Victorian Consolidated Legislation

SECOND-HAND DEALERS AND PAWNBROKERS ACT 1989

No. 54 of 1989
Version incorporating amendments as at 11 February 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Application

   PART 2-REGISTRATION

           Division 1-General

   5.      Second-hand dealers and pawnbrokers to be registered
   6.      Eligibility for registration
   7.      Application for registration
   7A.     Application for endorsement
   8.      Investigation of application
   8A.     Consideration of application
   8B.     Authority may impose conditions
   8C.     Notation of condition on certificate of registration
   9.      Registration
   9AA.    Endorsement
   9A.     Notice of decision
   9B.     Application for review
   10.     Automatic cancellation of registration
   10A.    Permission to be registered or to continue to be registered
   10B.    Conditions on permission
   11.     Annual registration fee and statement
   11AA.   Annual endorsement fee
   11A.    Failure to comply with section 11.
   11B.    Return of certificates of registration
   11C.    Surrender of registration or endorsement
   12.     Notification of changes
   12A.    Address for notices
   13.     Register
   14.     Correction of the register
   15.     Repealed
   16.     Offences
   17.     Display of current registration certificate
   18.     Death, disability etc. of registered person

           Division 2-Disciplinary action

   18A.    Disciplinary action
   18B.    Determination of disciplinary measures by Tribunal
   18C.    Effect of suspension
   18D.    Suspended and cancelled certificates of registration must be returned

   PART 3-CONDUCT OF BUSINESS

   19.     Identifying persons selling or pawning goods
   20.     Recording transactions
   21.     Retention of goods for seven days
   21A.    Recording storage location of goods
   22.     Co-operation with police
   23.     Contracts for pawning goods
   23A.    Return of residual equity in unredeemed goods that are sold

   PART 4-DISPUTES AS TO THE OWNERSHIP OF GOODS

   24.     Magistrates' Courts to determine disputes
   24A.    Offence of failing to comply with court order
   24B.    Sign to be displayed

   PART 5-ENFORCEMENT

           Division 1-General

   25.     Police powers generally
   26.     Notice to stop dealings in goods suspected of having been
           stolen

           Division 2-Enforcement-pawnbrokers

   26A.    Definition
   26B.    Production of identity card
   26C.    Documents available for inspection
   26D.    Specified persons to produce documents and answer questions
   26E.    Third parties to produce documents and answer questions
           relating to endorsed pawnbroker's business
   26F.    Department Heads, police and public authorities to produce information to inspectors
   26G.    Certain other specified persons or bodies to produce
           information
   26H.    Powers on production of documents
   26I.    Order requiring supply of information and answers to
           questions
   26J.    Entry or search with consent
   26K.    Entry without consent or warrant
   26L.    Search warrants
   26M.    Announcement before entry
   26N.    Details of warrant to be given to occupier
   26O.    Seizure of things not mentioned in the warrant
   26P.    Embargo notice
   26Q.    Copies of seized documents
   26R.    Retention and return of seized documents or things
   26S.    Magistrates' Court may extend 3 month period
   26T.    Requirement to assist inspector during entry
   26U.    Refusal or failure to comply with requirement
   26V.    Rule against self-incrimination does not apply
   26W.    Offence to give false or misleading information
   26WA.   Powers of court if requirement to produce information not complied with
   26X.    Application of provisions relating to inspections
   26Y.    Service of documents
   26Z.    Confidentiality

           Division 3-Infringement notices

   26ZA.   Definition
   26ZB.   Power to serve a notice
   26ZC.   Form of notice
           26ZD, 26ZE Repealed
   26ZF.   Further proceedings concerning infringement notices

   PART 6-GENERAL

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

   PART 7-REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

   33.     Repeals and transitional provisions
           34, 35. Repealed
   36.     Transitional provisions (2001 amendments)
           __________________
           SCHEDULE
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details