Queensland Consolidated Acts

SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - SECT 6

(1) A person must not carry on a business of dealing in second-hand property or act as a market operator unless the person is a second-hand dealer.

Maximum penalty—200 penalty units.

(2) However, the following persons do not contravene subsection (1)—

(a) a pawnbroker to the extent the person may lawfully deal with second-hand property under the person's licence under this Act;

(b) an auctioneer, motor dealer or motor salesperson under the Property Agents and Motor Dealers Act 2000 to the extent the person may lawfully deal with second-hand property under the person's licence under that Act;

(c) a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person's licence under that Act;

(d) a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others;

(e) a person dealing in second-hand property for a charity registered under the Collections Act 1966;

(f) a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966;

(g) a local government;

(h) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth);

(i) a company registered under the Life Insurance Act 1995 (Cwlth);

(j) a trustee company under the Trustee Companies Act 1968.

(3) A person must not carry on a business of advancing, on interest or in expectation of profit or reward, an amount on the principal or collateral security of property taken by the person as a pawn unless the person is a pawnbroker.

Maximum penalty—200 penalty units.

(4) However, the following persons making advances in the ordinary course of banking or mercantile transactions on the security of property taken as a pawn do not contravene subsection (3)—

(a) an auctioneer under the Property Agents and Motor Dealers Act 2000;

(b) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth);

(c) a broker, commission agent or merchant.