Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) For the purposes
of section 79(a), a pawnbroker is to give the Commissioner the
information referred to in section 41(a) to (f) in relation to each of
the goods in the possession of the pawnbroker.
(2) For the purposes
of section 79(a), a second-hand dealer is to give the Commissioner the
information referred to section 43(a) to (f) in relation to each of the
goods in the possession of the dealer.
(3) Nothing in
subregulation (2) requires a second-hand dealer to give the Commissioner
information about goods that the dealer has obtained —
(a) from
outside of Western Australia;
(b) at
an auction within the meaning of the Auction Sales Act 1973 where the
auctioneer is acting in accordance with a licence issued under that Act to, or
for the benefit of, the auctioneer;
(c) from
a licensee; or
(d) from
a public authority.
(4) For the purposes
of section 79(c), a person who is a pawnbroker only or a pawnbroker and a
second-hand dealer is to send the information referred to in
subregulation (1) or (2), as the case requires, to the Commissioner by
way of an electronic file transfer service the computer software for
which —
(a) has
been provided by the Department (free of charge), or is approved by the
Commissioner, for that purpose; and
(b) is
operated by means of an IBM compatible computer with a dial-up modem, the type
and specifications of both of which are approved by the Commissioner.
(5) For the purposes
of section 79(c), a person who is a second-hand dealer but not a
pawnbroker is to send the information referred to in subregulation (2) to
the Commissioner —
(a) by
way of the means specified in subregulation (4); or
(b) by
way of transmission by facsimile machine to the number specified by the
Commissioner from time to time,
and, subject to
subregulations (5a) and (5b), the person may elect to use the means
referred to in paragraph (a) or (b).
(5a) An election
referred to in subregulation (5) must be made when a second-hand dealer
applies for the issue of a licence under section 13 or the renewal of a
licence under section 15, or in accordance with subregulations (5b)
and (5c).
(5b) When an election
referred to in subregulation (5) has been made by a second-hand dealer,
another election cannot be made by the dealer during the licence period
unless —
(a) the
election is approved by a licensing officer; and
(b) the
second-hand dealer pays —
(i)
an administration fee of $25.00; or
(ii)
if the election would result in the second-hand dealer
using the means referred to in subregulation (5)(b) — the fee
to which subregulation (5c) applies.
(5c) This
subregulation applies to the fee that is the greater of —
(a)
$25.00; or
(b) an
amount equal to the difference between the appropriate fees in items 2 and 3
of the Table to regulation 28 or 29, as the case requires, reduced
proportionately according to the number of whole months of the licence period
remaining at the time the election is made.
(6) For the purposes
of section 79(d), a pawnbroker or second-hand dealer is to send the
information referred to in subregulation (1) or (2), as the case
requires, to the Commissioner within 24 hours from the end of the day
(midnight) during which the contract in relation to the goods was entered
into.
(7)
Subregulations (1), (4) and (6) do not apply to a person —
(a) who
is the holder of a licence which had been issued under the Pawnbrokers
Act 1860 5 and to which clause 3 of Schedule 1 of the
Pawnbrokers and Second-hand Dealers Act 1994 applies; and
(b) who
has not yet applied for and been issued with a pawnbroker’s licence
under the Pawnbrokers and Second-hand Dealers Act 1994 .
(8)
Subregulations (2), (4), (5) and (6) do not apply to a
person —
(a) who
is the holder of a licence which had been issued under the Second-hand Dealers
Act 1906 5 and to which clause 3 of Schedule 1 of the
Pawnbrokers and Second-hand Dealers Act 1994 applies; and
(b) who
has not yet applied for and been issued with a second-hand dealer’s
licence under the Pawnbrokers and Second-hand Dealers Act 1994 .
[Regulation 15 amended in Gazette
28 Jul 2000 p. 4023-4.]
[Part 5 (r. 16-27) deleted in Gazette 30 Dec 2004 p. 6975.]