New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 32G

32G Proceedings before Tribunal for recovery of goods

(1) Application to Tribunal A licensee may apply to the Tribunal for an order under this section where a restoration notice has been served on the licensee in relation to any goods in the possession of the licensee.

Note: Section 24 of the Consumer, Trader and Tenancy Tribunal Act 2001 makes provision for applications to the Tribunal.

(2) Production of goods and appearance of interested persons The Tribunal may make an order requiring production of the goods and the appearance before the Tribunal of any person who appears to the Tribunal to have a claim of ownership of, or rights in respect of, the goods.

(3) Order of Tribunal The Tribunal may:

(a) make an order for the delivery of the goods to the person who appears to be the rightful owner of the goods, or

(b) if the rightful owner cannot be ascertained or located-make any order with respect to the goods the Tribunal thinks fit, or

(c) if the goods appear to have been pawned to the licensee by the rightful owner or with the rightful owner’s authority-make an order for the delivery of the goods to the licensee.

(4) Alternative order Instead of making an order under subsection (3) (a), the Tribunal may:

(a) make an order for the delivery of the goods to the person who appears to be the rightful owner of the goods, but giving the licensee the option of retaining the goods and paying that person the value of the goods, as assessed by the Tribunal, or

(b) make an order for payment to the person who appears to be the rightful owner of the value of the goods, as assessed by the Tribunal.

(5) Provisions relating to orders Relief under subsection (3) (a) is at the discretion of the Tribunal, but the designated rightful owner may choose between the forms of relief under subsection (4).

(6) If the Tribunal makes an order under subsection (4) (a), the Tribunal may, on the application of the designated rightful owner, subsequently make an order for the delivery of the goods to the designated rightful owner without giving the licensee the option of retaining the goods and paying their assessed value.

(7) Order for payment of money The Tribunal may make an order for the payment (as compensation or otherwise) to or by the licensee of an amount of money as determined by the Tribunal at or by the time stated in the order.

(8) Without limiting subsection (7), the Tribunal may make an order under that subsection for the payment to the licensee, by the person by or on whose behalf the goods were pawned, of the whole or a part of the amount of money determined by the Tribunal to be payable to the licensee had the goods been redeemed at a particular time.

(9) Claimant is party to proceedings The claimant is the respondent in proceedings for an order applied for under this section. This subsection does not affect any power of the Tribunal to direct that a person be joined as an applicant or respondent in relation to the proceedings.

(10) Enforcement of orders Regulations under the Consumer, Trader and Tenancy Tribunal Act 2001 may make provision for or with respect to the manner in which an order under this section may be enforced or satisfied. This subsection does not affect any power of enforcement conferred by or under that Act and does not affect any power to make regulations under that Act.

(11) Definition In this section:
"designated rightful owner" means the person who appears to the Tribunal to be the rightful owner.