure no longer exists.
      (2) If the document or thing seized has not been
          returned within 3 months after it was seized, the
          inspector must take reasonable steps to return it
          unless—
           (a) proceedings for the purpose for which the
               document or thing was retained have
               commenced within that 3 month period and
               those proceedings (including any appeal)
               have not been completed; or
           (b) the Magistrates' Court makes an order under
               section 26S extending the period during
               which the document or thing may be
               retained.




                            61
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                    No. 54 of 1989
                                 Part 5—Enforcement
 s. 26S


S. 26S        26S Magistrates' Court may extend 3 month period
inserted by
No. 93/2001         (1) An inspector may apply to the Magistrates'
s. 36.                  Court—
                         (a) within 3 months after seizing a document or
                             other thing under this Division; or
                         (b) if an extension has been granted under this
                             section, before the end of the period of the
                             extension—
                        for an extension not exceeding 3 months of the
                        period for which the inspector may retain the
                        document or thing but so that the total period of
                        retention does not exceed 12 months.
                    (2) The Magistrates' Court may order such an
                        extension if it is satisfied that the total period of
                        retention does not exceed 12 months and retention
                        of the document or other thing is necessary—
                         (a) for the purposes of an investigation into
                             whether a contravention of this Act or the
                             regulations has occurred; or
                         (b) to enable evidence of a contravention of this
                             Act or the regulations to be obtained for the
                             purposes of a proceeding under this Act.
                    (3) The Magistrates' Court may adjourn an
                        application to enable notice of the application to
                        be given to any person.
S. 26T        26T Requirement to assist inspector during entry
inserted by
No. 93/2001
s. 36.
                        To the extent that it is reasonably necessary to
                        determine compliance with this Act or the
                        regulations, an inspector exercising a power of
                        entry under this Division who produces his or her
                        identity card for inspection by the occupier of the
                        premises or an agent or employee of the occupier
                        may require that person—




                                          62
        Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
                    Part 5—Enforcement
                                                                    s. 26U


            (a) to give information to the inspector, orally or
                in writing; and
            (b) to produce documents to the inspector; and
            (c) to give reasonable assistance to the inspector.
26U Refusal or failure to comply with requirement                 S. 26U
                                                                  inserted by
                                                                  No. 93/2001
           A person must not refuse or fail, without              s. 36.
           reasonable excuse, to comply with a requirement
           of an inspector under this Division.
           Penalty: 50 penalty units.
26V Rule against self-incrimination does not apply                S. 26V
                                                                  inserted by
                                                                  No. 93/2001
       (1) A person is not excused from answering a               s. 36.
           question or producing a document under this
           Division on the ground that the answer or
           document might tend to incriminate the person.
       (2) If the person claims, before answering a question,
           that the answer might tend to incriminate them,
           the answer is not admissible in evidence in any
           criminal proceedings, other than in proceedings in
           respect of the falsity of the answer.
26W Offence to give false or misleading information               S. 26W
                                                                  inserted by
                                                                  No. 93/2001
           A person must not—                                     s. 36.
            (a) give information to an inspector under this
                Division that the person believes to be false
                or misleading in any material particular; or
            (b) produce a document to an inspector under
                this Division that the person knows to be
                false or misleading in a material particular
                without indicating the respect in which it is
                false or misleading and, if practicable,
                providing correct information.
           Penalty: 50 penalty units.




                            63
                        Second-Hand Dealers and Pawnbrokers Act 1989
                                       No. 54 of 1989
                                    Part 5—Enforcement
 s. 26WA


S. 26WA       26WA Powers of court if requirement to produce
inserted by        information not complied with
No. 2/2008
s. 60(Sch.            (1) If the Director is satisfied that a person has,
item 13.1).
                          without reasonable excuse, failed to comply with
                          a requirement under section 26G, the Director
                          may certify that failure to a court.
                      (2) Subject to subsection (3), if an inspector is
                          satisfied that a person has, without reasonable
                          excuse, failed to comply with a requirement of the
                          inspector under section 26D, 26E, 26G or 26T, the
                          inspector may certify that failure to a court.
                      (3) The inspector cannot certify a failure to a court
                          under subsection (2) if the person to whom the
                          failure relates has been charged with an offence
                          against section 26U.
                      (4) If the Director or an inspector so certifies under
                          subsection (1) or (2), the court may inquire into
                          the case and may order the person to comply with
                          the requirement within the period specified by the
                          court.
                      (5) If a proceeding is brought under this section in
                          relation to a failure to comply with a requirement,
                          a person to whom the failure relates cannot be
                          charged with an offence against section 26U in
                          respect of that failure.
S. 26X          26X Application of provisions relating to inspections
inserted by
No. 93/2001
s. 36,
                          Sections 116, 120, 121A, 133, 135, 136, 137, 138
amended by                and 139 of the Fair Trading Act 1999 apply
No. 79/2006
s. 83.
                          (with any necessary modifications) in relation to
                          the exercise or attempted exercise of a power of
                          an inspector under this Division as if any
                          reference in those sections to Part 10 of that Act
                          were a reference to this Division.




                                            64
       Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989
                   Part 5—Enforcement
                                                                    s. 26Y


26Y Service of documents                                          S. 26Y
                                                                  inserted by
      (1) A written requirement by an inspector under this        No. 93/2001
          Division may be given personally or by registered       s. 36.

          post to a person—
           (a) at the last known place of business,
               employment or residence of the person; or
           (b) in the case of a body corporate, at the
               registered office of the body corporate.
      (2) A person who provides a document or information
          in response to a requirement of an inspector under
          this Division may send that document or
          information to the Director by registered post.
26Z Confidentiality                                               S. 26Z
                                                                  inserted by
                                                                  No. 93/2001
      (1) An inspector must not, except to the extent             s. 36.
          necessary to carry out the inspector's functions
          under this Division, give to any other person,
          whether directly or indirectly, any information
          acquired by the inspector in carrying out those
          functions.
          Penalty: 50 penalty units.
      (2) Subsection (1) does not apply to the giving of
          information—
           (a) to a court or tribunal in the course of legal
               proceedings; or
           (b) pursuant to an order of a court or tribunal; or
           (c) to the extent reasonably required to enable
               the investigation or the enforcement of a law
               of this State or of any other State or Territory
               or of the Commonwealth; or
           (d) to the Business Licensing Authority
               established under the Business Licensing
               Authority Act 1998; or




                           65
                            Second-Hand Dealers and Pawnbrokers Act 1989
                                           No. 54 of 1989
                                        Part 5—Enforcement
 s. 26ZA


                               (e) with the written authority of the Director; or
                                (f) with the written authority of the person to
                                    whom the information relates.
Pt 5 Div. 3                    Division 3—Infringement notices
(Heading and
ss 26ZA–
26ZF)
inserted by
No. 93/2001
s. 37.

S. 26ZA            26ZA Definition
inserted by
No. 93/2001
s. 37.
                              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            26ZB Power to serve a notice
inserted by
No. 93/2001
s. 37,
                          (1) An authorised officer may serve an infringement
amended by                    notice on any person that he or she has reason to
No. 32/2006
s. 94(Sch.
                              believe has committed an offence against
item 44(1))                   section 20, 21(1), 21A, 23(2), 23(3), 23A(3)
(ILA s. 39B(1)).
                              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)                (2) An offence referred to in subsection (1) for which
inserted by
No. 32/2006                   an infringement notice may be served is an
s. 94(Sch.                    infringement offence within the meaning of the
item 44(1)).
                              Infringements Act 2006.
S. 26ZC            26ZC Form of notice
inserted by
No. 93/2001
s. 37,
                              For the purposes of section 26ZB, an infringement
substituted by                notice must be in the form required by the
No. 32/2006
s. 94(Sch.
                              Infringements Act 2006 and may contain any
item 44(2)).                  additional information approved by the Director.



                                                66
        Second-Hand Dealers and Pawnbrokers Act 1989
                       No. 54 of 1989
                    Part 5—Enforcement
                                                                  s. 26ZF


          *           *           *            *         *      Ss 26ZD,
                                                                26ZE
                                                                inserted by
                                                                No. 93/2001
                                                                s. 37,
                                                                repealed by
                                                                No. 32/2006
                                                                s. 94(Sch.
                                                                item 44(3)).

26ZF Further proceedings concerning infringement                S. 26ZF
                                                                inserted by
     notices                                                    No. 93/2001
                                                                s. 37.


          *           *           *            *         *      S. 26ZF(1)–(4)
                                                                repealed by
                                                                No. 32/2006
                                                                s. 94(Sch.
                                                                item 44(4)(a)).


       (5) Nothing in Division 5 of Part 2 of the               S. 26ZF(5)
                                                                amended by
           Infringements Act 2006 prevents the Tribunal         No. 32/2006
           from conducting an inquiry under section 18A and     s. 94(Sch.
                                                                item 44(4)(b)).
           taking disciplinary action under section 18B
           against a person for any act or omission for which
           an infringement notice was issued.
                    _______________




                            67
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                                     Part 6—General
 s. 27


                                  PART 6—GENERAL
                 27 Service
S. 27(1)             (1) Subject to this section and sections 24 and 26Y, a
amended by
No. 93/2001              notice or other document authorised or required
s. 38.                   by this Act to be served on a person shall be
                         deemed to have been duly served on the person—
                            (a) if it is delivered to him or her personally; or
                            (b) if it is left at his or her last known residence
                                or business premises with a person
                                apparently over 16 years of age and
                                apparently residing or employed there; or
                            (c) if it is sent to him or her by post.
S. 27(2)             (2) Subsection (1) is in addition to and does not
amended by
Nos 44/1997              derogate from the provisions of the Corporations
s. 45, 44/2001           Act with respect to service.
s. 3(Sch.
item 101.2).

S. 27(3)                *             *             *            *              *
repealed by
No. 44/1997
s. 50(1).



                     (4) A notice or other document authorised or required
                         by this Act to be served on a member of the police
                         force shall be deemed to have been duly served on
                         the member—
                            (a) if it is delivered to him or her personally; or
                            (b) if it is left with another member of the police
                                force at the police station of which the
                                member is for the time being in charge or at
                                which he or she is for the time being
                                stationed; or
                            (c) if it is sent by post to that police station.




                                             68
       Second-Hand Dealers and Pawnbrokers Act 1989
                     No. 54 of 1989
                     Part 6—General
                                                                  s. 28


 28 Delegation by Director                                      S. 28
                                                                substituted by
          The Director may, by instrument, delegate to—         No. 44/1997
                                                                s. 46,
           (a) any person engaged or appointed under            amended by
                                                                No. 46/1998
               section 7(2) or 15 of the Business Licensing     s. 7(Sch. 1),
               Authority Act 1998; or                           substituted by
                                                                No. 52/1998
                                                                s. 262.

           (b) any person or class of person employed           S. 28(b)
                                                                substituted by
               under Part 3 of the Public Administration        No. 35/2000
               Act 2004 in the administration of this Act—      s. 51,
                                                                amended by
                                                                No. 108/2004
                                                                s. 117(1)
                                                                (Sch. 3
                                                                item 180).



          any function or power of the Director under this
          Act other than this power of delegation.
28A Production of information to Authority                      S. 28A
                                                                inserted by
                                                                No. 93/2001
      (1) The Authority may require a registered second-        s. 39.
          hand dealer or an endorsed pawnbroker to answer
          any question or provide information relating to the
          business of the registered second-hand dealer or
          endorsed pawnbroker that the Authority
          reasonably requires to carry out its functions in
          relation to that registered second-hand dealer or
          endorsed pawnbroker.
      (2) A person must not refuse or fail, without
          reasonable excuse, to comply with a requirement
          made by the Authority under this section.
          Penalty: 50 penalty units.
      (3) In this section—
          endorsed pawnbroker includes a person whose
              endorsement is suspended;
          registered second-hand dealer includes a person
               whose registration is suspended.



                             69
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                                     Part 6—General
 s. 28B


S. 28B         28B Rule against self-incrimination does not apply
inserted by
No. 93/2001          (1) A person is not excused from answering a
s. 39.                   question or providing information under
                         section 28A on the ground that the answer or the
                         information might tend to incriminate the person.
                     (2) If the person claims, before answering a question,
                         that the answer might tend to incriminate the
                         person, the answer is not admissible in evidence in
                         any criminal proceedings, other than in
                         proceedings in respect of the falsity of the answer.
S. 28C         28C Verification of details supplied to the Authority
inserted by
No. 93/2001
s. 39.
                         The Authority may specify how any information
                         supplied to it under this Act is to be verified, and
                         without limiting the scope of this power, may
                         require that the information be supplied in the
                         form of, or be verified by, a statutory declaration.
S. 28D         28D Extended time for prosecutions
inserted by
No. 93/2001
s. 39.
                         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         28E Who may bring proceedings for offences?
inserted by
No. 103/2004
s. 72.
                     (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.



                                           70
      Second-Hand Dealers and Pawnbrokers Act 1989
                    No. 54 of 1989
                    Part 6—General
                                                                   s. 29


    (3) Subsection (1) does not apply to proceedings for
        an indictable offence.
29 Evidentiary provisions
        In proceedings under this Act—
           (a) goods shall be deemed to be in the
               possession or under the control of a second-
               hand 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—
                (i) a certificate issued by the Registrar        S. 29(b)(i)
                                                                 substituted by
                    stating that at a particular time a person   No. 44/1997
                    was or was not registered or endorsed        s. 47,
                                                                 amended by
                    under this Act is proof of that fact; and    Nos 52/1998
                                                                 s. 263, 93/2001
                                                                 s. 40.

                (ii) proof is not required that such a           S. 29(b)(ii)
                                                                 substituted by
                     certificate purporting to be issued by      No. 44/1997
                     the Registrar was so issued.                s. 47,
                                                                 amended by
                                                                 No. 52/1998
                                                                 s. 263.

       *            *            *           *            *      S. 29(b)(iii)
                                                                 repealed by
                                                                 No. 44/1997
                                                                 s. 47.

30 Application of Fair Trading Act 1999                          S. 30
                                                                 amended by
                                                                 No. 44/1997
                                                                 s. 48,
                                                                 substituted by
                                                                 No. 103/2004
                                                                 s. 73.

    (1) Sections 143 and 144 and Division 2 of Part 11           S. 30(1)
                                                                 amended by
        (except sections 152A and 155) of the Fair               Nos 17/2007
        Trading Act 1999 extend and apply (with any              s. 36(Sch.
                                                                 item 14.1),
        necessary modifications) to this Act as if any           2/2008
        reference in those provisions to the Fair Trading        s. 60(Sch.
                                                                 item 13.2).
        Act 1999 were a reference to this Act.


                           71
                       Second-Hand Dealers and Pawnbrokers Act 1989
                                     No. 54 of 1989
                                     Part 6—General
 s. 31


S. 30(1A)           (1A) For the purposes of subsection (1), section 153 of
inserted by              the Fair Trading Act 1999 applies as if a
No. 17/2007
s. 36(Sch.               reference in that section to Part 2A or 6 of the
item 14.2),              Fair Trading Act 1999 were a reference to this
amended by
No. 72/2010              Act.
s. 48(Sch.
item 22).

                     (2) For the purposes of subsection (1), section 154 of
                         the Fair Trading Act 1999 applies as if a
                         reference to prescribed proceedings were a
                         reference to—
                           (a) proceedings for an offence against a
                               provision of this Act (except Divisions 1
                               and 2 of Part 5 and section 28A(2)); or
S. 30(2)(b)                (b) proceedings on an application for an
amended by
No. 17/2007                    injunction under section 149, 149A, 150,
s. 36(Sch.                     151A or 151B of the Fair Trading Act 1999
item 14.3).
                               (as applied by subsection (1)) against a
                               person alleged to have contravened a
                               provision of this Act (except Divisions 1 and
                               2 of Part 5 and section 28A(2)); or
                           (c) proceedings on an application for an order
                               under section 158, or for damages under
                               section 159, of the Fair Trading Act 1999
                               (as applied by subsection (1)).
                 31 Regulations
                     (1) The Governor in Council may make regulations
                         for or with respect to—
S. 31(1)(a)                (a) prescribing categories of documents as to
substituted by
No. 44/1997                    identity; and
s. 49(a).


S. 31(1)(ab)             (ab) prescribing particulars to be recorded in the
inserted by
No. 44/1997                   register; and
s. 49(a).




                                           72
 Second-Hand Dealers and Pawnbrokers Act 1989
               No. 54 of 1989
               Part 6—General
                                                            s. 31


    (b) carrying on business as a second-hand dealer
        or as a pawnbroker; and
    (c) prescribing forms; and
    (d) fees; and                                         S. 31(1)(d)
                                                          substituted by
                                                          No. 44/1997
                                                          s. 49(b).



   (da) prescribing costs, or a class of costs, that      S. 31(1)(da)
                                                          inserted by
        may not be included in the reasonable costs       No. 93/2001
        of sale of pawned goods; and                      s. 41(1).

   (db) prescribing, for the purposes of Division 3 of    S. 31(1)(db)
                                                          inserted by
        Part 5—                                           No. 93/2001
                                                          s. 41(1).
           (i) offences under this Act or the
               regulations in respect of which an
               infringement notice may be issued; and
          (ii) the penalties that apply if offences are
               dealt with by an infringement notice;
               and
    (e) exempting persons or goods from the               S. 31(1)(e)
                                                          amended by
        application of the whole or any provision of      No. 44/1997
        this Act or the regulations, subject to           s. 49(c).

        conditions or unconditionally; and
     (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



                     73
                     Second-Hand Dealers and Pawnbrokers Act 1989
                                   No. 54 of 1989
                                   Part 6—General
 s. 31


                           (d) impose penalties not exceeding 20 penalty
                               units for a contravention of the regulations.
S. 31(2A)         (2A) Regulations made under subsection (1)(db)(ii)
inserted by
No. 93/2001            must not specify a penalty in respect of an offence
s. 41(2).              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)           (3) Regulations made under this Act may be
amended by
No. 78/2010            disallowed, in whole or in part, by resolution of
s. 24(Sch.             either House of Parliament.
item 26.1).


S. 31(4)               *             *           *           *           *
repealed by
No. 78/2010
s. 24(Sch.
item 26.2).

S. 32                  *             *           *           *           *
repealed by
No. 44/1997
s. 50(2).



                                 __________________

Pt 7 (Heading          *             *           *           *           *
and ss 33–36)
amended by
Nos 34/1990
s. 7(7),
44/1997 s. 51,
52/1998 s. 264,
93/2001 s. 42,
repealed by
No. 1/2010
s. 100.




                                           74
        Second-Hand Dealers and Pawnbrokers Act 1989
                      No. 54 of 1989

                                                                       Sch.


                      SCHEDULE                                       Sch.
                                                                     inserted by
                                                       Section 24B   No. 44/1997
                                                                     s. 52.
ANY PERSON WHO BELIEVES THAT GOODS STOLEN
FROM THEM ARE AVAILABLE FOR SALE ON THESE
PREMISES IS NOT OBLIGED TO BUY THEM BUT MAY—
 (a) REQUEST THE POLICE TO SERVE A NOTICE
     PROHIBITING THE ALTERATION OR DISPOSAL OF
     THE GOODS FOR 21 DAYS; AND
 (b) SEEK AN ORDER FROM THE MAGISTRATES'
     COURT FOR DELIVERY OF THE GOODS.
SEE SECTIONS 24 AND 26 OF THE SECOND-HAND
DEALERS AND PAWNBROKERS ACT 1989.
                  ═══════════════




                            75
                           Second-Hand Dealers and Pawnbrokers Act 1989
                                         No. 54 of 1989

Endnotes



                                             ENDNOTES

           1. General Information
             Minister's second reading speech—
             Legislative Assembly: 20 April 1989
             Legislative Council: 24 May 1989
             The long title for the Bill for this Act was "A Bill to provide for the licensing
             and regulation of second-hand dealers and pawnbrokers and to facilitate and
             expedite the recovery of stolen goods from second-hand dealers and
             pawnbrokers; to repeal the Second-hand Dealers Act 1958, the
             Pawnbrokers Act 1958 and the Marine Stores and Old Metals Act 1958;
             to amend the Goods Act 1958; to make other consequential amendments and
             repeals; and for other purposes.".
             The Second-Hand Dealers and Pawnbrokers Act 1989 was assented to on
             14 June 1989 and came into operation as follows:
             Section 35(6)(7) on 1 September 1990: section 2(2); rest of Act on
             10 September 1990: Government Gazette 5 September 1990 page 2680.




                                                    76
                  Second-Hand Dealers and Pawnbrokers Act 1989
                                No. 54 of 1989

                                                                                              Endnotes


2. Table of Amendments
  This Version incorporates amendments made to the Second-Hand Dealers
  and Pawnbrokers Act 1989 by Acts and subordinate instruments.
  –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
  Courts (Children's and Magistrates') Act 1990, No. 34/1990
      Assent Date:             13.6.90
      Commencement Date:       Ss 3–6, 7(1) on 1.9.90: Government Gazette 25.7.90
                               p. 2216; s. 7(2) on 16.5.89: s. 2(b); s. 7(4)(5) on
                               6.6.89: s. 2(c); s. 7(6)(7) on 14.6.89: s. 2(d); rest of Act
                               on 13.6.90: s. 2(e)
      Current State:           All of Act in operation
  Consumer Credit (Victoria) Act 1995, No. 41/1995
      Assent Date:             14.6.95
      Commencement Date:       S. 62(Sch. 1 item 6) on 1.11.96: Government Gazette
                               29.8.96 p. 2274
      Current State:           This information relates only to the provision/s
                               amending the Second-Hand Dealers and
                               Pawnbrokers Act 1989
  Firearms Act 1996, No. 66/1996
       Assent Date:             17.12.96
       Commencement Date:       S. 206 on 29.4.97: Government Gazette 24.4.97 p. 921
       Current State:           This information relates only to the provision/s
                                amending the Second-Hand Dealers and
                                Pawnbrokers Act 1989
  Motor Car Traders (Amendment) Act 1996, No. 74/1996
      Assent Date:          17.12.96
      Commencement Date:    S. 54 on 1.3.97: Government Gazette 20.2.97 p. 374
      Current State:        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)
      Current State:           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)
       Current State:           This information relates only to the provision/s
                                amending the Second-hand Dealers and
                                Pawnbrokers Act 1989




                                             77
                          Second-Hand Dealers and Pawnbrokers Act 1989
                                        No. 54 of 1989

Endnotes

           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
                Current State:          This information relates only to the provision/s
                                        amending the Second-hand Dealers and
                                        Pawnbrokers Act 1989
           Fundraising Appeals Act 1998, No. 78/1998
               Assent Date:             10.11.98
               Commencement Date:       S. 73(2) on 1.7.99: s. 2(3)
               Current State:           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
                Current State:         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
                Current State:          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:             6.6.00
                Commencement Date:       S. 51 on 19.6.00: Government Gazette 15.6.00 p. 1248
                Current State:           This information relates only to the provision/s
                                         amending the Second-hand Dealers and
                                         Pawnbrokers Act 1989
           Statute Law Amendment (Relationships) Act 2001, No. 27/2001
                Assent Date:          12.6.01
                Commencement Date:    S. 8(Sch. 6 item 7) on 28.6.01: Government Gazette
                                      28.6.01 p. 1428
                Current State:        This information relates only to the provision/s
                                      amending the Second-hand Dealers and
                                      Pawnbrokers Act 1989
           Corporations (Consequential Amendments) Act 2001, No. 44/2001
               Assent Date:             27.6.01
               Commencement Date:       S. 3(Sch. item 101) on 15.7.01: s. 2
               Current State:           This information relates only to the provision/s
                                        amending the Second-hand Dealers and
                                        Pawnbrokers Act 1989




                                                    78
               Second-Hand Dealers and Pawnbrokers Act 1989
                             No. 54 of 1989

                                                                                    Endnotes

Auction Sales (Repeal) Act 2001, No. 84/2001
     Assent Date:             11.12.01
     Commencement Date:       S. 12 on 1.1.03: s. 2(4)
     Current State:           This information relates only to the provision/s
                              amending the Second-Hand Dealers and
                              Pawnbrokers Act 1989
Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001, No. 93/2001
    Assent Date:           11.12.01
    Commencement Date:     Ss 4–30(2), 32–35, 39–42 on 8.4.02: Government
                           Gazette 28.3.02 p. 552; ss 30(3), 31, 36–38 on 1.9.02:
                           Government Gazette 18.7.02 p. 1658
    Current State:         This information relates only to the provision/s
                           amending the Second-Hand Dealers and
                           Pawnbrokers Act 1989
Fair Trading (Further Amendment) Act 2003, No. 106/2003
     Assent Date:          9.12.03
     Commencement Date:    S. 28 on 10.12.03: s. 2(1)
     Current State:        This information relates only to the provision/s
                           amending the Second-Hand Dealers and
                           Pawnbrokers Act 1989
Monetary Units Act 2004, No. 10/2004
   Assent Date:              11.5.04
   Commencement Date:        S. 15(Sch. 1 item 26) on 1.7.04: s. 2(2)
   Current State:            This information relates only to the provision/s
                             amending the Second-Hand Dealers and
                             Pawnbrokers Act 1989
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
     Assent Date:          21.12.04
     Commencement Date:    Ss 72, 73 on 22.12.04: s. 2(1)
     Current State:        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
     Current State:          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
     Current State:          This information relates only to the provision/s
                             amending the Second-Hand Dealers and
                             Pawnbrokers Act 1989




                                         79
                           Second-Hand Dealers and Pawnbrokers Act 1989
                                         No. 54 of 1989

Endnotes

           Justice Legislation (Further Amendment) Act 2006, No. 79/2006
                Assent Date:             10.10.06
                Commencement Date:       S. 83 on 11.10.06: s. 2(1)
                Current State:           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)
                Current State:        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)
                Current State:        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)
               Current State:       This information relates only to the provision/s
                                    amending the Second-Hand Dealers and
                                    Pawnbrokers Act 1989
           Relationships Act 2008, No. 12/2008
                Assent Date:              15.4.08
                Commencement Date:        S. 73(1)(Sch. 1 item 55) on 1.12.08: s. 2(2)
                Current State:            This information relates only to the provision/s
                                          amending the Second-Hand Dealers and
                                          Pawnbrokers Act 1989
           Prostitution Control and Other Matters Amendment Act 2008, No. 82/2008
                Assent Date:             11.12.08
                Commencement Date:       Ss 20, 21 on 12.12.08: s. 2(1)
                Current State:           This information relates only to the provision/s
                                         amending the Second-Hand Dealers and
                                         Pawnbrokers Act 1989
           Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009
               Assent Date:            10.2.09
               Commencement Date:      S. 24 on 11.2.09: s. 2(1)
               Current State:          This information relates only to the provision/s
                                       amending the Second-Hand Dealers and
                                       Pawnbrokers Act 1989




                                                     80
               Second-Hand Dealers and Pawnbrokers Act 1989
                             No. 54 of 1989

                                                                                    Endnotes

Criminal Procedure Amendment (Consequential and Transitional Provisions)
Act 2009, No. 68/2009
     Assent Date:         24.11.09
     Commencement Date:   S. 97(Sch. item 108) on 1.1.10: Government Gazette
                          10.12.09 p. 3215
     Current State:       This information relates only to the provision/s
                          amending the Second-Hand Dealers and
                          Pawnbrokers Act 1989
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010
    Assent Date:             9.2.10
    Commencement Date:       S. 100 on 1.8.10: Government Gazette 22.7.10 p. 1628
    Current State:           This information relates only to the provision/s
                             amending the Second-Hand Dealers and
                             Pawnbrokers Act 1989
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
     Assent Date:          19.10.10
     Commencement Date:    S. 48(Sch. item 22) on 1.1.11: Special Gazette
                           (No. 502) 20.12.10 p. 1
     Current State:        This information relates only to the provision/s
                           amending the Second-Hand Dealers and
                           Pawnbrokers Act 1989
Subordinate Legislation Amendment Act 2010, No. 78/2010
    Assent Date:            19.10.10
    Commencement Date:      S. 24(Sch. item 26) on 1.1.11: s. 2(1)
    Current State:          This information relates only to the provision/s
                            amending the Second-Hand Dealers and
                            Pawnbrokers Act 1989
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––




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                           Second-Hand Dealers and Pawnbrokers Act 1989
                                         No. 54 of 1989

Endnotes


           3. Explanatory Details
             No entries at date of publication.




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              Second-Hand Dealers and Pawnbrokers Act 1989
                            No. 54 of 1989




                                  INDEX
Subject                                                 Section
Act
   application                                          4
   commencement                                         2
   purposes                                             1
Authorised officers                                     26ZA, 26ZB
See also Registration; Registration–Endorsement
Authority See Business Licensing Authority
Business Licensing Authority
   powers as to permissions to carry on businesses      10A, 10B, 18
   production of information to                         28A–28C
   Registrar                                            13, 14
   review of decisions of                               9B
See also Registration; Registration–Endorsement
Chief Commissioner of Police                            8, 18A, 18B, 26F
Compensation                                            18B
Court orders                                            24, 26I, 26WA
Definitions                                             3, 23, 23A, 25,
                                                        26A, 26D, 26F,
                                                        26G, 26ZA, 28A
Director of Consumer and Business Affairs
   definition                                           3
   delegation of powers by                              28
   powers and duties regarding
         answers to questions, supply of information    26F, 26G, 26WA
         bringing of proceedings                        28E
         inquiries into applications for registration   8
         inquiries into pawnbrokers                     18A
Disputes                                                24
Endorsement See Registration–Endorsement
Entry powers See Search and entry powers
Evidentiary provisions                                  29
Fair Trading Act 1999
   application                                          30
Infringement notices and penalties                      26ZB–26ZC, 26ZF
Inquiries                                               8, 8A, 18A
Inspectors
   application of Fair Trading Act 1999                 26X
   definition                                           3
   giving false or misleading information to            26W
   identity cards                                       26B
   non-compliance with requirements of                  26U
   powers and duties regarding
         production of documents, information           26C–26I, 26WA
         confidentiality                                26Z
         embargo notices                                26P
         infringement notices and penalties             26ZA, 26ZB
         search and entry                               26J–26K
         search warrants                                26L–26O
         seizure                                        26H, 26J–26L,
                                                        26O–26S
   requirement to assist                                26T, 26U


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             Second-Hand Dealers and Pawnbrokers Act 1989
                           No. 54 of 1989




Subject                                                 Section
Magistrates' Court
   determination of disputes by                         24
   extension of time limits for items seized            26S
   issue of search warrants                             26L
   orders as to supply of information, answers to
   questions                                            26I, 26WA
Offences
   convictions, guilty findings for disqualifying
   offences                                             3, 6, 10, 10A
   infringement notices and penalties                   26ZB–26ZC, 26ZF
   proceedings                                          28D–28E
   regarding
         certificates of registration                   11B, 11C, 17, 18D
         confidentiality                                26Z
         contracts for pawning goods                    23
         documents regarding pawnbroker businesses      26C
         embargo notices                                26P
         evidence of identity                           19
         failure to produce certificates for notation   8C
         failure to produce information to Authority    28A
         false or misleading information                16, 26W
         non-compliance with conditions for
         registration, endorsement                      8B, 10B
         non-compliance with court orders               24A
         non-compliance with inspectors                 26U
         non-compliance with notices                    26
         non-compliance with police                     25
         notices, signs to be displayed                 23, 24B
         permissions to carry on businesses             18
         production of identity cards by inspectors     26B
         receiving goods from under-age persons         23
         receiving motor cars for goods                 23
         recording storage location of goods            21A
         records of transactions                        20
         registration, endorsement                      7, 7A, 12, 16
         unredeemed goods that are sold                 23A
         unregistered dealers, pawnbrokers              5
Pawnbrokers
   death, disability of registered persons              18
   definition of pawnbroker, endorsed pawnbroker        3, 26A, 28A
   disciplinary measures against                        18A–18B
   register                                             13, 14
See also Registration; Registration–Endorsement
Pawnbrokers–Businesses
   addresses                                            12A
   cessation                                            11B, 12
   display of current certificate of registration       17
   display of notices, signs                            23, 24B, Sch.
   documents relating to                                26C–26E




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              Second-Hand Dealers and Pawnbrokers Act 1989
                            No. 54 of 1989




Subject                                                  Section
   goods pawned
         contracts for                                   3, 23
         deemed to be received in pawn                   3
         disputes regarding possession                   24
         identification of persons selling, pawning      19
         motor cars not to be received as                23
         received from under-age persons                 23
         recording storage location                      21A
         retention for seven days                        21
         stolen goods                                    22, 24B, 26, Sch.
         unredeemed goods that are sold                  23A
   permissions to carry on                               18
   police powers                                         25–26
   provision of information relating to
         Authority's power to require                    28A–28C
         Court orders                                    26I
         Director's power to require                     26F, 26G
         inspectors' power to require                    26D–26I
         self-incrimination rule not to apply            26V, 28B
   records of transactions                               20
   requirement to be registered and endorsed             5
   specified person (def.)                               26D
See also Registration; Registration–Endorsement
Police
   general powers                                        25
   power to bring proceedings                            28E
   power to issue infringement notices                   26ZA, 26ZB
   power to issue notices as to suspected stolen goods   26
Proceedings                                              28D–28E
Register                                                 13, 14
Registration
   annual fees and statements                            11, 11A
   applications, consideration of applications for       7, 8A
   cancellation                                          10, 11A, 11B, 18B,
                                                         18D
   certificates
         display of current                              17
         notation of conditions on                       8C
         to be returned                                  11B, 11C, 18D
   conditions                                            8B, 8C, 18B
   definition                                            3
   disqualification                                      6, 18B
   eligibility for                                       6
   granting of                                           9, 9A
   investigation of applications for                     8
   notification of changes                               12
   permission to be, continue to be registered           10A, 10B
   refusal, notice of refusal                            8A, 9A
   review of decisions regarding                         9B
   surrender                                             11C
   suspension                                            18B, 18C, 18D




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              Second-Hand Dealers and Pawnbrokers Act 1989
                            No. 54 of 1989




Subject                                                  Section
Registration–Endorsement
   annual fees                                           11AA, 11A
   applications, consideration of applications for       7A, 8A
   cancellation                                          11A, 11B, 18B,
                                                         18D, 26C, 26D
   conditions                                            8B, 8C, 18B
   disqualification                                      6, 18B
   eligibility for                                       6
   granting of                                           9AA, 9A
   investigation of applications for                     8
   notification of changes                               12
   refusal, notice of refusal                            8A, 9A
   review of decisions regarding                         9B
   surrender                                             11C, 26C, 26D
   suspension                                            18B, 18C, 18D,
                                                         26C
Regulations                                              31
Review                                                   9B, 14
Search and entry powers                                  26J–26K
Search warrants                                          26L–26O
Second-hand dealers
   death, disability of registered persons               18
   definition of second-hand dealer                      3,
   definition of registered second-hand dealer           3, 28A
   disciplinary measures against                         18A–18B
   register                                              13, 14
See also Registration; Registration–Endorsement
Second-hand dealers–Businesses
   addresses                                             12A
   cessation                                             11B, 12
   current certificate of registration to be displayed   17
   goods dealt with
         disputes regarding possession                   24
         identification of persons selling               19
         recording storage location                      21A
         retention for seven days                        21
         stolen goods                                    22, 24B, 26, Sch.
   permissions to carry on                               18
   police powers                                         25–26
   provision of information relating to                  28A–28C
   records of transactions                               20
   requirement to be registered                          5
   signs to be displayed                                 24B, Sch.
See also Registration; Registration–Endorsement
Self-incrimination                                       26V, 28B
Service of documents                                     26Y, 27
Seizure
   copies of seized documents                            26Q
   embargo notices                                       26P
   extension of time limits for items seized             26S
   of documents                                          26H
   of items, things                                      26J–26L, 26O
   retention, return of seized documents, things         26R



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            Second-Hand Dealers and Pawnbrokers Act 1989
                          No. 54 of 1989




Subject                                           Section
Stolen goods                                      22, 24B, 26, Sch.
Tribunal
See Victorian Civil and Administrative Tribunal
Unredeemed goods                                  23A
Victorian Civil and Administrative Tribunal
   powers as to inquiries, disciplinary matters   18A, 18B
   review powers of Authority's decisions by      9B, 14




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