Western Australian Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994

TABLE OF PROVISIONS

           Long Title

   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  

   34.     Courts may suspend, revoke licence or disqualify person upon conviction  
   35.     Returns by courts  

           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  

   61.     Second-hand goods to be kept unchanged at least 14 days  
   62.     Where second-hand goods to be kept  

           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 6  
   70.     Civil consequences of breach of section 42  
   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, bodies corporate and officers  
   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  
           Compilation table