SECOND-HAND DEALERS AND PAWNBROKERS ACT 1989 - SECT 23 Contracts for pawning goods

SECOND-HAND DEALERS AND PAWNBROKERS ACT 1989 - SECT 23

    (1)     A pawnbroker must not receive second-hand goods in pawn from a person under 16 years of age.

Penalty:     20 penalty units.

S. 23(1A) inserted by No. 93/2001 s. 30(1).

    (1A)     A pawnbroker must not receive a motor car from a   person as goods in pawn.

Penalty:     in the case of a natural person, 60 penalty units;

in the case of a body corporate, 300 penalty units.

S. 23(1B) inserted by No. 93/2001 s. 30(1).

    (1B)     In subsection (1A), "motor car" has the same meaning as it has in the Motor Car Traders Act 1986 .

S. 23(2) amended by No. 41/1995 s. 62(Sch. 1 item 6), substituted by No. 44/1997

s. 42, amended by No. 93/2001 s. 30(2).

    (2)     A pawnbroker must cause a notice—

S. 23(2)(a) amended by No. 52/1998

s. 260(2).

        (a)     in or to the effect of a form approved by the Authority ; and

        (b)     showing the maximum amount charged weekly and monthly, or any other period normally used, by the pawnbroker on pawn transactions; and

        (c)     stating that in special circumstances a higher amount may be charged by the pawnbroker—

to be displayed in a prominent place in or outside each business premises of the pawnbroker to which the public has access so that the notice is clearly visible to the public from outside the premises.

Penalty:     20 penalty units.

S. 23(3) amended by No. 54/1989 s. 35(6), substituted by

Nos 44/1997

s. 42, 93/2001 s. 30(3).

    (3)     A pawnbroker who advances money on the security of goods received in pawn must give to the owner of the goods—

        (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 transaction; and

        (c)     written notice of the charge that will be imposed on the transaction.

Penalty:     20 penalty units.

S. 23(4) substituted by No. 44/1997

s. 42.

    (4)     Subject to subsection (5), a pawnbroker must not charge on a pawn transaction an amount more than an amount calculated in accordance with the amount displayed on a notice under subsection (2)(b).

Penalty:     20 penalty units.

S. 23(5) inserted by No. 44/1997

s. 42.

    (5)     A pawnbroker may charge an amount more than an amount calculated in accordance with the amount displayed under subsection (2)(b) if—

        (a)     it is reasonable to do so because the pawnbroker is likely to incur additional storage costs in relation to the goods being pawned; or

        (b)     it is reasonable to do so because the agreement provides for amounts to be paid less frequently than is specified in the notice under subsection (2); or

        (c)     the regulations so provide—

and—

        (d)     the notice referred to in subsection (3) specifies the reason why the higher charge is made; and

        (e)     the owner of the goods agrees in writing to the higher charge; and

        (f)     the pawnbroker serves on the owner of the goods a copy of the agreement referred to in paragraph (e).

S. 23A inserted by No. 93/2001 s. 31.