PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used in this Act
- 3A Meaning of “pawnbroker”
- 4 Application
- 5 Buy-back contracts regarded as lending money on security of pawned goods
PART 2 -- Licensing of pawnbrokers and second-hand dealers
Division 1 -- Requirement for licences
- 6 Pawnbrokers to be licensed
- 7 Second-hand dealers to be licensed
- 8 Natural persons only to be licensed
- 8A Premises in respect of which licences apply
- 9 Offence of holding out, etc.
Division 2 -- Licensing
- 10 Licensing officers
- 11 Notice of intention to apply for licence
- 12 Expedited applications
- 13 How to apply for issue of licence
- 14 Documentation in support of application for issue of licence
- 15 How and when to apply for renewal of licence
- 16 Documentation in support of application for renewal of licence
- 17 Offences in relation to licence applications
- 18 Objections to issue or renewal of licences
- 19 Issue of licences
- 20 Renewal of licences
- 21 Issue and renewal of licences held on behalf of partnerships and bodies corporate
- 22 Declining issue or renewal of licence
- 23 Form of licences
- 24 Conditions and restrictions
- 25 Not transferable
- 26 Duration of licences
- 27 Suspension, revocation of licences and disqualification
- 28 Commissioner to keep register of licences
Division 3 -- Review of licensing decisions
- 30 Review
- 32 Returns by executive officer of the State Administrative Tribunal
- 33 Effect of charges pending on Court hearings
Division 4 -- Powers of courts generally in relation to licences
Division 5 -- Other requirements in relation to licences
- 36 Sign to be displayed
- 37 Certain employee records to be kept, provided to police
- 37A Advertisements
PART 3 -- Contracts with pawnbrokers and second-hand dealers
Division 1 -- Duties of pawnbrokers and second-hand dealers
- 38 Persons under 18 or affected by alcohol or drugs
- 39 Identification of persons
- 40 Offences in relation to false information
- 41 Records to be made by pawnbrokers
- 42 Pawn tickets
- 43 Records to be made by second-hand dealers
- 44 Records to be provided by second-hand dealers
- 45 Keeping of records
- 46 Tampering with records
- 47 Goods to carry contract number
- 48 Pawn ticket “lost” or “stolen”
Division 2 -- Redemption and sale of goods
- 49 Term used in this Division
- 50 When goods may be redeemed
- 51 Where pawned goods to be kept
- 52 When goods to be redeemed
- 53 When goods not to be redeemed
- 54 Redemption only to holder of pawn ticket
- 55 Sale of unredeemed goods
- 56 Unredeemed goods not to be bought by or on behalf of pawnbroker
- 57 Application of proceeds of sale
- 58 Records to be made on sale of unredeemed goods
- 59 Notice as to surplus
- 60 Payment of surplus on demand
Division 3 -- Retention of second-hand goods
Division 4 -- Other matters relating to contracts with pawnbrokers and second-hand dealers
- 63 Pawnbroker not to charge establishment fee
- 64 Re-pledging of goods prohibited
- 65 No contracting out of liability for loss or damage
- 66 Buyer may be compensated
- 67 Certain rights etc. saved
- 68 Reopening pawnbroking contracts
- 69 Civil consequences of breach of section
- 70 Civil consequences of breach of section
- 71 Criminal liability
- 72 Breach does not otherwise vitiate contract
- 73 Relief from sections 69 and
PART 4 -- Enforcement
- 74 Entry to and inspection of licensed premises without warrant
- 75 Assistance in the location of goods at licensed premises
- 76 Provision of, and assistance in relation to, records etc.
- 77 Police may seize records for certain purposes
- 78 Police to be informed in certain circumstances
- 79 Information about goods to be given to Commissioner in accordance with regulations
- 80 Notice to stop dealing
- 81 Seizure of goods suspected stolen
- 82 Name and address
- 83 Power of pawnbrokers, dealers etc. to arrest
- 84 Offence of hindering police
- 85 Summary orders where goods stolen, pawned etc.
- 86 Summary orders where competing claims to goods
- 87 Procedure for sections 85 and 88. Licensee’s liability for employees, agents
- 89 Liability of partners and bodies corporate
- 90 Infringement notices
PART 5 -- Miscellaneous
- 91 Delegation by Commissioner
- 92 Financial Management Act 2006 and Auditor General Act 2006
- 93 Orders to enable redemption of goods where licence revoked etc.
- 94 Service
- 95 Secrecy
- 96 Protection from liability
- 97 Evidentiary provisions
- 98 Regulations Other notes Defined terms
and for related purposes.