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SECOND-HAND DEALERS AND PAWNBROKERS ACT 1994 - SECT 4 Requirement to notify police as to business of second-hand dealer or pawnbroker

SECOND-HAND DEALERS AND PAWNBROKERS ACT 1994 - SECT 4

PART 2 - Second-hand Dealers and Pawnbrokers Division 1 - Commencement of business Requirement to notify police as to business of second-hand dealer or pawnbroker

(1)  This section does not apply to –
(a) a second-hand dealer who, immediately before the commencement of this Act, was the holder of a licence in force under the Second-hand Dealers Act 1905 ; or
(b) a pawnbroker who, immediately before that commencement, was the holder of a licence in force under the Pawnbrokers Act 1857 .
(2)  A person who proposes –
(a) to carry on the business of a second-hand dealer at any premises or second-hand goods market; or
(b) to carry on the business of a pawnbroker at any premises –
must give at least one month's notice in writing of intention to do so to the officer in charge of the police station nearest to the premises or market at which that person proposes to carry on business.
(3)  A notice under subsection (2) is required whether or not the person proposing to carry on business has been granted a licence or approval by a local authority in respect of the proposed business and the notice is to specify –
(a) the full name, address and date of birth of that person; and
(b) the address of the premises or second-hand goods market at which that person proposes to carry on that business.
(4)  Where a person proposes to carry on a business as mentioned in subsection (2) at more than one premises or second-hand goods market, it is sufficient if the notice is given to the officer in charge of the police station that is nearest to one of the premises or markets.
(5)  If, in the case of a natural person –
(a) the person proposing to carry on business has been convicted of an offence under this Act or a repealed Act or an offence involving dishonesty; or
(b) that person is not, in the opinion of the Commissioner of Police, a fit and proper person to carry on the business of a second-hand dealer or pawnbroker –
or if, in the case of a corporation –
(c) a person concerned in the management of the corporation has been convicted of an offence under this Act or a repealed Act or an offence involving dishonesty; or
(d) any such person is not, in the opinion of the Commissioner, a fit and proper person to carry on the business of a second-hand dealer or pawnbroker –
the Commissioner may, within 28 days after receipt of a notice under subsection (2) , file a notice of objection in the prescribed form in the court of petty sessions nearest to the premises or market where the person proposes to carry on business.
(6)  The Commissioner of Police must, on filing a notice of objection under subsection (5) , serve a copy of the notice –
(a) in the case of a natural person proposing to carry on business, personally on that person; or
(b) in the case of a corporation, personally on a director, the secretary, the public officer or any person who the Commissioner reasonably believes is a responsible officer of the corporation.
(7)  Service of the notice of objection may be proved in the same way as service of a summons under the Justices Act 1959 .