Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 31

Regulations

31. Regulations



(1) The Governor in Council may make regulations for or with respect to-

   (a)  prescribing categories of documents as to identity; and



   (ab) prescribing particulars to be recorded in the register; and



   (b)  carrying on business as a second-hand dealer or as a pawnbroker; and

   (c)  prescribing forms; and

   (d)  fees; and





   (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 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 dealt with by an infringement
        notice; and

   (e)  exempting persons or goods from the application of the whole or any
        provision of this Act or the regulations, subject to conditions or
        unconditionally; and

   (f)  generally prescribing any other matter or thing required or permitted
        by this Act to be prescribed or necessary to be prescribed to give
        effect to this Act.

(2) The regulations may-

   (a)  be of general or limited application; and

   (b)  differ according to differences in time, place or circumstance; and

   (c)  leave any matter or thing to be from time to time determined, applied,
        dispensed with or regulated by a council; and

   (d)  impose penalties not exceeding 20 penalty units for a contravention of
        the regulations.

(2A) Regulations made under subsection (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 that offence for the first time.

(3) Regulations made under this Act may be disallowed, in whole or in part, by
resolution of either House of Parliament in accordance with the requirements
of section 6(2) of the Subordinate Legislation Act 1962.

(4) Disallowance of a regulation under subsection (3) must be taken to be
disallowance by Parliament for the purposes of the Subordinate Legislation Act
1962.



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