SECOND-HAND DEALERS AND PAWNBROKERS (AMENDMENT) BILL 2001

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SECOND-HAND DEALERS AND PAWNBROKERS (AMENDMENT) BILL 2001

PARLIAMENT OF VICTORIA Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 Act No. TABLE OF PROVISIONS Clause Page 1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. Amendment to purposes of Act 3 5. Definitions 3 6. Insertion of Division heading 4 Division 1--General 4 7. Second-hand dealers authorised to carry on business as pawnbrokers 4 8. Eligibility for registration or endorsement 4 9. Registration application 6 10. New section 7A inserted 6 7A. Application for endorsement 6 11. Investigation of application 6 12. Consideration of application 7 13. New sections 8B and 8C inserted 7 8B. Authority may impose conditions 7 8C. Notation of condition on certificate of registration 8 14. Registration 8 15. New section 9AA inserted 9 9AA. Endorsement 9 16. Notice of decision 9 17. Application for review 10 18. Change in associates after registration 10 19. New section 11AA inserted 11 11AA. Annual endorsement fee 11 20. Failure to comply with section 11 or 11AA 11 21. Substitution of section 11B 12 11B. Return of certificates of registration 12 22. New section 11C inserted 12 11C. Surrender of registration or endorsement 12 23. Notification of changes 13 24. New section 12A inserted 13 i 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Clause Page 12A. Address for notices 13 25. The register 13 26. Correction of register 14 27. New sections 17 and 18 inserted 14 17. Display of current registration certificate 14 18. Death, disability etc. of registered person 14 28. Division 2 of Part 2 inserted 16 Division 2--Disciplinary Action 16 18A. Disciplinary action 16 18B. Determination of disciplinary measures by Tribunal 18 18C. Effect of suspension 21 18D. Suspended and cancelled certificates of registration must be returned 21 29. Identification of persons selling or pawning goods 21 30. Contracts for pawning goods 21 31. New section 23A inserted 22 23A. Return of residual equity in unredeemed goods that are sold 22 32. Disputes as to possession of goods 25 33. Increased penalty for contravention of notice requirement 25 34. Police powers 25 35. Division heading inserted 25 Division 1--General 25 36. New Division 2 inserted in Part 5 25 Division 2--Enforcement--Pawnbrokers 25 26A. Definition 25 26B. Production of identity card 26 26C. Documents available for inspection 26 26D. Specified persons to produce documents and answer questions 27 26E. Third parties to produce documents and answer questions relating to endorsed pawnbroker's business 28 26F. Department Heads, police and public authorities to produce information to inspectors 28 26G. Certain other specified persons or bodies to produce information 29 26H. Powers on production of documents 30 26I. Order requiring supply of information and answers to questions 31 26J. Entry or search with consent 32 26K. Entry without consent or warrant 34 26L. Search warrants 35 26M. Announcement before entry 37 ii 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Clause Page 26N. Details of warrant to be given to occupier 37 26O. Seizure of things not mentioned in the warrant 38 26P. Embargo notice 38 26Q. Copies of seized documents 39 26R. Retention and return of seized documents or things 40 26S. Magistrates' Court may extend 3 month period 40 26T. Requirement to assist inspector during entry 41 26U. Refusal or failure to comply with requirement 42 26V. Rule against self-incrimination does not apply 42 26W. Offence to give false or misleading information 42 26X. Application of provisions relating to inspections 43 26Y. Service of documents 43 26Z. Confidentiality 43 37. New Division 3 inserted in Part 5 44 Division 3--Infringement Notices 44 26ZA. Definition 44 26ZB. Power to serve a notice 45 26ZC. Form of notice 45 26ZD. Late payment of penalty 46 26ZE. Withdrawal of notice 46 26ZF. Further proceedings concerning infringement notices 47 38. Service 48 39. New sections 28A to 28D inserted 48 28A. Production of information to Authority 48 28B. Rule against self-incrimination does not apply 49 28C. Verification of details supplied to the Authority 49 28D. Extended time for prosecutions 49 40. Evidence 49 41. Regulations 50 42. New section 36 substituted 50 36. Transitional provisions (2001 amendments) 50 ENDNOTES 52 iii 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

PARLIAMENT OF VICTORIA Initiated in Assembly 31 October 2001 A BILL to amend the Second-Hand Dealers and Pawnbrokers Act 1989 and for other purposes. Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Second- Hand Dealers and Pawnbrokers Act 1989 to provide for-- 5 (a) separate regulation of pawnbrokers by means of endorsement on their registration as second-hand dealers; 1 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 2 Act No. (b) improved enforcement by means of increased penalties, infringement notices and inspectors' powers; (c) the payment of residual equity in pawned 5 goods that are subsequently sold by a pawnbroker; (d) a prohibition on the pawning of motor cars; (e) miscellaneous amendments to improve the administration of the Act. 10 2. Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 15 provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 December 2002, it comes into operation on that day. 20 3. Principal Act See: In this Act, the Second-Hand Dealers and Act No. Pawnbrokers Act 1989 is called the Principal 54/1989. Reprint No. 4 Act. as at 10 February 2000 and amending Act Nos 35/2000, 27/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov. au 2 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 4 Act No. 4. Amendment to purposes of Act In section 1 of the Principal Act-- (a) in paragraph (a), omit "licensing and"; (b) in paragraph (b), for "pawnbrokers." 5 substitute "pawnbrokers; and"; (c) after paragraph (b) insert-- "(c) to enhance protection of consumers dealing with second-hand dealers and pawnbrokers.". 10 5. Definitions In section 3(1) of the Principal Act, insert the following definitions-- ' "Consumer Act" has the same meaning as it has in the Fair Trading Act 1999; 15 "endorsed pawnbroker" means a person whose registration is endorsed under Part 2; "endorsement" means endorsement under Part 2 to carry on business as a pawnbroker; "financial institution" means-- 20 (a) an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or (b) a body approved by the Governor in Council by order published in the 25 Government Gazette; "inspector" means an inspector appointed under the Fair Trading Act 1999; "occupier", in relation to premises, means a person who appears to be of or over 16 years 30 of age and who appears to be in control of the premises; 3 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 6 Act No. "registered second-hand dealer" means a person registered under Part 2; "registration" means registration under Part 2 to carry on business as a second-hand dealer;'. 5 6. Insertion of Division heading In Part 2 of the Principal Act, before section 5 insert-- "Division 1--General". 7. Second-hand dealers authorised to carry on business 10 as pawnbrokers (1) In section 5(1) of the Principal Act, omit "or a pawnbroker". (2) In section 5 of the Principal Act, after sub- section (1) insert-- 15 "(1A) Subject to this Act, a person must not, either alone or in partnership, carry on business as a pawnbroker unless-- (a) the person is registered as a second- hand dealer under this Part; and 20 (b) the person is authorised to carry on business as a pawnbroker by endorsement of their registration under this Part. Penalty: 100 penalty units.". 25 8. Eligibility for registration or endorsement (1) In section 6(1) of the Principal Act, after "registered" insert "or for an endorsement of the registration". (2) In section 6(2) of the Principal Act-- 30 (a) after "registered" insert "or for an endorsement of the registration"; 4 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 8 Act No. (b) after paragraph (a) insert-- "(ab) a body corporate has, within the preceding 5 years in Australia or elsewhere, been convicted or found 5 guilty of a disqualifying offence and the person was a director of the body corporate at the time the disqualifying offence was committed; or"; (c) after paragraph (b) insert-- 10 "(ba) a body corporate 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 15 and under that enactment-- (i) the body corporate's licence, registration or permission to carry on that occupation, profession or business is suspended; or 20 (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 25 (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-- 30 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". 35 5 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 9 Act No. 9. Registration application In section 7(2)(d) of the Principal Act-- (a) in sub-paragraph (i) omit "or pawnbroker"; (b) sub-paragraph (ii) is repealed. 5 10. New section 7A inserted After section 7 of the Principal Act insert-- "7A. Application for endorsement (1) A registered second-hand dealer or an applicant for registration as a second-hand 10 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 sub-section (1)-- 15 (a) must be in writing in or to the effect of the form approved by the Authority; and (b) may be made in conjunction with an application for registration or at any 20 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, 25 the application, the applicant must, within 7 days after becoming so aware, give particulars of the change to the Authority. Penalty: 10 penalty units.". 11. Investigation of application 30 In section 8(1) of the Principal Act, after "dealer" insert "or an application for endorsement as a pawnbroker". 6 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 12 Act No. 12. Consideration of application (1) In section 8A(1) of the Principal Act, after "registration" insert "or endorsement". (2) In section 8A of the Principal Act, for 5 sub-sections (3) and (4) substitute-- "(3) The Authority may refuse-- (a) to register an applicant; or (b) to endorse a registration-- if the applicant for registration or 10 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 15 hearing to determine whether-- (a) to register an applicant or refuse to register an applicant; or (b) to endorse a registration or refuse to endorse a registration.". 20 13. New sections 8B and 8C inserted After section 8A of the Principal Act insert-- "8B. Authority may impose conditions (1) The Authority may-- (a) impose conditions that must be 25 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 30 other time, impose conditions in respect of the registration, or endorsement of the registration, of a person; 7 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 14 Act No. (c) at any time on the application of any person or of its own motion, vary or revoke any conditions previously imposed. 5 (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. 10 (3) An application under sub-section (1)(c), other than an application by the Director or the Chief Commissioner of Police, must be accompanied by a fee of $150 or any other fee that is prescribed. 15 8C. Notation of condition on certificate of registration (1) If a condition in respect of the registration, or endorsement of the registration, of a person registered under this Part is imposed, 20 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. 25 (2) A person registered under this Part must comply with the requirement under sub- section (1). Penalty: 10 penalty units.". 14. Registration 30 In section 9 of the Principal Act, for sub- section (1) substitute-- "(1) The Authority must register an applicant as a second-hand dealer unless the applicant-- 8 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 15 Act No. (a) is not eligible under section 6 to be so registered; or (b) has not complied with any conditions imposed under section 8B(1)(a).". 5 15. New section 9AA inserted After section 9 of the Principal Act insert-- "9AA. Endorsement (1) The Authority must, on application, endorse a registration authorising the applicant to 10 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 15 (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. 20 (2) For the purposes of sub-section (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 25 annual registration fee is payable under section 11(1). (3) An endorsement remains in force until it is cancelled or surrendered.". 16. Notice of decision 30 (1) In section 9A(1) of the Principal Act, after "applicant" (where first occurring) insert "or refuses to endorse the registration of an applicant". 9 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 17 Act No. (2) In section 9A(2) of the Principal Act, after "applicant" (where first occurring) insert "or endorses the registration of an applicant". 17. Application for review 5 (1) In section 9B(1) of the Principal Act, after paragraph (a) insert-- "(ab) in respect of an application for endorsement of a registration under this Part; or (ac) to impose, vary or revoke a condition in 10 respect of registration or endorsement under this Part; or". (2) In section 9B(1) of the Principal Act-- (a) in paragraph (c), for "permission--" substitute "permission; or"; 15 (b) after paragraph (c) insert-- "(d) in respect of an application for permission under section 18 or any limitation on or condition of such a permission--". 20 18. Change in associates after registration In section 10(2) of the Principal Act-- (a) in paragraph (c), for "corporate." substitute "corporate; or"; (b) after paragraph (c) insert-- 25 "(d) the person is notified in writing by the Authority that an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person would, if the 30 associate or director were to apply for registration under this Part, be ineligible to be so registered.". 10 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 19 Act No. 19. New section 11AA inserted After section 11 of the Principal Act insert-- "11AA. Annual endorsement fee (1) A person whose registration is endorsed 5 under this Part must pay to the Authority an annual endorsement fee of-- (a) $400; or (b) any other fee that is prescribed-- on the same date as the annual registration 10 fee is payable under section 11(1). (2) An annual endorsement fee may be paid at any time in the 6 weeks before it falls due.". 20. Failure to comply with section 11 or 11AA (1) In section 11A(1) of the Principal Act-- 15 (a) after "11" insert "or 11AA"; (b) omit "prescribed"; (c) after "registration" insert "or endorsement, as the case may be,". (2) In section 11A(3) of the Principal Act-- 20 (a) after "11" insert "or 11AA"; (b) after "registration" insert "or endorsement, as the case may be,". (3) In section 11A of the Principal Act, after sub- section (3) insert-- 25 "(4) The fee for late payment or lodgement is $20 or any other fee that is prescribed.". 11 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 21 Act No. 21. Substitution of section 11B For section 11B of the Principal Act substitute-- "11B. Return of certificates of registration Subject to section 18D, a person registered, 5 or whose registration is endorsed, under this Part must return the certificate of registration to the Authority within 7 days of-- (a) becoming aware of the cancellation of the registration; or 10 (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.". 15 22. New section 11C inserted After section 11B of the Principal Act insert-- "11C. Surrender of registration or endorsement (1) Subject to sub-section (3), a person registered under this Part may at any time by 20 notice in writing to the Authority, surrender the registration. (2) Subject to sub-section (3), a person whose registration is endorsed under this Part may at any time by notice in writing to the 25 Authority, surrender the endorsement. (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 30 Tribunal, surrender the registration unless the Tribunal has determined to take action under section 18B or has determined not to take any such action. 12 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 23 Act No. (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. 5 Penalty: 10 penalty units.". 23. Notification of changes In section 12 of the Principal Act, after "registered" insert ", or whose registration is endorsed,". 10 24. New section 12A inserted After section 12 of the Principal Act insert-- "12A. Address for notices (1) A person registered, or whose registration is endorsed, under this Part must give written 15 notice to the Authority of an address to which all communications and notices from the Authority may be sent to the person. (2) Any change in the address must be promptly notified in writing to the Authority. 20 (3) This section does not derogate from section 27.". 25. The register (1) In section 13(1) of the Principal Act, after "containing" insert "particulars of endorsements, 25 if any, under this Part and". (2) In section 13 of the Principal Act, for sub- section (3) substitute-- "(3) A person may obtain-- (a) a copy of the register; or 30 (b) a copy of an entry in the register; or (c) a copy of a page in the register-- 13 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 26 Act No. on payment of the fee prescribed for that type of copy.". 26. Correction of register In section 14(3) of the Principal Act, after 5 "registration" insert "or endorsement of the registration". 27. New sections 17 and 18 inserted After section 16 of the Principal Act insert-- "17. Display of current registration certificate 10 (1) A person who is carrying on business as a second-hand dealer or pawnbroker must display the current certificate of registration or a copy of it in a prominent position at each place at which business is carried on 15 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 20 of that certificate if the registration or endorsement is not in force. Penalty: 60 penalty units. 18. Death, disability etc. of registered person (1) The following persons may carry on the 25 second-hand dealing or pawnbroking business of a person who was registered under this Part for 30 days after the person ceases to be registered-- (a) if the person dies, the executor named 30 in the person's will or the administrator of the person's estate or any person who intends applying for letters of 14 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 27 Act No. administration in relation to the person's estate; (b) if the person becomes an insolvent under administration, the assignee, 5 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 10 of the person or any person nominated by the guardian or administrator; (d) if the person becomes an externally- administered body corporate, the liquidator, official manager, receiver, 15 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 20 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 25 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 30 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 15 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 28 Act No. 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 5 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 10 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 15 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.". 20 28. Division 2 of Part 2 inserted Before Part 3 of the Principal Act insert-- "Division 2--Disciplinary Action 18A. Disciplinary action (1) The Chief Commissioner of Police may 25 apply at 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 30 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. 16 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 28 Act No. (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-- 5 (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; 10 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 15 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 20 (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 25 imposed by the Authority on the person's registration or endorsement. (4) If an application for an inquiry is lodged under sub-section (1) or (2), the principal registrar of the Tribunal must-- 30 (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 17 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 28 Act No. 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 5 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 10 Tribunal for the inquiry to be started within that time; and (b) the Tribunal is satisfied that there are exceptional circumstances. 18B. Determination of disciplinary measures by 15 Tribunal (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 20 endorsed pawnbroker, the Tribunal may do one or more of the following-- (a) reprimand the person; (b) order the person to pay into the Consolidated Fund a penalty not 25 exceeding $5000; (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 30 exceeding 1 year-- (i) the registration of the person; or 18 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 28 Act No. (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 5 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 10 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. 15 (2) As an alternative to taking action under one or more of sub-sections (1)(a), (b), (c), (d) and (f), the Tribunal may-- (a) cancel the registration of the registered second-hand dealer or endorsed 20 pawnbroker; or (b) cancel the endorsement of the endorsed pawnbroker-- and disqualify the second-hand dealer or pawnbroker (and any partner or director of 25 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 30 amount under sub-section (1)(b) or (g)-- (a) it may order that the amount be paid by a specified date; and 19 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 28 Act No. (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 5 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 10 (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 15 (b) the endorsement of a pawnbroker-- under sub-section (3) without giving the second-hand dealer or pawnbroker an opportunity to be heard. (5) If the Tribunal suspends or cancels-- 20 (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 25 Tribunal. (6) If under sub-section (1)(c), the Tribunal requires a registered second-hand dealer or an endorsed pawnbroker to comply with a requirement specified by it, the registered 30 second-hand dealer or endorsed pawnbroker must comply with the requirement within or for the time specified by the Tribunal under that paragraph. 20 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 29 Act No. 18C. Effect of suspension (1) A second-hand dealer or pawnbroker whose registration has been suspended is to be treated as unregistered during the period of 5 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 10 the purposes of sections 11AA, 11A, 11C, Division 2 of Part 5 and 28A. 18D. Suspended and cancelled certificates of registration must be returned If the Tribunal suspends or cancels the 15 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. 20 Penalty: 25 penalty units.". 29. Identification of persons selling or pawning goods In section 19(1) of the Principal Act, for paragraph (a) substitute-- "(a) by means of-- 25 (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 30 prescribed categories-- bearing a photograph of the person; or". 30. Contracts for pawning goods 21 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 30 Act No. (1) In section 23 of the Principal Act, after sub- section (1) insert-- '(1A) A pawnbroker must not receive a motor car from a person as goods in pawn. 5 Penalty: in the case of a natural person, 60 penalty units; in the case of a body corporate, 300 penalty units. (1B) In sub-section (1A), "motor car" has the 10 same meaning as it has in the Motor Car Traders Act 1986.'. (2) At the foot of section 23(2) of the Principal Act, for "10 penalty units" substitute "20 penalty units". 15 (3) In section 23 of the Principal Act, for sub-section (3) substitute-- "(3) A pawnbroker who advances money on the security of goods received in pawn must give to the owner of the goods-- 20 (a) a pawn ticket containing the prescribed particulars; and (b) a notice in the prescribed form concerning the rights and responsibilities of the parties to the 25 transaction; and (c) written notice of the charge that will be imposed on the transaction. Penalty: 20 penalty units.". 31. New section 23A inserted 30 After section 23 of the Principal Act insert-- '23A. Return of residual equity in unredeemed goods that are sold 22 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 31 Act No. (1) In this section-- "loan" means the amount of money advanced by a pawnbroker on the security of pledged goods; 5 "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 10 interest less the sum of all payments made; "pawned goods" means pledged goods received by a pawnbroker in pawn; "reasonable costs of sale" does not include 15 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 20 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 25 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 30 goods after the expiry of the loan period; and 23 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 31 Act No. (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 5 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 10 pawnbroker within the period of 12 months after the sale. Penalty: 20 penalty units. (4) If-- (a) unredeemed pawned goods are sold by 15 a pawnbroker after the expiry of the loan period; and (b) within the period of 12 months after the sale, the person who pawned the goods demands payment of the residual equity 20 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. 25 (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. 30 Penalty: 20 penalty units. (6) Section 86 of the Sentencing Act 1991 applies to an offence under sub-section (5) as if non-payment of the value of the residual equity were a loss of property as a result of 35 the offence.'. 24 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 32 Act No. 32. Disputes as to possession of goods In section 24 of the Principal Act, after sub- section (8) insert-- "(9) An order made under sub-section (3)(b) 5 lapses on-- (a) the expiry of 6 months after the day on which it was made; or (b) the making of an order under sub- section (8)-- 10 whichever is earlier.". 33. Increased penalty for contravention of notice requirement At the foot of section 24B of the Principal Act, for "10 penalty units" substitute "20 penalty units". 15 34. Police powers In section 25(2)(b) of the Principal Act, for "licence" substitute "certificate of registration". 35. Division heading inserted In Part 5 of the Principal Act, before section 25 20 insert-- "Division 1--General". 36. New Division 2 inserted in Part 5 In Part 5 of the Principal Act, after section 26 insert-- 25 'Division 2--Enforcement--Pawnbrokers 26A. Definition In this Division, "endorsed pawnbroker" includes-- 25 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (a) a person whose endorsement has been surrendered or cancelled within the last 3 years; and (b) a person whose endorsement is 5 suspended. 26B. Production of identity card An inspector must produce his or her identity card for inspection-- (a) before exercising a power under this 10 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. 15 Penalty: 10 penalty units. 26C. Documents available for inspection (1) An endorsed pawnbroker must at all reasonable times at each premises at which that endorsed pawnbroker carries on 20 business as a pawnbroker keep all documents relating to the business carried on at those premises available for inspection by an inspector in a form in which they can be readily and expeditiously inspected by an 25 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 30 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. 26 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. Penalty: 50 penalty units. (3) If the endorsement of an endorsed pawnbroker has been suspended, the endorsed pawnbroker must during the period 5 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 10 inspector. Penalty: 50 penalty units. 26D. Specified persons to produce documents and answer questions (1) For the purpose of monitoring compliance 15 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 20 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 25 relating to that business; or (c) to produce to the inspector specified documents or documents of a specified class relating to that business. (2) In this section-- 30 "specified person", in relation to the business of an endorsed pawnbroker, means-- 27 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (a) a person who is a director or officer of a corporation which is an endorsed pawnbroker; or (b) if the endorsement of a 5 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 10 surrendered or cancelled. 26E. Third parties to produce documents and answer questions relating to endorsed pawnbroker's business For the purpose of monitoring compliance 15 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-- 20 (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, 25 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. 30 26F. Department Heads, police and public authorities to produce information to inspectors (1) For the purpose of monitoring compliance with this Act or the regulations, the Director 35 or an inspector may request a specified 28 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. 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 5 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. 10 (2) An inspector can only make a request under sub-section (1) with the written consent of the Director. (3) A specified public body must comply with a request under sub-section (1). 15 (4) In this section "specified public body" means-- (a) a Department Head within the meaning of the Public Sector Management and Employment Act 1998; or 20 (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 information 25 (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-- 30 (a) to answer, orally or in writing, any questions put by the inspector relating to an endorsed pawnbroker's business as a pawnbroker; 29 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (b) to supply, orally or in writing, information required by the inspector relating to that business. (2) An inspector can only make a requirement 5 under sub-section (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 10 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 15 (d) a person who is the owner or operator of a postal service; or (e) a financial institution. 26H. Powers on production of documents (1) If any documents are produced to an 20 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 25 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 30 this Act or the regulations; (d) seize the documents if the inspector-- 30 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (i) considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings under any 5 Consumer Act; and (ii) believes on reasonable grounds, that it is necessary to seize the documents in order to prevent their concealment, loss or 10 destruction or their use in the contravention of any Consumer Act; (e) secure any seized documents against interference; 15 (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 20 Director without the consent of the person. 26I. Order requiring supply of information and answers to questions (1) For the purpose of monitoring compliance with this Act or the regulations, an inspector, 25 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 30 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 31 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. relation to an endorsed pawnbroker's business as a pawnbroker. (2) If the Magistrates' Court is satisfied on the basis of evidence presented by the Director 5 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, 10 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 15 that execution, notify the Magistrates' Court in writing of the time and place of execution of the order. 26J. Entry or search with consent (1) For the purpose of monitoring compliance 20 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 25 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 30 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; 32 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (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 5 premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector has-- (a) produced his or her identity card for inspection; and 10 (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 15 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 20 extract from a document found on the premises during the search; and (iv) that anything seized or taken during the search with the consent 25 of the occupier may be used in evidence in proceedings. (3) If an occupier consents to an entry and search, the inspector who requested consent must, before entering the premises, ask the 30 occupier to sign an acknowledgment in the prescribed form stating-- (a) that the occupier has been informed of the purpose of the search and that 33 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. 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 5 he or she may refuse to give consent to the entry and search; and (c) that the occupier has consented to such an entry and search; and (d) the date and time that the occupier 10 consented. (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 15 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. 20 (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 25 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. 30 26K. Entry without consent or warrant (1) For the purpose of monitoring compliance with this Act or the regulations, an inspector may (with the assistance, if necessary, of 34 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. 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 5 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 10 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 15 extracts from any document kept on the premises. (2) An inspector must not enter or search any premises under sub-section (1) unless, before that entry, the inspector has produced his or 20 her identity card for inspection by the occupier of the premises. 26L. Search warrants (1) An inspector, with the written approval of the Director, may apply to a magistrate for 25 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, 30 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 35 accordance with the Magistrates' Court Act 35 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. 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-- 5 (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; 10 (iii) secure against interference; (iv) examine and inspect; (v) make copies of or take extracts from-- a thing or things of a particular kind 15 named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with a contravention of this Act or the regulations in relation to pawnbrokers. 20 (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 25 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 30 issue of the warrant, on which the warrant ceases to have effect. 36 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (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 5 section. 26M. Announcement before entry (1) On executing a search warrant, the inspector executing the warrant-- (a) must announce that he or she is 10 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 15 to allow entry to the premises. (2) An inspector need not comply with sub- section (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure-- 20 (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 (1) If the occupier is present at premises where a 25 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 30 warrant. (2) If the occupier is not present at premises where a search warrant is being executed, the inspector must-- 37 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (a) identify himself or herself to a person (if any) at the premises; and (b) give to the person a copy of the warrant. 5 26O. Seizure of things not mentioned in the warrant A search warrant under section 26L authorises an inspector executing the search warrant, in addition to the seizure of any 10 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-- 15 (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 20 Act; and (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 25 destruction or its use in the contravention of this Act or any other Consumer Act. 26P. Embargo notice (1) An inspector executing a search warrant who 30 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-- 38 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (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 5 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 10 (b) leases; or (c) without the written consent of the inspector who issued the embargo notice, moves; or (d) transfers; or 15 (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. (3) It is a defence to a prosecution for an offence 20 against sub-section (2) to prove that the defendant moved the thing or the part of the thing for the purpose of protecting and preserving it. (4) Despite anything in any other Act, a sale, 25 lease, transfer or other dealing with a thing in contravention of this section is void. 26Q. Copies of seized documents (1) If an inspector retains possession of a document taken or seized from a person 30 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. 39 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (2) A copy of a document certified under sub- section (1) shall be received in all courts and tribunals to be evidence of equal validity to the original. 5 26R. Retention and return of seized documents or things (1) If an inspector seizes a document or other thing under this Division, the inspector must take reasonable steps to return the document 10 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, 15 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 20 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 25 during which the document or thing may be retained. 26S. Magistrates' Court may extend 3 month period (1) An inspector may apply to the Magistrates' 30 Court-- (a) within 3 months after seizing a document or other thing under this Division; or 40 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (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 5 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 10 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 15 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 20 proceeding under this Act. (3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person. 26T. Requirement to assist inspector during 25 entry 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 30 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-- (a) to give information to the inspector, 35 orally or in writing; and 41 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (b) to produce documents to the inspector; and (c) to give reasonable assistance to the inspector. 5 26U. Refusal or failure to comply with requirement A person must not refuse or fail, without reasonable excuse, to comply with a requirement of an inspector under this 10 Division. Penalty: 50 penalty units. 26V. Rule against self-incrimination does not apply (1) A person is not excused from answering a 15 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 20 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. 25 26W. Offence to give false or misleading information A person must not-- (a) give information to an inspector under this Division that the person believes to 30 be false or misleading in any material particular; or 42 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. (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 5 the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: 50 penalty units. 26X. Application of provisions relating to 10 inspections Sections 120, 135, 136, 137, 138 and 139 of the Fair Trading Act 1999 apply (with any necessary modifications) in relation to the exercise or attempted exercise of a power of 15 an inspector under this Division as if any reference in those sections to Part 10 of that Act were a reference to this Division. 26Y. Service of documents (1) A written requirement by an inspector under 20 this Division may be given personally or by registered post to a person-- (a) at the last known place of business, employment or residence of the person; or 25 (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 30 that document or information to the Director by registered post. 26Z. Confidentiality (1) An inspector must not, except to the extent necessary to carry out the inspector's 43 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 36 Act No. functions under this Division, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions. 5 Penalty: 50 penalty units. (2) Sub-section (1) does not apply to the giving of information-- (a) to a court or tribunal in the course of legal proceedings; or 10 (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 15 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 20 (e) with the written authority of the Director; or (f) with the written authority of the person to whom the information relates.'. 37. New Division 3 inserted in Part 5 25 At the end of Part 5 of the Principal Act insert-- 'Division 3--Infringement Notices 26ZA. Definition In this Division, "authorised officer" means-- 44 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 37 Act No. (a) an inspector under the Fair Trading Act 1999; (b) a member of the police force; (c) a person authorised in writing by the 5 Director. 26ZB. Power to serve a notice An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed an 10 offence against section 20, 21(1), 21A, 23(2), 23(3), 23A(3) or 24B or an offence specified by the regulations as an offence in respect of which an infringement notice may be issued. 15 26ZC. Form of notice An infringement notice must be in a form approved by the Director and must set out-- (a) the date of the notice; (b) the provision of this Act or the 20 regulations that creates the offence; (c) the date, time and place of the offence; (d) the nature of the offence and a brief description of the offence; (e) the prescribed infringement penalty for 25 the offence; (f) how the infringement penalty may be paid; (g) the time (being not less than 28 days after the date on which the notice is 30 served) within which the infringement penalty must be paid; 45 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 37 Act No. (h) that if the infringement penalty is paid before the end of that time, the matter will not be brought before the Magistrates' Court unless the 5 infringement notice is withdrawn within 28 days after the date on which it was served; (i) the prescribed details, if any. 26ZD. Late payment of penalty 10 If a charge has not been filed, and a courtesy letter has not been served, under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence, the authorised officer may accept payment of the 15 infringement penalty even if the time specified in the infringement notice as the time within which the penalty may be paid has expired. 26ZE. Withdrawal of notice 20 (1) The Director may withdraw an infringement notice within 28 days after it was served by serving on the person on whom the infringement notice was served a withdrawal notice in or to the effect of the form 25 approved by the Director. (2) If the penalty sought in the infringement notice has been paid before the notice is withdrawn, the Director must refund the amount of the penalty on withdrawing the 30 notice. (3) Proceedings for the offence in respect of which an infringement notice has been served may still be taken or continued despite the withdrawal of the notice. 46 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 37 Act No. 26ZF. Further proceedings concerning infringement notices (1) Subject to section 26ZE, if the penalty sought in an infringement notice is paid 5 within the time specified in the notice or if the authorised officer accepts the payment of the penalty under section 26ZD, then-- (a) no further proceedings concerning the offence may be taken against the person 10 on whom the notice was served; and (b) no conviction is to be recorded against that person for the offence. (2) If proceedings are taken against a person in respect of an offence for which an 15 infringement notice was served on the person and a court finds the person guilty of the offence, the finding is not to be taken as a conviction for any purpose except-- (a) the making of the finding itself; and 20 (b) any later proceedings that may be taken in respect of the finding itself (including proceedings by way of appeal or review). (3) Sub-section (2) does not apply to 25 proceedings taken after the withdrawal of an infringement notice. (4) The payment of a penalty sought by an infringement notice is not and must not be taken to be-- 30 (a) an admission of guilt in relation to the offence in respect of which the notice was issued; or (b) an admission of liability for the purpose of any civil claim or proceeding arising 47 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 38 Act No. out of the same occurrence, and the payment does not in any way affect or prejudice any such claim or proceeding. (5) Nothing in this section prevents the Tribunal 5 from conducting an inquiry under section 18A and taking disciplinary action under section 18B against a person for any act or omission for which an infringement notice was issued.'. 10 38. Service In section 27(1) of the Principal Act, for "section 24" substitute "sections 24 and 26Y". 39. New sections 28A to 28D inserted After section 28 of the Principal Act insert-- 15 '28A. Production of information to Authority (1) The Authority may require a registered second-hand dealer or an endorsed pawnbroker to answer any question or provide information relating to the business 20 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. 25 (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. 30 (3) In this section-- "endorsed pawnbroker" includes a person whose endorsement is suspended; 48 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 39 Act No. "registered second-hand dealer" includes a person whose registration is suspended. 28B. Rule against self-incrimination does not 5 apply (1) A person is not excused from answering a question or providing information under section 28A on the ground that the answer or the information might tend to incriminate the 10 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 15 proceedings, other than in proceedings in respect of the falsity of the answer. 28C. Verification of details supplied to the Authority The Authority may specify how any 20 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. 25 28D. Extended time for prosecutions 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 30 been committed.'. 40. Evidence 49 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 40 Act No. In section 29(b)(i) of the Principal Act, after "registered" insert "or endorsed". 41. Regulations (1) In section 31(1) of the Principal Act, after 5 paragraph (d) insert-- "(da) prescribing costs, or a class of costs, that may not be included in the reasonable costs of sale of pawned goods; and (db) prescribing, for the purposes of Division 3 of 10 Part 5-- (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 15 dealt with by an infringement notice; and". (2) In section 31 of the Principal Act, after sub- section (2) insert-- "(2A) Regulations made under sub-section 20 (1)(db)(ii) must not specify a penalty in respect of an offence 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 25 that offence for the first time.". 42. New section 36 substituted For section 36 of the Principal Act substitute-- '36. Transitional provisions (2001 amendments) (1) In this section, "appointed day" means the 30 day on which section 7(2) of the Second- Hand Dealers and Pawnbrokers 50 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 s. 42 Act No. (Amendment) Act 2001 comes into operation. (2) A person who, immediately before the appointed day, was registered under Part 2 is 5 deemed, on and from that day, to be an endorsed pawnbroker. (3) Sub-section (2) ceases to apply to a person on the expiry of the period of 3 months commencing on the appointed day unless the 10 person has during that period applied under section 7A for an endorsement in which case sub-section (2) ceases to apply when the application is finally determined, whether on appeal or otherwise, or at the end of any 15 appeal period, whichever is the later. (4) If sub-section (3) applies then, despite section 9AA(1)(c), the initial endorsement fee for the endorsement is to be paid to the Authority within 6 weeks after the date of 20 endorsement but if not paid within that period, the endorsement is cancelled. (5) This Act as in force immediately before the appointed day continues to apply to any prosecution for an offence under this Act or 25 an application for review under section 9B that is not finally determined before that day.'. 51 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 52 541232B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001

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