Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 3

Definitions

3. Definitions



(1) In this Act-

associate, in relation to a person, means-

   (a)  a spouse or domestic partner of the person, other than a spouse or
        domestic partner-

   (i)  who is not, and has never been, involved in the person's business as a
        second-hand dealer or pawnbroker; or

   (ii) who will not be involved in the person's proposed business as a
        second-hand dealer or pawnbroker; or

   (b)  a business partner of the person; or

   (c)  a participant in a business arrangement or relationship with the
        person in respect of a second-hand dealing or pawnbroking business;
        auctioneer means any person-

   (a)  who sells or attempts to sell or offer for sale or resale any goods by
        way of auction; or

   (b)  who acquires any goods for sale by auction.

Authority means the Business Licensing Authority established under the
Business Licensing Authority Act 1998;

computer means a machine that is capable of recording or storing information
electronically;

Consumer Act has the same meaning as it has in the Fair Trading Act 1999;



Council means a municipal council, and includes the Council of the City of
Melbourne and the Council of the City of Geelong;

Director means the Director within the meaning of the Fair Trading Act 1999;





disqualifying offence means an offence involving fraud, dishonesty, violence
or drug trafficking punishable on conviction by-

   (a)  in the case of a natural person, imprisonment for 3 months or more
        (whether or not in addition to a fine); or

   (b)  in the case of a body corporate, a fine of 100 penalty units or more;
        domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

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;



externally-administered body corporate has the same meaning as in the
Corporations Act;











financial institution means-

   (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
        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 of age and who appears to be in control of the premises;

pawnbroker means a person who carries on the business of advancing money on
the security of pledged goods;

registered second-hand dealer means a person registered under Part 2;



Registrar means the Registrar of the Authority appointed under the
Business Licensing Authority Act 1998;

registration means registration under Part 2 to carry on business as a
second-hand dealer;

second-hand dealer means a person who carries on the business of buying,
selling, exchanging or otherwise dealing in second-hand goods, whether or not
he or she deals in other goods and regardless of where goods are bought;

second-hand goods means any goods which have been worn or otherwise used;

* * * * *





spouse of a person means a person to whom the person is married;



Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998.

(2) For the purposes of this Act-

(a) a person shall be deemed to have advanced money on the security of pledged
goods, and to have received the goods in pawn, if he or she receives them
under a contract for their sale under or in conjunction with which he or she
gives the vendor the right to repurchase the goods (commonly known as a "buy
back"); and

   (b)  in such a case, the price at which the goods are sold shall be deemed
        to be the principal sum advanced and the difference between that
        amount and the price at which the goods may be repurchased shall be
        deemed to be the total amount of interest payable.

(3) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.