Version No. 070
Second-Hand Dealers and Pawnbrokers Act
1989
No. 54 of 1989
Version incorporating amendments as at
17 March 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
4
1
Purposes
Commencement
Definitions
Application
1
1
2
7
PART 2—REGISTRATION
9
Division 1—General
9
5
Second-hand dealers and pawnbrokers to be registered
6
Eligibility for registration
7
Application for registration
7A Application for endorsement
8
Investigation of application
8A Consideration of application
8B Authority may impose conditions
8C Notation of condition on certificate of registration
9
Registration
9AA Endorsement
9A Notice of decision
9B Application for review
10
Automatic cancellation of registration
10A Permission to be registered or to continue to be registered
10B Conditions on permission
11
Annual registration fee and statement
11AA
Annual endorsement fee
11A Failure to comply with section 11
11B Return of certificates of registration
11C Surrender of registration or endorsement
12
Notification of changes
12A Address for notices
i
9
10
12
13
14
15
16
16
17
17
18
18
19
21
23
23
24
24
25
25
26
26
Section
13
14
15
16
17
18
Page
Register
Correction of the register
Repealed
Offences
Display of current registration certificate
Death, disability etc. of registered person
Division 2—Disciplinary action
18A
18B
18C
18D
31
Disciplinary action
Determination of disciplinary measures by Tribunal
Effect of suspension
Suspended and cancelled certificates of registration must be
returned
PART 3—CONDUCT OF BUSINESS
19
20
21
21A
22
23
23A
27
27
28
28
29
29
Identifying persons selling or pawning goods
Recording transactions
Retention of goods for seven days
Recording storage location of goods
Co-operation with police
Contracts for pawning goods
Return of residual equity in unredeemed goods that are sold
PART 4—DISPUTES AS TO THE OWNERSHIP OF GOODS
24
Magistrates' Courts to determine disputes
24A Offence of failing to comply with court order
24B Sign to be displayed
31
32
35
35
36
36
37
37
37
37
38
40
43
43
45
45
PART 5—ENFORCEMENT
46
Division 1—General
46
25
26
Police powers generally
Notice to stop dealings in goods suspected of having been
stolen
Division 2—Enforcement—pawnbrokers
26A
26B
26C
26D
26E
Definition
Production of identity card
Documents available for inspection
Specified persons to produce documents and answer questions
Third parties to produce documents and answer questions
relating to endorsed pawnbroker's business
26F Department Heads, police and public authorities to produce
information to inspectors
26G Certain other specified persons or bodies to produce
information
ii
46
47
48
48
48
48
49
50
51
51
Section
Page
26H Powers on production of documents
26I Order requiring supply of information and answers to
questions
26J Entry or search with consent
26K Entry without consent or warrant
26L Search warrants
26M Announcement before entry
26N Details of warrant to be given to occupier
26O Seizure of things not mentioned in the warrant
26P Embargo notice
26Q Copies of seized documents
26R Retention and return of seized documents or things
26S Magistrates' Court may extend 3 month period
26T Requirement to assist inspector during entry
26U Refusal or failure to comply with requirement
26V Rule against self-incrimination does not apply
26W Offence to give false or misleading information
26WA Powers of court if requirement to produce information
not complied with
26X Application of provisions relating to inspections
26Y Service of documents
26Z Confidentiality
Division 3—Infringement notices
PART 6—GENERAL
64
64
65
65
66
66
66
67
67
68
Service
Delegation by Director
Production of information to Authority
Rule against self-incrimination does not apply
Verification of details supplied to the Authority
Extended time for prosecutions
Who may bring proceedings for offences?
Evidentiary provisions
Application of Fair Trading Act 1999
Regulations
Repealed
PART 7—Repealed
33–36
53
54
56
57
58
59
59
60
61
61
62
62
63
63
63
66
26ZA
Definition
26ZB
Power to serve a notice
26ZC
Form of notice
26ZD, 26ZE Repealed
26ZF
Further proceedings concerning infringement notices
27
28
28A
28B
28C
28D
28E
29
30
31
32
52
68
69
69
70
70
70
70
71
71
72
74
74
Repealed
74
__________________
iii
Section
Page
SCHEDULE
75
═══════════════
ENDNOTES
76
1. General Information
76
2. Table of Amendments
77
3. Explanatory Details
82
INDEX
83
iv
Version No. 070
Second-Hand Dealers and Pawnbrokers Act
1989
No. 54 of 1989
Version incorporating amendments as at
17 March 2011
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to provide for the regulation of second-hand
dealers and pawnbrokers; and
S. 1(a)
amended by
No. 93/2001
s. 4(a).
(b) to facilitate and expedite the recovery of
stolen goods from second-hand dealers and
pawnbrokers; and
S. 1(b)
amended by
No. 93/2001
s. 4(b).
(c) to enhance protection of consumers dealing
with second-hand dealers and pawnbrokers.
S. 1(c)
inserted by
No. 93/2001
s. 4(c).
2 Commencement
(1) This Act (apart from section 35(6) and (7)) comes
into operation on a day to be proclaimed.
(2) Section 35(6) and (7) comes into operation at the
same time as Part 2 of the Magistrates' Court
Act 1989.
1
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 1—Preliminary
s. 3
3 Definitions
(1) In this Act—
S. 3(1) def. of
associate
inserted by
No. 44/1997
s. 36(1)(a),
amended by
Nos 101/1998
s. 12(a)
27/2001
s. 8(Sch. 6
item 7.1(b)).
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;
S. 3(1) def. of
auctioneer
inserted by
No. 84/2001
s. 12(1).
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.
S. 3(1) def. of
Authority
inserted by
No. 52/1998
s. 249(1).
Authority means the Business Licensing
Authority established under the Business
Licensing Authority Act 1998;
S. 3(1) def. of
computer
inserted by
No. 82/2008
s. 20.
computer means a machine that is capable of
recording or storing information
electronically;
2
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 1—Preliminary
s. 3
Consumer Act has the same meaning as it has in
the Fair Trading Act 1999;
S. 3(1) def. of
Consumer
Act
inserted by
No. 93/2001
s. 5.
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;
S. 3(1) def. of
Director
inserted by
No. 52/1998
s. 249(1),
substituted by
No. 17/1999
s. 46.
disqualifying offence means an offence involving
fraud, dishonesty, violence or drug
trafficking punishable on conviction by—
S. 3(1) def. of
disqualifying
offence
inserted by
No. 44/1997
s. 36(1)(a).
(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
3
S. 3(1) def. of
domestic
partner
inserted by
No. 27/2001
s. 8(Sch. 6
item 7.1(a)),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 55.1).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 1—Preliminary
s. 3
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);
S. 3(1) def. of
endorsed
pawnbroker
inserted by
No. 93/2001
s. 5.
endorsed pawnbroker means a person whose
registration is endorsed under Part 2;
S. 3(1) def. of
endorsement
inserted by
No. 93/2001
s. 5.
endorsement means endorsement under Part 2 to
carry on business as a pawnbroker;
S. 3(1) def. of
externallyadministered
corporation
inserted by
No. 44/1997
s. 36(1)(a),
substituted as
externallyadministered
body
corporate by
No. 101/1998
s. 12(b),
amended by
No. 44/2001
s. 3(Sch.
item 101.1).
externally-administered body corporate has the
same meaning as in the Corporations Act;
S. 3(1) def. of
financial
institution
inserted by
No. 93/2001
s. 5.
financial institution means—
(a) an authorised deposit-taking institution
within the meaning of the Banking Act
1959 of the Commonwealth; or
4
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 1—Preliminary
s. 3
(b) a body approved by the Governor in
Council by order published in the
Government Gazette;
*
*
*
*
*
S. 3(1) def. of
insolvent
under
administration
inserted by
No. 44/1997
s. 36(1)(a),
substituted by
No. 101/1998
s. 12(c),
repealed by
No. 4/2008
s. 32(Sch.
item 30).
inspector means an inspector appointed under the
Fair Trading Act 1999;
S. 3(1) def. of
inspector
inserted by
No. 93/2001
s. 5.
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;
S. 3(1) def. of
occupier
inserted by
No. 93/2001
s. 5.
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;
S. 3(1) def. of
registered
second-hand
dealer
inserted by
No. 93/2001
s. 5.
Registrar means the Registrar of the Authority
appointed under the Business Licensing
Authority Act 1998;
S. 3(1) def. of
Registrar
inserted by
No. 52/1998
s. 249(1).
registration means registration under Part 2 to
carry on business as a second-hand dealer;
S. 3(1) def. of
registration
inserted by
No. 93/2001
s. 5.
5
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 1—Preliminary
s. 3
S. 3(1) def. of
second-hand
dealer
amended by
No. 44/1997
s. 36(1)(b).
second-hand dealer means a person who carries
on the business of buying, selling,
exchanging or otherwise dealing in secondhand 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;
S. 3(1) def. of
Secretary
inserted by
No. 44/1997
s. 36(1)(a),
repealed by
No. 52/1998
s. 249(2).
S. 3(1) def. of
spouse
inserted by
No. 27/2001
s. 8(Sch. 6
item 7.1(a)).
S. 3(1) def. of
Tribunal
inserted by
No. 52/1998
s. 249(1).
*
*
*
*
*
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—
S. 3(2)(a)
amended by
No. 44/1997
s. 36(2).
(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
6
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 1—Preliminary
s. 4
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
S. 3(3)
inserted by
No. 27/2001
s. 8(Sch. 6
item 7.2),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 55.2).
(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.
4 Application
Nothing in this Act applies to—
(a) an auctioneer acting in his or her capacity as
auctioneer; or
(aa) any goods acquired by an auctioneer for the
purpose of auction for so long as they are in
his or her possession in his or her capacity as
auctioneer; or
S. 4(a)
substituted by
No. 84/2001
s. 12(2).
S. 4(aa)
inserted by
No. 84/2001
s. 12(2).
(b) a licensed firearms dealer or a firearm within
the meaning of the Firearms Act 1996; or
S. 4(b)
substituted by
No. 66/1996
s. 206.
(c) a person conducting a fundraising appeal
within the meaning of and as permitted by
the Fundraising Act 1998; or
S. 4(c)
amended by
Nos 78/1998
s. 73(2),
2/2009 s. 24.
7
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 1—Preliminary
s. 4
(d) goods subject to a hire-purchase agreement
or a bailment; or
S. 4(e)
amended by
Nos 74/1996
s. 54(1),
44/1997 s. 37.
(e) persons or goods exempted under the
regulations from the application of the whole
or any provision of this Act or the
regulations; or
S. 4(f)
inserted by
No. 74/1996
s. 54(1).
(f) a licensed motor car trader under the Motor
Car Traders Act 1986 in buying, selling,
exchanging or otherwise dealing in a motor
car (within the meaning of that Act) in
accordance with that Act.
_______________
8
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 5
PART 2—REGISTRATION
Division 1—General
5 Second-hand dealers and pawnbrokers to be
registered
(1) Subject to this Act, a person must not, either alone
or in partnership, carry on business as a secondhand dealer unless the person is registered as a
second-hand dealer under this Part.
Pt 2
(Heading and
ss 5–18)
amended by
No. 74/1996
s. 54(2),
substituted as
Pt 2
(Heading and
ss 5–16) by
No. 44/1997
s. 38.
Pt 2 Div. 1
(Heading)
inserted by
No. 93/2001
s. 6.
S. 5
substituted by
No. 44/1997
s. 38.
S. 5(1)
amended by
No. 93/2001
s. 7(1).
Penalty: 100 penalty units.
(1A) Subject to this Act, a person must not, either alone
or in partnership, carry on business as a
pawnbroker unless—
(a) the person is registered as a second-hand
dealer under this Part; and
(b) the person is authorised to carry on business
as a pawnbroker by endorsement of their
registration under this Part.
Penalty: 100 penalty units.
9
S. 5(1A)
inserted by
No. 93/2001
s. 7(2).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 6
(2) Despite subsection (1), a person who holds a
motor car trader's licence under the Motor Car
Traders Act 1986 may buy, sell, exchange or
otherwise deal in second-hand goods that are
motor car parts without being registered under this
Part, but must in all other respects comply with
this Act.
S. 6
substituted by
No. 44/1997
s. 38,
amended by
No. 52/1998
s. 250,
substituted by
No. 101/1998
s. 13.
S. 6(1)
amended by
No. 93/2001
s. 8(1).
6 Eligibility for registration
(1) A person is not eligible to be registered or for an
endorsement of the registration under this Part
if—
(a) the person or, if the person is a body
corporate, a director of the person, is a
represented person within the meaning of the
Guardianship and Administration Act
1986; or
(b) the person is an insolvent under
administration or an externally-administered
body corporate.
S. 6(2)
amended by
No. 93/2001
s. 8(2)(a).
(2) Unless a person obtains the Authority's permission
under section 10A, the person is not eligible to be
registered or for an endorsement of the
registration under this Part if—
(a) the person or an associate of the person or, if
the person is a body corporate, a director or
an associate of a director of the person has,
within the preceding 5 years in Australia or
elsewhere, been convicted or found guilty of
a disqualifying offence; or
10
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 6
(ab) a body corporate has, within the preceding
5 years in Australia or elsewhere, been
convicted or found guilty of a disqualifying
offence and the person was a director of the
body corporate at the time the disqualifying
offence was committed; or
S. 6(2)(ab)
inserted by
No. 93/2001
s. 8(2)(b).
(b) the person or an associate of the person or, if
the person is a body corporate, a director or
an associate of a director of the person has
carried on any occupation, profession or
business that is regulated under any
enactment of Victoria or of the
Commonwealth or of another State or a
Territory of Australia and under that
enactment—
(i) the person's licence, registration or
permission to carry on that occupation,
profession or business is suspended; or
(ii) the person's licence, registration or
permission to carry on that occupation,
profession or business has been
cancelled at any time in the preceding
5 years; or
(iii) the person is disqualified from carrying
on that occupation, profession or
business or has been so disqualified at
any time in the preceding 5 years; or
(ba) a body corporate has carried on any
occupation, profession or business that is
regulated under any enactment of Victoria or
of the Commonwealth or of another State or
a Territory of Australia and under that
enactment—
11
S. 6(2)(ba)
inserted by
No. 93/2001
s. 8(2)(c).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 7
(i) the body corporate's licence,
registration or permission to carry on
that occupation, profession or business
is suspended; or
(ii) the body corporate's licence,
registration or permission to carry on
that occupation, profession or business
has been cancelled at any time in the
preceding 5 years; or
(iii) the body corporate is disqualified from
carrying on that occupation, profession
or business or has been so disqualified
at any time in the preceding 5 years—
and the person was a director of the body
corporate at the time of the conduct which
resulted in the suspension, cancellation or
disqualification; or
(c) an associate of the person or, if the person is
a body corporate, a director or an associate
of a director of the person is an insolvent
under administration or an externallyadministered body corporate.
S. 7
substituted by
No. 44/1997
s. 38.
S. 7(1)
amended by
No. 52/1998
s. 251(1).
7 Application for registration
(1) An application for registration as a second-hand
dealer may be made to the Authority.
(2) An application must be—
S. 7(2)(a)
amended by
No. 52/1998
s. 251(1).
(a) in writing in or to the effect of the form
approved by the Authority and must be
verified by statutory declaration; and
12
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 7A
(b) accompanied by evidence as to the identity
of—
(i) the applicant; or
(ii) if the applicant is a body corporate, the
directors of the applicant—
by means of a birth certificate, passport (if
the passport is current or expired for not
more than 2 years), driver licence or any
other document in one of the prescribed
categories; and
(c) accompanied by the prescribed fee; and
(d) lodged with the Authority not less than
1 month before the day on which the
applicant proposes to commence business as
a second-hand dealer.
(3) If before an application is determined the
applicant becomes aware of a change that has
occurred in the information provided at any time
by the applicant in, or in relation to, the
application, the applicant must within 7 days after
becoming so aware give particulars of the change
to the Authority.
S. 7(2)(d)
amended by
Nos 52/1998
s. 251(1),
93/2001 s. 9,
substituted by
No. 106/2003
s. 28(1).
S. 7(3)
inserted by
No. 52/1998
s. 251(2).
Penalty: 10 penalty units.
7A Application for endorsement
(1) A registered second-hand dealer or an applicant
for registration as a second-hand dealer may apply
to the Authority for an endorsement of the
registration authorising the holder to carry on
business as a pawnbroker.
(2) An application under subsection (1)—
(a) must be in writing in or to the effect of the
form approved by the Authority; and
13
S. 7A
inserted by
No. 93/2001
s. 10.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 8
(b) may be made in conjunction with an
application for registration or at any other
time.
(3) If, before an application is determined, the
applicant becomes aware of a change that has
occurred in the information provided at any time
by the applicant in, or in relation to, the
application, the applicant must, within 7 days after
becoming so aware, give particulars of the change
to the Authority.
Penalty: 10 penalty units.
S. 8
substituted by
No. 44/1997
s. 38.
S. 8(1)
substituted by
No. 52/1998
s. 252(1),
amended by
No. 93/2001
s. 11.
S. 8(1A)
inserted by
No. 52/1998
s. 252(1).
S. 8(2)
amended by
No. 52/1998
s. 252(2)(a)(b).
8 Investigation of application
(1) On receiving an application for registration as a
second hand dealer or an application for
endorsement as a pawnbroker, the Authority,
except in the prescribed circumstances, must refer
any details of the application that the Authority
considers relevant to the Director and the Chief
Commissioner of Police.
(1A) The Director may inquire into and report to the
Authority on the application.
(2) The Chief Commissioner of Police must, not more
than 14 days after receipt of details of the
application by the Commissioner, enquire into and
report to the Authority on the criminal record, if
any, of—
(a) the applicant;
(b) if the applicant is a body corporate, the
directors of the applicant;
(c) the associates, if any, of the applicant.
14
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 8A
(3) A report may include recommendations.
8A Consideration of application
(1) In considering an application for registration or
endorsement, the Authority may—
S. 8(3)
inserted by
No. 52/1998
s. 252(3).
S. 8A
inserted by
No. 52/1998
s. 253.
S. 8A(1)
amended by
No. 93/2001
s. 12(1).
(a) conduct any inquiries it thinks fit;
(b) require an applicant to provide any further
information that the Authority thinks fit in
the manner required by the Authority;
(c) seek advice and information on the
application from any other person or body as
it thinks fit.
(2) The Authority may engage or appoint any person
to assist it in considering an application.
(3) The Authority may refuse—
(a) to register an applicant; or
S. 8A(3)
substituted by
No. 93/2001
s. 12(2).
(b) to endorse a registration—
if the applicant for registration or endorsement, as
the case may be, does not provide the further
information required within a reasonable time of
the requirement being made.
(4) The Authority is not required to conduct a hearing
to determine whether—
(a) to register an applicant or refuse to register
an applicant; or
(b) to endorse a registration or refuse to endorse
a registration.
15
S. 8A(4)
substituted by
No. 93/2001
s. 12(2).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 8B
S. 8B
inserted by
No. 93/2001
s. 13.
8B Authority may impose conditions
(1) The Authority may—
(a) impose conditions that must be complied
with before it registers, or endorses the
registration of, an applicant;
(b) on registering, or endorsing the registration
of, an applicant or at any other time, impose
conditions in respect of the registration, or
endorsement of the registration, of a person;
(c) at any time on the application of any person
or of its own motion, vary or revoke any
conditions previously imposed.
(2) A person registered under this Part must comply
with any conditions imposed in respect of the
registration or endorsement of the registration.
Penalty: 100 penalty units.
S. 8B(3)
amended by
Nos 106/2003
s. 28(2),
10/2004
s. 15(Sch. 1
item 26.1).
S. 8C
inserted by
No. 93/2001
s. 13.
(3) An application under subsection (1)(c), other than
an application by the Director or the Chief
Commissioner of Police, must be accompanied by
the prescribed fee or, if no fee is prescribed,
15 fee units.
8C Notation of condition on certificate of registration
(1) If a condition in respect of the registration, or
endorsement of the registration, of a person
registered under this Part is imposed, varied or
revoked under section 8B or 18B(1)(f), the
Authority may require the person to produce the
certificate of registration for notation of the
condition or the variation or revocation of the
condition.
16
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 9
(2) A person registered under this Part must comply
with the requirement under subsection (1).
Penalty: 10 penalty units.
S. 9
substituted by
No. 44/1997
s. 38.
9 Registration
S. 9(1)
amended by
No. 52/1998
s. 254(1),
substituted by
No. 93/2001
s. 14.
(1) The Authority must register an applicant as a
second-hand dealer unless the applicant—
(a) is not eligible under section 6 to be so
registered; or
(b) has not complied with any conditions
imposed under section 8B(1)(a).
(2) A registration remains in force until it is cancelled
or surrendered.
*
*
*
*
*
9AA Endorsement
(1) The Authority must, on application, endorse a
registration authorising the applicant to carry on
business as a pawnbroker if satisfied that—
(a) the applicant is not ineligible under section 6
for an endorsement of the registration; and
(b) the applicant has complied with any
conditions imposed under section 8B(1)(a);
and
(c) the initial endorsement fee has been paid to
the Authority.
17
S. 9(3)
amended by
No. 52/1998
s. 254(1),
repealed by
No. 52/1998
s. 254(2).
S. 9AA
inserted by
No. 93/2001
s. 15.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 9A
(2) For the purposes of subsection (1)(c), the initial
endorsement fee is the amount of the annual
endorsement fee provided for under section 11AA
calculated pro rata from the date of endorsement
to the date on which the annual registration fee is
payable under section 11(1).
(3) An endorsement remains in force until it is
cancelled or surrendered.
S. 9A
inserted by
No. 52/1998
s. 255.
9A Notice of decision
S. 9A(1)
amended by
No. 93/2001
s. 16(1).
(1) If the Authority refuses to register an applicant or
refuses to endorse the registration of an applicant,
the Authority must notify the applicant in writing
of the refusal within 14 days after that refusal.
S. 9A(2)
amended by
No. 93/2001
s. 16(2).
(2) If the Authority registers an applicant or endorses
the registration of an applicant, the Authority must
as soon as practicable notify the applicant in
writing of that decision.
S. 9B
inserted by
No. 52/1998
s. 255.
S. 9B(1)
substituted by
No. 101/1998
s. 14.
9B Application for review
(1) A person whose interests are affected by a
decision of the Authority—
(a) in respect of an application for registration
under this Part; or
S. 9B(1)(ab)
inserted by
No. 93/2001
s. 17(1).
(ab) in respect of an application for endorsement
of a registration under this Part; or
S. 9B(1)(ac)
inserted by
No. 93/2001
s. 17(1).
(ac) to impose, vary or revoke a condition in
respect of registration or endorsement under
this Part; or
18
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 10
(b) in respect of an application for permission
under section 10A; or
(c) to impose, vary or revoke a condition of a
permission; or
S. 9B(1)(c)
amended by
No. 93/2001
s. 17(2)(a).
(d) in respect of an application for permission
under section 18 or any limitation on or
condition of such a permission—
S. 9B(1)(d)
inserted by
No. 93/2001
s. 17(2)(b).
may apply to the Tribunal for review of the
decision.
(2) An application for review must be made within
28 days after the later of—
(a) the day on which the decision is made; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
10 Automatic cancellation of registration
(1) A person's registration under this Part is
automatically cancelled if—
(a) the person or, if the person is a body
corporate, a director of the person, becomes
a represented person within the meaning of
the Guardianship and Administration Act
1986; or
(b) the person becomes an insolvent under
administration or an externally-administered
body corporate.
19
S. 10
substituted by
No. 44/1997
s. 38,
amended by
No. 52/1998
s. 256,
substituted by
No. 101/1998
s. 15.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 10
(2) Subject to subsection (4), a person's registration
under this Part is automatically cancelled 30 days
after—
(a) the person or an associate of the person or, if
the person is a body corporate, a director or
an associate of a director of the person is
convicted or found guilty of a disqualifying
offence; or
(b) the person or an associate of the person or, if
the person is a body corporate, a director or
an associate of a director of the person—
(i) carries on any occupation, profession or
business that is regulated under any
enactment of Victoria or of the
Commonwealth or of another State or a
Territory of Australia; and
(ii) under that enactment has a licence,
registration or permission to carry on
that occupation, profession or business
suspended or cancelled or is otherwise
disqualified from carrying on that
profession, occupation or business; or
S. 10(2)(c)
amended by
No. 93/2001
s. 18(a).
(c) an associate of the person or, if the person is
a body corporate, a director or an associate
of a director of the person becomes an
insolvent under administration or an
externally-administered body corporate; or
S. 10(2)(d)
inserted by
No. 93/2001
s. 18(b).
(d) the person is notified in writing by the
Authority that an associate of the person or,
if the person is a body corporate, a director
or an associate of a director of the person
would, if the associate or director were to
apply for registration under this Part, be
ineligible to be so registered.
20
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 10A
(3) For the purposes of subsection (2)(a), a conviction
or finding of guilt takes effect at the conclusion of
the proceedings, whether on appeal or otherwise,
or at the end of any appeal period, whichever is
the later.
(4) If a person whose registration would otherwise be
cancelled by subsection (2) applies for permission
under section 10A within the 30 day period
referred to in that subsection, the person's
registration is only automatically cancelled if the
application is withdrawn or refused by the
Authority.
10A Permission to be registered or to continue to be
registered
(1) A person who would otherwise be ineligible to be
registered because of section 6(2) may apply to
the Authority for permission to be registered.
S. 10A
inserted by
No. 101/1998
s. 15.
(2) A person whose registration would otherwise be
cancelled by section 10(2) may apply to the
Authority for permission to continue to be
registered.
(3) An application for permission must be—
(a) in a form approved by the Authority; and
(b) accompanied by the prescribed fee or, if no
fee is prescribed, 15 fee units.
(4) The Authority may give its permission if it is
satisfied—
(a) that it is not contrary to the public interest for
it to do so; and
(b) if the person is ineligible for registration, or
would have their registration cancelled, by
reason of a suspension, cancellation or
21
S. 10A(3)(b)
amended by
Nos 106/2003
s. 28(3),
10/2004
s. 15(Sch. 1
item 26.2).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 10A
disqualification in respect of an occupation,
profession or business, that special
circumstances led to the suspension,
cancellation or disqualification; and
(c) if the person is ineligible for registration, or
would have their registration cancelled, by
reason of a conviction or finding of guilt of a
disqualifying offence, that—
(i) the offence was not related to conduct
carried out by the person—
(A) while engaging in the business of
a second-hand dealer or
pawnbroker; or
(B) as a director of a body corporate
that engages in the business of a
second-hand dealer or
pawnbroker; and
(ii) special circumstances led to the
offence.
(5) In considering an application under this section,
the Authority may—
(a) conduct any inquiries it thinks fit;
(b) require the applicant to provide any further
information that the Authority thinks fit in
the manner required by the Authority;
(c) seek advice and information on the
application from any other person or body as
it thinks fit.
(6) The Authority may refuse to give permission if
the applicant does not provide the further
information required within a reasonable time of
the requirement being made.
(7) The Authority is not required to conduct a hearing
to determine whether or not to give permission.
22
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 10B
10B Conditions on permission
(1) In giving permission under section 10A, the
Authority may impose any conditions it considers
appropriate to ensure the ongoing protection of the
public interest.
S. 10B
inserted by
No. 101/1998
s. 15.
(2) The Authority may at any time impose conditions
in respect of the permission or vary or revoke any
conditions previously imposed.
(3) A person to whom permission has been given
must comply with any conditions imposed in
respect of the permission.
Penalty: 100 penalty units.
11 Annual registration fee and statement
(1) A person registered under this Part must pay to the
Authority the prescribed annual registration fee on
the anniversary of the date that person was first
registered under this Part.
(2) An annual registration fee may be paid at any time
in the 6 weeks before it falls due.
(3) The payment must be accompanied by a statement
in respect of the year up to the date the payment is
made that is in a form approved by the Authority
and that is signed by the person registered under
this Part.
(4) The statement must contain any information and
be accompanied by any documents required by the
Authority.
23
S. 11
substituted by
Nos 44/1997
s. 38, 52/1998
s. 257.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 11AA
S. 11AA
inserted by
No. 93/2001
s. 19.
S. 11AA(1)
substituted by
No. 106/2003
s. 28(4),
amended by
No. 10/2004
s. 15(Sch. 1
item 26.3).
S. 11AA(1A)
inserted by
No. 106/2003
s. 28(4).
11AA Annual endorsement fee
(1) A person whose registration is endorsed under this
Part must pay to the Authority the prescribed
annual endorsement fee or, if no fee is prescribed,
an annual endorsement fee of 40 fee units.
(1A) The annual endorsement fee must be paid on the
same date as the annual registration fee is payable
under section 11(1).
(2) An annual endorsement fee may be paid at any
time in the 6 weeks before it falls due.
S. 11A
inserted by
No. 52/1998
s. 257.
S. 11A(1)
amended by
No. 93/2001
s. 20(1)(a)–(c).
11A Failure to comply with section 11
(1) If a person fails to comply with section 11 or
11AA, the Authority must give the person a
written notice stating that unless the person
complies with that section and also pays to the
Authority the late payment or lodgement fee by
the date specified in the notice, the person's
registration or endorsement, as the case may be,
will be cancelled.
(2) The date specified in the notice must be at least
14 days after the date on which the notice is given
to the person.
S. 11A(3)
amended by
No. 93/2001
s. 20(2)(a)(b).
(3) If the person has not complied with section 11 or
11AA and paid the late payment or lodgement fee
by the date specified in the notice, the registration
or endorsement, as the case may be, is
automatically cancelled.
24
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 11B
(4) The fee for late payment or lodgement is the
prescribed fee or, if no fee is prescribed, 2 fee
units.
11B Return of certificates of registration
Subject to section 18D, a person registered, or
whose registration is endorsed, under this Part
must return the certificate of registration to the
Authority within 7 days of—
S. 11A(4)
inserted by
No. 93/2001
s. 20(3),
substituted by
No. 106/2003
s. 28(5),
amended by
No. 10/2004
s. 15(Sch. 1
item 26.4).
S. 11B
inserted by
No. 52/1998
s. 257,
substituted by
No. 93/2001
s. 21.
(a) becoming aware of the cancellation of the
registration; or
(b) becoming aware of the cancellation of an
endorsement of the registration; or
(c) ceasing to carry on business as a secondhand dealer or pawnbroker.
Penalty: 25 penalty units.
11C Surrender of registration or endorsement
(1) Subject to subsection (3), a person registered
under this Part may at any time by notice in
writing to the Authority, surrender the
registration.
(2) Subject to subsection (3), a person whose
registration is endorsed under this Part may at any
time by notice in writing to the Authority,
surrender the endorsement.
25
S. 11C
inserted by
No. 93/2001
s. 22.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 12
(3) If an application has been made to the Tribunal
under section 18A for an inquiry in relation to the
registration of a person, the person may not,
without leave of the Tribunal, surrender the
registration unless the Tribunal has determined to
take action under section 18B or has determined
not to take any such action.
(4) A person who surrenders a registration or an
endorsement of a registration must return the
certificate of registration to the Authority within
14 days of surrender.
Penalty: 10 penalty units.
S. 12
substituted by
No. 44/1997
s. 38,
amended by
Nos 52/1998
s. 258, 93/2001
s. 23.
12 Notification of changes
If a person registered, or whose registration is
endorsed, under this Part—
(a) changes business premises; or
(b) in the case of a body corporate, changes
directors; or
(c) changes associates; or
(d) ceases business as a second-hand dealer or
pawnbroker—
the person must give notice in writing to the
Authority within 7 days after the change or
cessation.
Penalty: 10 penalty units.
S. 12A
inserted by
No. 93/2001
s. 24.
12A Address for notices
(1) A person registered, or whose registration is
endorsed, under this Part must give written notice
to the Authority of an address to which all
communications and notices from the Authority
may be sent to the person.
26
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 13
(2) Any change in the address must be promptly
notified in writing to the Authority.
(3) This section does not derogate from section 27.
S. 13
substituted by
No. 44/1997
s. 38.
13 Register
(1) The Registrar must cause a register to be kept of
all persons registered under this Part containing
particulars of endorsements, if any, under this Part
and the prescribed particulars.
S.13(1)
amended by
Nos 52/1998
s. 259(1)(a),
93/2001
s. 25(1).
(2) The register may be inspected at the office of the
Authority by any person during ordinary office
hours without charge.
S. 13(2)
amended by
No. 52/1998
s. 259(1)(b).
(3) A person may obtain—
S. 13(3)
substituted by
No. 93/2001
s. 25(2).
(a) a copy of the register; or
(b) a copy of an entry in the register; or
(c) a copy of a page in the register—
on payment of the fee prescribed for that type of
copy.
14 Correction of the register
(1) The Registrar may correct an error or omission in
the register by—
(a) inserting an entry; or
(b) amending an entry; or
(c) omitting an entry—
if the Registrar is satisfied that the register
contains an error.
27
S. 14
substituted by
No. 44/1997
s. 38.
S. 14(1)
amended by
No. 52/1998
s. 259(2)(a).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 16
S. 14(2)
amended by
No. 52/1998
s. 259(2)(a).
(2) The Registrar may make the correction on his or
her initiative or on the application of any person.
S. 14(3)
amended by
Nos 52/1998
s. 259(2)(a),
93/2001 s. 26.
(3) The Registrar must notify the person registered of
any correction made under this section that affects
the registration or endorsement of the registration.
S. 14(4)
amended by
No. 52/1998
s. 259(2)(b)(c).
(4) A person may apply to the Tribunal for review of
the Registrar's decision concerning correction of
the register.
S. 14(5)
amended by
No. 52/1998
s. 259(2)(a)(d).
(5) The Registrar must make any correction to the
register that is necessary to implement the
decision of the Tribunal.
S. 15
substituted by
No. 44/1997
s. 38,
repealed by
No. 52/1998
s. 260(1).
S. 16
substituted by
No. 44/1997
s. 38.
*
*
*
*
*
16 Offences
(1) A person must not knowingly or recklessly make
a false or misleading statement in or in connection
with an application, statement or notice under this
Part.
Penalty: 20 penalty units.
(2) An applicant for registration must not submit false
evidence of identity.
Penalty: 50 penalty units.
28
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 17
17 Display of current registration certificate
(1) A person who is carrying on business as a secondhand dealer or pawnbroker must display the
current certificate of registration or a copy of it in
a prominent position at each place at which
business is carried on pursuant to the registration
or endorsement.
S. 17
repealed by
No. 44/1997
s. 38,
new s. 17
inserted by
No. 93/2001
s. 27.
Penalty: 60 penalty units.
(2) A person who is carrying on business as a secondhand dealer or pawnbroker must not display a
certificate of registration or a copy of that
certificate if the registration or endorsement is not
in force.
Penalty: 60 penalty units.
18 Death, disability etc. of registered person
(1) The following persons may carry on the secondhand dealing or pawnbroking business of a person
who was registered under this Part for 30 days
after the person ceases to be registered—
(a) if the person dies, the executor named in the
person's will or the administrator of the
person's estate or any person who intends
applying for letters of administration in
relation to the person's estate;
(b) if the person becomes an insolvent under
administration, the assignee, trustee or
receiver of the person;
(c) if the person becomes a represented person
within the meaning of the Guardianship
and Administration Act 1986, the guardian
or administrator of the person or any person
nominated by the guardian or administrator;
29
S. 18
repealed by
No. 44/1997
s. 38,
new s. 18
inserted by
No. 93/2001
s. 27.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 18
(d) if the person becomes an externallyadministered body corporate, the liquidator,
official manager, receiver, receiver and
manager or other external administrator.
(2) If a person authorised to carry on a business
applies to the Authority within the 30 day period
for permission to carry on the business for a
longer period, the person may continue to carry on
the business until the Authority makes a decision
on the application.
(3) The Authority may grant an application if it is
satisfied that it is not contrary to the public
interest to do so.
(4) In granting its permission, the Authority may limit
it in any way it thinks appropriate and may impose
any conditions it thinks appropriate to ensure the
ongoing protection of the public interest.
(5) The Authority may at any time withdraw any
permission it has granted under this section or
limit, or impose, revoke or vary conditions on, any
such permission.
(6) A person who has been granted permission under
this section must comply with any limitation or
condition that applies to the permission.
Penalty: 50 penalty units.
(7) A person who carries on a second-hand dealing
business under this section is deemed, for the
purposes of this Act, to be a registered secondhand dealer on the same terms and conditions as
applied to the person who has ceased to be
registered.
(8) A person who carries on a pawnbroking business
under this section is deemed, for the purposes of
this Act to be an endorsed pawnbroker on the
same terms and conditions as applied to the
person who has ceased to be registered.
30
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 18A
Division 2—Disciplinary action
18A Disciplinary action
(1) The Chief Commissioner of Police may apply at
any time to the Tribunal to conduct an inquiry to
determine whether there are grounds for taking
action under section 18B against a registered
second-hand dealer.
(2) The Director or the Chief Commissioner of Police
may apply at any time to the Tribunal to conduct
an inquiry to determine whether there are grounds
for taking action under section 18B against an
endorsed pawnbroker.
(3) There are grounds for taking action under
section 18B against a person who is a registered
second-hand dealer or an endorsed pawnbroker
if—
(a) the person improperly obtained or is
improperly holding registration or
endorsement under this Part; or
(b) the person has contravened or failed to
comply with this Act or the regulations; or
(c) the person has been convicted or found
guilty of an offence against this Act or the
regulations; or
(d) the person's second-hand dealing or
pawnbroking business is being carried on in
a dishonest or unfair manner; or
(e) the person or a partner, director or officer of
the person has engaged in discreditable
conduct; or
31
Pt 2 Div. 2
(Heading and
ss 18A–18D)
inserted by
No. 93/2001
s. 28.
S. 18A
inserted by
No. 93/2001
s. 28.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 18B
(f) the effective control of the business to which
the registration relates is not, or is unlikely to
remain, with the person; or
(g) there has been a breach of a condition
imposed by the Authority on the person's
registration or endorsement.
(4) If an application for an inquiry is lodged under
subsection (1) or (2), the principal registrar of the
Tribunal must—
(a) send a copy of the application to the
registered second-hand dealer or the
endorsed pawnbroker; and
(b) advise the registered second-hand dealer or
the endorsed pawnbroker and the person
making the application in writing of when
and where the inquiry will be held.
(5) An inquiry must not start within 30 days of the
date the application for the inquiry is lodged
unless—
(a) the person who lodged the application, or the
registered second-hand dealer or the
endorsed pawnbroker, applies to the Tribunal
for the inquiry to be started within that time;
and
(b) the Tribunal is satisfied that there are
exceptional circumstances.
S. 18B
inserted by
No. 93/2001
s. 28.
18B Determination of disciplinary measures by Tribunal
(1) After conducting an inquiry, if the Tribunal is
satisfied that there are grounds for taking action
under this section against a person who is a
registered second-hand dealer or an endorsed
pawnbroker, the Tribunal may do one or more of
the following—
(a) reprimand the person;
32
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 18B
(b) order the person to pay into the Consolidated
Fund a penalty not exceeding an amount that
is 50 times the value of a penalty unit fixed
by the Treasurer under section 5(3) of the
Monetary Units Act 2004;
(c) require the person to comply within, or for, a
specified time with a requirement specified
by the Tribunal;
(d) suspend for a specified period not exceeding
1 year—
(i) the registration of the person; or
(ii) the endorsement of the person;
(e) require the person to enter into an
undertaking to perform, or not to perform,
certain tasks to be specified in the
undertaking;
(f) impose a condition on the registration or
endorsement of the person;
(g) if the ground for taking action under this
section involved one or more people losing
money, order the person to pay
compensation to one or more of those
people, but not so that the total amount the
person must pay under this paragraph is
more than $5000.
(2) As an alternative to taking action under one or
more of subsections (1)(a), (b), (c), (d) and (f), the
Tribunal may—
(a) cancel the registration of the registered
second-hand dealer or endorsed pawnbroker;
or
33
S. 18B(1)(b)
amended by
No. 10/2004
s. 15(Sch. 1
item 26.5).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 18B
(b) cancel the endorsement of the endorsed
pawnbroker—
and disqualify the second-hand dealer or
pawnbroker (and any partner or director of the
second-hand dealer or pawnbroker) from being
registered or endorsed, as the case may be, either
permanently or for a specified period.
(3) If the Tribunal orders the payment of an amount
under subsection (1)(b) or (g)—
(a) it may order that the amount be paid by a
specified date; and
(b) if the amount is not paid by that date, it may
suspend the registration or the endorsement,
as the case may be, until the amount is paid
and set a final payment date; and
(c) if the amount has not been paid by that final
payment date, it may cancel the registration
or the endorsement, as the case may be; and
(d) it may extend any period of time it sets under
paragraph (a) or (b) at any time.
(4) The Tribunal may suspend or cancel—
(a) the registration of a second-hand dealer or
pawnbroker; or
(b) the endorsement of a pawnbroker—
under subsection (3) without giving the secondhand dealer or pawnbroker an opportunity to be
heard.
(5) If the Tribunal suspends or cancels—
(a) the registration of a second-hand dealer or
pawnbroker; or
(b) the endorsement of a pawnbroker—
the suspension or cancellation takes effect on and
from the date determined by the Tribunal.
34
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 2—Registration
s. 18C
(6) If under subsection (1)(c), the Tribunal requires a
registered second-hand dealer or an endorsed
pawnbroker to comply with a requirement
specified by it, the registered second-hand dealer
or endorsed pawnbroker must comply with the
requirement within or for the time specified by the
Tribunal under that paragraph.
18C Effect of suspension
(1) A second-hand dealer or pawnbroker whose
registration has been suspended is to be treated as
unregistered during the period of suspension,
except for the purposes of sections 11, 11A, 11C
and 28A.
S. 18C
inserted by
No. 93/2001
s. 28.
(2) A pawnbroker whose endorsement has been
suspended is to be treated as unendorsed during
the period of suspension, except for the purposes
of sections 11AA, 11A, 11C, Division 2 of Part 5
and 28A.
18D Suspended and cancelled certificates of registration
must be returned
If the Tribunal suspends or cancels the registration
or endorsement of a person, the person must
return the certificate of registration to the
Authority within the period specified by the
Tribunal by notice in writing given to the person.
Penalty: 25 penalty units.
_______________
35
S. 18D
inserted by
No. 93/2001
s. 28.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 3—Conduct of Business
s. 19
PART 3—CONDUCT OF BUSINESS
S. 19
substituted by
No. 44/1997
s. 39.
S. 19(1)(a)
substituted by
No. 93/2001
s. 29.
19 Identifying persons selling or pawning goods
(1) A second-hand dealer or pawnbroker must require
every person attempting to sell or pawn secondhand goods to the second-hand dealer or
pawnbroker to produce evidence as to the person's
identity—
(a) by means of—
(i) a passport; or
(ii) a driver licence; or
(iii) a document issued by a statutory
authority; or
(iv) any other document in one of the
prescribed categories—
bearing a photograph of the person; or
(b) by means of 2 documents in the prescribed
categories but each in a different category.
Penalty: 20 penalty units.
(2) If a person attempting to sell or pawn second-hand
goods is, on request, unable to produce the
required evidence of identity, the second-hand
dealer or pawnbroker must refuse to accept the
goods.
Penalty: 20 penalty units.
(3) A person attempting to sell or pawn second-hand
goods to a second-hand dealer or pawnbroker
must not produce false evidence of identity.
Penalty: 50 penalty units.
36
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 3—Conduct of Business
s. 20
20 Recording transactions
A second-hand dealer or pawnbroker must keep,
in the form and containing the information
required by the regulations, accurate and complete
records of every transaction, whether conducted
on the business premises or elsewhere, by which
the dealer or pawnbroker receives second-hand
goods.
S. 20
amended by
No. 44/1997
s. 40.
Penalty: 20 penalty units.
21 Retention of goods for seven days
(1) For 7 days after receiving second-hand goods a
second-hand dealer or pawnbroker must keep the
goods in the form in which they were received and
without disposing of them in any way.
Penalty: 20 penalty units.
(2) Subsection (1) does not derogate from any
obligation a second-hand dealer or pawnbroker
might otherwise have to keep goods for a period
longer than 7 days after receipt.
21A Recording storage location of goods
A second-hand dealer or pawnbroker must keep
accurate and complete records of the place of
storage of each item of second-hand goods in the
possession or under the control of the dealer or
pawnbroker.
Penalty: 20 penalty units.
22 Co-operation with police
(1) A second-hand dealer or pawnbroker must check
second-hand goods in his or her possession and
second-hand goods which he or she receives
against any notice describing stolen goods served
on him or her by a member of the police force.
37
S. 21A
inserted by
No. 44/1997
s. 41.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 3—Conduct of Business
s. 23
(2) A second-hand dealer or pawnbroker who
suspects for any reason that goods in his or her
possession or which he or she receives may have
been stolen must immediately inform a member of
the police force.
Penalty applying to this subsection: 20 penalty
units.
23 Contracts for pawning goods
(1) A pawnbroker must not receive second-hand
goods in pawn from a person under 16 years of
age.
Penalty: 20 penalty units.
S. 23(1A)
inserted by
No. 93/2001
s. 30(1).
(1A) A pawnbroker must not receive a motor car from a
person as goods in pawn.
Penalty: in the case of a natural person,
60 penalty units;
in the case of a body corporate,
300 penalty units.
S. 23(1B)
inserted by
No. 93/2001
s. 30(1).
S. 23(2)
amended by
No. 41/1995
s. 62(Sch. 1
item 6),
substituted by
No. 44/1997
s. 42,
amended by
No. 93/2001
s. 30(2).
S. 23(2)(a)
amended by
No. 52/1998
s. 260(2).
(1B) In subsection (1A), motor car has the same
meaning as it has in the Motor Car Traders Act
1986.
(2) A pawnbroker must cause a notice—
(a) in or to the effect of a form approved by the
Authority ; and
38
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 3—Conduct of Business
s. 23
(b) showing the maximum amount charged
weekly and monthly, or any other period
normally used, by the pawnbroker on pawn
transactions; and
(c) stating that in special circumstances a higher
amount may be charged by the
pawnbroker—
to be displayed in a prominent place in or outside
each business premises of the pawnbroker to
which the public has access so that the notice is
clearly visible to the public from outside the
premises.
Penalty: 20 penalty units.
(3) A pawnbroker who advances money on the
security of goods received in pawn must give to
the owner of the goods—
(a) a pawn ticket containing the prescribed
particulars; and
S. 23(3)
amended by
No. 54/1989
s. 35(6),
substituted by
Nos 44/1997
s. 42, 93/2001
s. 30(3).
(b) a notice in the prescribed form concerning
the rights and responsibilities of the parties
to the transaction; and
(c) written notice of the charge that will be
imposed on the transaction.
Penalty: 20 penalty units.
(4) Subject to subsection (5), a pawnbroker must not
charge on a pawn transaction an amount more
than an amount calculated in accordance with the
amount displayed on a notice under
subsection (2)(b).
Penalty: 20 penalty units.
39
S. 23(4)
substituted by
No. 44/1997
s. 42.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 3—Conduct of Business
s. 23A
S. 23(5)
inserted by
No. 44/1997
s. 42.
(5) A pawnbroker may charge an amount more than
an amount calculated in accordance with the
amount displayed under subsection (2)(b) if—
(a) it is reasonable to do so because the
pawnbroker is likely to incur additional
storage costs in relation to the goods being
pawned; or
(b) it is reasonable to do so because the
agreement provides for amounts to be paid
less frequently than is specified in the notice
under subsection (2); or
(c) the regulations so provide—
and—
(d) the notice referred to in subsection (3)
specifies the reason why the higher charge is
made; and
(e) the owner of the goods agrees in writing to
the higher charge; and
(f) the pawnbroker serves on the owner of the
goods a copy of the agreement referred to in
paragraph (e).
S. 23A
inserted by
No. 93/2001
s. 31.
23A Return of residual equity in unredeemed goods that
are sold
(1) In this section—
loan means the amount of money advanced by a
pawnbroker on the security of pledged
goods;
loan period means the period for which the
pawnbroker has agreed to keep pawned
goods as security for a loan;
outstanding amount of the loan means the sum of
the loan and the accrued interest less the sum
of all payments made;
40
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 3—Conduct of Business
s. 23A
pawned goods means pledged goods received by a
pawnbroker in pawn;
reasonable costs of sale does not include any
prescribed costs;
residual equity means the amount of the
difference, if any, between the amount
obtained on the sale of pawned goods, and
the total of the outstanding amount of the
loan and the reasonable costs of sale.
(2) If a pawnbroker sells unredeemed pawned goods
after the expiry of the loan period, the person who
pawned the goods is entitled, for a period of
12 months after the sale, to claim from the
pawnbroker the residual equity, if any, in respect
of the goods.
(3) If—
(a) a pawnbroker sells unredeemed pawned
goods after the expiry of the loan period; and
(b) the residual equity in respect of the goods is
$10, or if another amount is prescribed that
amount, or more—
the pawnbroker must, within 14 days after the
sale, send to the person who pawned the goods a
notice in the prescribed form advising the person
that the pawned goods have been sold and that the
person is entitled to claim the residual equity from
the pawnbroker within the period of 12 months
after the sale.
Penalty: 20 penalty units.
(4) If—
(a) unredeemed pawned goods are sold by a
pawnbroker after the expiry of the loan
period; and
41
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 3—Conduct of Business
s. 23A
(b) within the period of 12 months after the sale,
the person who pawned the goods demands
payment of the residual equity in respect of
the goods from the pawnbroker—
the residual equity is a debt due and may be
recovered in a court of competent jurisdiction.
(5) A pawnbroker must pay, on demand, the residual
equity, if any, in respect of pawned goods to the
person who pawned the goods, if the person so
requests within the period of 12 months after the
sale of the goods.
Penalty: 20 penalty units.
(6) Section 86 of the Sentencing Act 1991 applies to
an offence under subsection (5) as if non-payment
of the value of the residual equity were a loss of
property as a result of the offence.
_______________
42
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 4—Disputes as to the Ownership of Goods
s. 24
PART 4—DISPUTES AS TO THE OWNERSHIP OF GOODS
24 Magistrates' Courts to determine disputes
(1) A person claiming to be entitled to the possession
of goods in the possession or under the control of
a second-hand dealer or pawnbroker, being
second-hand goods or goods in pawn, may apply
to the Magistrates' Court for an order for delivery
of the goods.
S. 24(1)
amended by
No. 54/1989
s. 35(7)(a).
(2) An application—
(a) may be made without notice to any other
person; and
(b) must be supported by evidence on oath or by
affidavit.
(3) If satisfied by the supporting evidence that the
applicant may be entitled to possession of the
goods, the Court constituted by a Registrar of the
Court may make both of the following orders—
(a) an order directing the second-hand dealer or
pawn broker to deliver the goods to the
applicant;
(b) an order directing the second-hand dealer or
pawnbroker to refrain from altering the form
of the goods and from disposing of them in
any way except in accordance with an order
under paragraph (a).
(4) Subject to this section, an order under
subsection (3)(b) takes effect on service, and an
order under subsection (3)(a) takes effect 21 days
after service.
43
S. 24(3)
amended by
Nos 54/1989
s. 35(7)(b),
52/1998 s. 261.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 4—Disputes as to the Ownership of Goods
s. 24
S. 24(5)
amended by
No. 54/1989
s. 35(7)(c).
S. 24(6)
repealed by
No. 54/1989
s. 35(7)(d).
(5) The orders under subsection (3) must be served on
the second-hand dealer or pawnbroker in the same
way as a summons to answer to a charge, and
service may be proved in the same way as service
of a summons to answer to a charge.
*
*
*
*
*
(7) If within 21 days after service of an order under
subsection (3)(a) the second-hand dealer or
pawnbroker lodges an objection with the Court—
(a) the order lapses and is and will be of no
effect; and
S. 24(7)(b)
amended by
No. 54/1989
s. 35(7)(e).
(b) the matter of who is entitled to possession of
the goods must be determined by the Court
constituted by a magistrate.
(8) The Court—
(a) may make an order directing the secondhand dealer or pawnbroker to deliver the
goods to the applicant; or
(b) may make an order directing the secondhand dealer or pawnbroker to pay the
applicant the value of the goods as assessed
by the Court; or
(c) may dismiss the matter and rescind the order
under subsection (3)(b).
S. 24(9)
inserted by
No. 93/2001
s. 32.
(9) An order made under subsection (3)(b) lapses
on—
(a) the expiry of 6 months after the day on
which it was made; or
(b) the making of an order under
subsection (8)—
whichever is earlier.
44
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 4—Disputes as to the Ownership of Goods
s. 24A
24A Offence of failing to comply with court order
A person to whom an order of the Magistrates'
Court under section 24 is directed must comply
with the order.
S. 24A
inserted by
No. 44/1997
s. 43.
Penalty: 50 penalty units.
24B Sign to be displayed
A second-hand dealer or pawnbroker must cause a
notice in the form in the Schedule, in legible
letters not less than 15 millimetres in height and of
a colour that contrasts with the background colour
of the notice, to be displayed in a prominent place
in each business premises of the dealer or
pawnbroker to which the public has access so that
the notice is clearly visible to the public.
Penalty: 20 penalty units.
_______________
45
S. 24B
inserted by
No. 44/1997
s. 43,
amended by
No. 93/2001
s. 33.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 25
PART 5—ENFORCEMENT
Pt 5 Div. 1
(Heading)
inserted by
No. 93/2001
s. 35.
Division 1—General
25 Police powers generally
S. 25(1)
substituted by
No. 44/1997
s. 44.
(1) A member of the police force may, without
warrant, enter business premises or storage
premises occupied by or under the control of a
second-hand dealer or pawnbroker at any time
when the business premises are open and may
inspect the premises or any goods at the premises.
(2) A member of the police force may require a
second-hand dealer or pawnbroker to produce—
(a) any goods in the possession or under the
control of the second-hand dealer or
pawnbroker; or
S. 25(2)(b)
amended by
No. 93/2001
s. 34.
(b) his or her certificate of registration under this
Act; or
(c) any records kept by the second-hand dealer
or pawnbroker pursuant to this Act.
S. 25(2A)
inserted by
No. 82/2008
s. 21(1).
(2A) Without limiting subsection (2), if a document
required to be produced under subsection (2)(c) is
or is part of a transaction record kept under
section 20 in an electronically readable form, a
member of the police force may require the
document to be provided in a readily accessible
form—
(a) electronically; or
(b) in a paper form produced from a computer.
46
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26
(2B) If a person produces a document referred to in
subsection (2A), the person must also provide the
member of the police force with a prescribed
statement verifying that the document provided is
a true record of the transaction record at the date
of the statement.
(3) A second-hand dealer or pawnbroker must not
refuse or fail to comply with such a requirement.
Penalty: 50 penalty units.
(4) In this section—
premises includes a stall or storage area at a
market.
26 Notice to stop dealings in goods suspected of having
been stolen
(1) Any member of the police force may serve notice
under this section on a second-hand dealer or
pawnbroker if the member reasonably believes
that goods in the possession or under the control
of the dealer or pawnbroker may have been stolen.
(2) A notice—
(a) must be in the form approved by the
Minister; and
(b) must specify the goods suspected of having
been stolen; and
(c) prohibits the second-hand dealer or
pawnbroker altering the form of the goods or
disposing of them in any way for 21 days
from service.
47
S. 25(2B)
inserted by
No. 82/2008
s. 21(1).
S. 25(3)
amended by
No. 82/2008
s. 21(2).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26A
(3) A notice under this section may be reissued once
for a further period of 21 days commencing
immediately after the first period ends.
(4) A second-hand dealer or pawnbroker must comply
with a notice served on him or her under this
section.
Penalty: 20 penalty units.
Pt 5 Div. 2
(Heading and
ss 26A–26Z)
inserted by
No. 93/2001
s. 36.
S. 26A
inserted by
No. 93/2001
s. 36.
Division 2—Enforcement—pawnbrokers
26A Definition
In this Division, endorsed pawnbroker includes—
(a) a person whose endorsement has been
surrendered or cancelled within the last
3 years; and
(b) a person whose endorsement is suspended.
S. 26B
inserted by
No. 93/2001
s. 36.
26B Production of identity card
An inspector must produce his or her identity card
for inspection—
(a) before exercising a power under this
Division other than a requirement made by
post; and
(b) at any time during the exercise of a power
under this Division, if asked to do so.
Penalty: 10 penalty units.
S. 26C
inserted by
No. 93/2001
s. 36.
26C Documents available for inspection
(1) An endorsed pawnbroker must at all reasonable
times at each premises at which that endorsed
pawnbroker carries on business as a pawnbroker
keep all documents relating to the business carried
48
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26D
on at those premises available for inspection by an
inspector in a form in which they can be readily
and expeditiously inspected by an inspector.
Penalty: 50 penalty units.
(2) If the endorsement of an endorsed pawnbroker has
been surrendered or cancelled in the last 3 years,
the endorsed pawnbroker must make all
documents relating to the former business
available for inspection by an inspector in a form
and at a place where they can be readily and
expeditiously inspected by an inspector.
Penalty: 50 penalty units.
(3) If the endorsement of an endorsed pawnbroker has
been suspended, the endorsed pawnbroker must
during the period of the suspension, make all
documents relating to the business of the
pawnbroker available for inspection by an
inspector in a form and at a place where they can
be readily and expeditiously inspected by an
inspector.
Penalty: 50 penalty units.
26D Specified persons to produce documents and answer
questions
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector may
require an endorsed pawnbroker or a specified
person at a time and place specified by the
inspector—
(a) to answer, orally or in writing, any questions
put by the inspector relating to the endorsed
pawnbroker's business as a pawnbroker; or
(b) to supply, orally or in writing, information
required by the inspector relating to that
business; or
49
S. 26D
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26E
(c) to produce to the inspector specified
documents or documents of a specified class
relating to that business.
(2) In this section—
specified person, in relation to the business of an
endorsed pawnbroker, means—
(a) a person who is a director or officer of
a corporation which is an endorsed
pawnbroker; or
(b) if the endorsement of a corporation has
been surrendered, or cancelled within
the last 3 years, a person who was a
director or officer of the corporation at
the time the endorsement was
surrendered or cancelled.
S. 26E
inserted by
No. 93/2001
s. 36.
26E Third parties to produce documents and answer
questions relating to endorsed pawnbroker's
business
For the purpose of monitoring compliance with
this Act or the regulations, an inspector may
require any person who has possession, custody or
control of documents relating to an endorsed
pawnbroker's business as a pawnbroker—
(a) to answer, orally or in writing, any questions
put by the inspector relating to the endorsed
pawnbroker's business as a pawnbroker;
(b) to supply, orally or in writing, information
required by the inspector relating to that
business;
(c) to produce to the inspector specified
documents or documents of a specified class
relating to that business.
50
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26F
26F Department Heads, police and public authorities to
produce information to inspectors
(1) For the purpose of monitoring compliance with
this Act or the regulations, the Director or an
inspector may request a specified public body
within a time specified by the Director or
inspector—
S. 26F
inserted by
No. 93/2001
s. 36.
(a) to answer, orally or in writing, any questions
put by the inspector relating to an endorsed
pawnbroker's business as a pawnbroker;
(b) to supply, orally or in writing, information
required by the inspector relating to that
business.
(2) An inspector can only make a request under
subsection (1) with the written consent of the
Director.
(3) A specified public body must comply with a
request under subsection (1).
(4) In this section specified public body means—
(a) a Department Head within the meaning of
the Public Administration Act 2004; or
S. 26F(4)(a)
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 180).
(b) a public statutory authority; or
(c) a municipal council; or
(d) the Chief Commissioner of Police.
26G Certain other specified persons or bodies to produce
information
(1) For the purpose of monitoring compliance with
this Act or the regulations, the Director or an
inspector may require a specified person or body
within a time specified by the Director or
inspector—
51
S. 26G
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26H
(a) to answer, orally or in writing, any questions
put by the inspector relating to an endorsed
pawnbroker's business as a pawnbroker;
(b) to supply, orally or in writing, information
required by the inspector relating to that
business.
(2) An inspector can only make a requirement under
subsection (1) with the written consent of the
Director.
(3) In this section specified person or body means—
(a) a person who is a publisher of a publication;
or
(b) a person who is the owner or operator of a
broadcasting service; or
(c) a person who is the owner or operator of a
telecommunications service; or
(d) a person who is the owner or operator of a
postal service; or
(e) a financial institution.
S. 26H
inserted by
No. 93/2001
s. 36.
26H Powers on production of documents
(1) If any documents are produced to an inspector
under section 26D or 26E, the inspector may—
(a) inspect the documents or authorise a person
to inspect the documents;
(b) make copies of or take extracts from the
documents;
(c) seize the documents if the inspector
considers the documents necessary for the
purpose of obtaining evidence for the
purpose of any proceedings under this Act or
the regulations;
52
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26I
(d) seize the documents if the inspector—
(i) considers the documents necessary for
the purpose of obtaining evidence for
the purpose of any proceedings under
any Consumer Act; and
(ii) believes on reasonable grounds, that it
is necessary to seize the documents in
order to prevent their concealment, loss
or destruction or their use in the
contravention of any Consumer Act;
(e) secure any seized documents against
interference;
(f) retain possession of the documents in
accordance with this Division.
(2) An inspector must not require a person to produce
a document at a place other than the person's place
of business or an office of the Director without the
consent of the person.
26I Order requiring supply of information and answers
to questions
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, with the
written approval of the Director, may apply to the
Magistrates' Court for an order requiring any
person at a time and place specified by an
inspector—
(a) to answer, orally or in writing, any questions
put by an inspector relating to an endorsed
pawnbroker's business as a pawnbroker; or
(b) to supply, orally or in writing, information
required by an inspector in relation to an
endorsed pawnbroker's business as a
pawnbroker.
53
S. 26I
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26J
(2) If the Magistrates' Court is satisfied on the basis of
evidence presented by the Director that the order
is necessary for the purpose of monitoring
compliance with this Act or the regulations, the
Court may grant the order sought.
(3) An order under this section must state a day, not
later than 28 days after the making of the order, on
which the order ceases to have effect.
(4) An inspector who executes an order under this
section must, as soon as practicable after that
execution, notify the Magistrates' Court in writing
of the time and place of execution of the order.
S. 26J
inserted by
No. 93/2001
s. 36.
26J Entry or search with consent
(1) For the purpose of monitoring compliance with
this Act or the regulations in relation to
pawnbrokers, an inspector, with the consent of the
occupier of the premises, may—
(a) enter and search any premises;
(b) seize anything found on the premises which
the inspector believes on reasonable grounds
to be connected with a contravention of this
Act or the regulations in relation to
pawnbrokers;
(c) examine and take and keep samples of any
goods found on the premises which the
inspector believes on reasonable grounds to
be connected with a contravention of this Act
or the regulations in relation to pawnbrokers;
(d) inspect and make copies of, or take extracts
from, any document found on the premises.
(2) An inspector must not enter and search any
premises with the consent of the occupier unless,
before the occupier consents to that entry, the
inspector has—
54
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26J
(a) produced his or her identity card for
inspection; and
(b) informed the occupier—
(i) of the purpose of the search; and
(ii) that the occupier may refuse to give
consent to the entry and search or to the
seizure of anything found during the
search; and
(iii) that the occupier may refuse to consent
to the taking of any sample of goods or
any copy or extract from a document
found on the premises during the
search; and
(iv) that anything seized or taken during the
search with the consent of the occupier
may be used in evidence in
proceedings.
(3) If an occupier consents to an entry and search, the
inspector who requested consent must, before
entering the premises, ask the occupier to sign an
acknowledgment stating—
S. 26J(3)
amended by
No. 106/2003
s. 28(6).
(a) that the occupier has been informed of the
purpose of the search and that anything
seized or taken in the search with the consent
of the occupier may be used in evidence in
proceedings; and
(b) that the occupier has been informed that he
or she may refuse to give consent to the entry
and search or to the seizure of anything or to
the taking of any sample, copy or extract;
and
(c) that the occupier has consented to such an
entry and search; and
(d) the date and time that the occupier
consented.
55
S. 26J(3)(b)
amended by
No. 106/2003
s. 28(7).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26K
(4) If an occupier consents to the seizure or taking of
any thing during a search under this section, the
inspector must before seizing or taking the thing
ask the occupier to sign an acknowledgment
stating—
(a) that the occupier has consented to the seizure
or taking of the thing; and
(b) the date and time that the occupier
consented.
(5) An occupier who signs an acknowledgment must
be given a copy of the signed acknowledgment
before the inspector leaves the premises.
(6) If, in any proceeding, an acknowledgment is not
produced to the court or a tribunal, it must be
presumed, until the contrary is proved, that the
occupier did not consent to the entry and search or
to the seizure or taking of the thing.
S. 26K
inserted by
No. 93/2001
s. 36.
26K Entry without consent or warrant
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector may (with
the assistance, if necessary, of another inspector or
a member of the police force) do all or any of the
following—
(a) enter and search any premises at which an
endorsed pawnbroker is carrying on business
at any time that the premises are open for
business or between the hours of 9 a.m. and
5 p.m.;
(b) seize or secure against interference anything
that the Director or inspector believes on
reasonable grounds to be connected with a
contravention of this Act or the regulations
that is found on or in the premises;
(c) inspect and make copies of or take extracts
from any document kept on the premises.
56
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26L
(2) An inspector must not enter or search any
premises under subsection (1) unless, before that
entry, the inspector has produced his or her
identity card for inspection by the occupier of the
premises.
26L Search warrants
(1) An inspector, with the written approval of the
Director, may apply to a magistrate for the issue
of a search warrant in relation to particular
premises for the purpose of monitoring
compliance with this Act or the regulations in
relation to pawnbrokers.
(2) If a magistrate is satisfied by the evidence, on oath
or by affidavit, of the inspector that the warrant is
necessary for the purpose of monitoring
compliance with this Act or the regulations in
relation to pawnbrokers, the magistrate may issue
a search warrant, in accordance with the
Magistrates' Court Act 1989, authorising an
inspector named in the warrant, together with any
other person or persons named or otherwise
identified in the warrant and with any necessary
equipment—
(a) to enter the premises specified in the
warrant, if necessary by force; and
(b) to do all or any of the following—
(i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine and inspect;
(v) make copies of or take extracts from—
a thing or things of a particular kind named
or described in the warrant and which the
inspector believes, on reasonable grounds, to
57
S. 26L
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26M
be connected with a contravention of this Act
or the regulations in relation to pawnbrokers.
(3) A search warrant issued under this section must
state—
(a) the purpose for which the search is required;
and
(b) any conditions to which the warrant is
subject; and
(c) whether entry is authorised to be made at any
time of the day or night or during stated
hours of the day or night; and
(d) a day, not later than 28 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(4) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
warrants under this section.
S. 26M
inserted by
No. 93/2001
s. 36.
26M Announcement before entry
(1) On executing a search warrant, the inspector
executing the warrant—
(a) must announce that he or she is authorised
by the warrant to enter the premises; and
(b) if the inspector has been unable to obtain
unforced entry, must give any person at the
premises an opportunity to allow entry to the
premises.
(2) An inspector need not comply with subsection (1)
if he or she believes on reasonable grounds that
immediate entry to the premises is required to
ensure—
58
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26N
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
26N Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
search warrant is being executed, the inspector
must—
S. 26N
inserted by
No. 93/2001
s. 36.
(a) identify himself or herself to the occupier;
and
(b) give to the occupier a copy of the warrant.
(2) If the occupier is not present at premises where a
search warrant is being executed, the inspector
must—
(a) identify himself or herself to a person (if
any) at the premises; and
(b) give to the person a copy of the warrant.
26O Seizure of things not mentioned in the warrant
A search warrant under section 26L authorises an
inspector executing the search warrant, in addition
to the seizure of any thing of the kind described in
the warrant, to seize or take a sample of any thing
which is not of the kind described in the warrant
if—
(a) the inspector believes, on reasonable
grounds, that the thing—
(i) is of a kind which could have been
included in a search warrant issued
under this Division; or
(ii) will afford evidence about the
contravention of any Consumer Act;
and
59
S. 26O
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26P
(b) in the case of seizure, the inspector believes,
on reasonable grounds, that it is necessary to
seize that thing in order to prevent its
concealment, loss or destruction or its use in
the contravention of this Act or any other
Consumer Act.
S. 26P
inserted by
No. 93/2001
s. 36.
26P Embargo notice
(1) An inspector executing a search warrant who is
authorised by that warrant to seize any thing may,
if the thing cannot, or cannot readily, be
physically seized and removed, issue an embargo
notice in the prescribed form—
(a) by causing a copy of the notice to be served
on the occupier; or
(b) if the occupier cannot be located after all
reasonable steps have been taken to do so, by
affixing a copy of the notice to the thing in a
prominent position.
(2) A person who knows that an embargo notice
relates to a thing and who—
(a) sells; or
(b) leases; or
(c) without the written consent of the inspector
who issued the embargo notice, moves; or
(d) transfers; or
(e) otherwise deals with—
the thing or any part of the thing is guilty of an
offence and liable to a penalty not exceeding
50 penalty units.
S. 26P(3)
amended by
No. 68/2009
s. 97(Sch.
item 108).
(3) It is a defence to a prosecution for an offence
against subsection (2) to prove that the accused
moved the thing or the part of the thing for the
purpose of protecting and preserving it.
60
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26Q
(4) Despite anything in any other Act, a sale, lease,
transfer or other dealing with a thing in
contravention of this section is void.
26Q Copies of seized documents
(1) If an inspector retains possession of a document
taken or seized from a person under this Division,
the inspector must give the person, within 21 days
of the seizure, a copy of the document certified as
correct by the inspector.
S. 26Q
inserted by
No. 93/2001
s. 36.
(2) A copy of a document certified under subsection
(1) shall be received in all courts and tribunals to
be evidence of equal validity to the original.
26R Retention and return of seized documents or things
(1) If an inspector seizes a document or other thing
under this Division, the inspector must take
reasonable steps to return the document or thing to
the person from whom it was seized if the reason
for its seizure no longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized, the
inspector must take reasonable steps to return it
unless—
(a) proceedings for the purpose for which the
document or thing was retained have
commenced within that 3 month period and
those proceedings (including any appeal)
have not been completed; or
(b) the Magistrates' Court makes an order under
section 26S extending the period during
which the document or thing may be
retained.
61
S. 26R
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26S
S. 26S
inserted by
No. 93/2001
s. 36.
26S Magistrates' Court may extend 3 month period
(1) An inspector may apply to the Magistrates'
Court—
(a) within 3 months after seizing a document or
other thing under this Division; or
(b) if an extension has been granted under this
section, before the end of the period of the
extension—
for an extension not exceeding 3 months of the
period for which the inspector may retain the
document or thing but so that the total period of
retention does not exceed 12 months.
(2) The Magistrates' Court may order such an
extension if it is satisfied that the total period of
retention does not exceed 12 months and retention
of the document or other thing is necessary—
(a) for the purposes of an investigation into
whether a contravention of this Act or the
regulations has occurred; or
(b) to enable evidence of a contravention of this
Act or the regulations to be obtained for the
purposes of a proceeding under this Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the application to
be given to any person.
S. 26T
inserted by
No. 93/2001
s. 36.
26T Requirement to assist inspector during entry
To the extent that it is reasonably necessary to
determine compliance with this Act or the
regulations, an inspector exercising a power of
entry under this Division who produces his or her
identity card for inspection by the occupier of the
premises or an agent or employee of the occupier
may require that person—
62
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26U
(a) to give information to the inspector, orally or
in writing; and
(b) to produce documents to the inspector; and
(c) to give reasonable assistance to the inspector.
26U Refusal or failure to comply with requirement
A person must not refuse or fail, without
reasonable excuse, to comply with a requirement
of an inspector under this Division.
S. 26U
inserted by
No. 93/2001
s. 36.
Penalty: 50 penalty units.
26V Rule against self-incrimination does not apply
(1) A person is not excused from answering a
question or producing a document under this
Division on the ground that the answer or
document might tend to incriminate the person.
S. 26V
inserted by
No. 93/2001
s. 36.
(2) If the person claims, before answering a question,
that the answer might tend to incriminate them,
the answer is not admissible in evidence in any
criminal proceedings, other than in proceedings in
respect of the falsity of the answer.
26W Offence to give false or misleading information
A person must not—
(a) give information to an inspector under this
Division that the person believes to be false
or misleading in any material particular; or
(b) produce a document to an inspector under
this Division that the person knows to be
false or misleading in a material particular
without indicating the respect in which it is
false or misleading and, if practicable,
providing correct information.
Penalty: 50 penalty units.
63
S. 26W
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26WA
S. 26WA
inserted by
No. 2/2008
s. 60(Sch.
item 13.1).
26WA Powers of court if requirement to produce
information not complied with
(1) If the Director is satisfied that a person has,
without reasonable excuse, failed to comply with
a requirement under section 26G, the Director
may certify that failure to a court.
(2) Subject to subsection (3), if an inspector is
satisfied that a person has, without reasonable
excuse, failed to comply with a requirement of the
inspector under section 26D, 26E, 26G or 26T, the
inspector may certify that failure to a court.
(3) The inspector cannot certify a failure to a court
under subsection (2) if the person to whom the
failure relates has been charged with an offence
against section 26U.
(4) If the Director or an inspector so certifies under
subsection (1) or (2), the court may inquire into
the case and may order the person to comply with
the requirement within the period specified by the
court.
(5) If a proceeding is brought under this section in
relation to a failure to comply with a requirement,
a person to whom the failure relates cannot be
charged with an offence against section 26U in
respect of that failure.
S. 26X
inserted by
No. 93/2001
s. 36,
amended by
No. 79/2006
s. 83.
26X Application of provisions relating to inspections
Sections 116, 120, 121A, 133, 135, 136, 137, 138
and 139 of the Fair Trading Act 1999 apply
(with any necessary modifications) in relation to
the exercise or attempted exercise of a power of
an inspector under this Division as if any
reference in those sections to Part 10 of that Act
were a reference to this Division.
64
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26Y
26Y Service of documents
(1) A written requirement by an inspector under this
Division may be given personally or by registered
post to a person—
S. 26Y
inserted by
No. 93/2001
s. 36.
(a) at the last known place of business,
employment or residence of the person; or
(b) in the case of a body corporate, at the
registered office of the body corporate.
(2) A person who provides a document or information
in response to a requirement of an inspector under
this Division may send that document or
information to the Director by registered post.
26Z Confidentiality
(1) An inspector must not, except to the extent
necessary to carry out the inspector's functions
under this Division, give to any other person,
whether directly or indirectly, any information
acquired by the inspector in carrying out those
functions.
Penalty: 50 penalty units.
(2) Subsection (1) does not apply to the giving of
information—
(a) to a court or tribunal in the course of legal
proceedings; or
(b) pursuant to an order of a court or tribunal; or
(c) to the extent reasonably required to enable
the investigation or the enforcement of a law
of this State or of any other State or Territory
or of the Commonwealth; or
(d) to the Business Licensing Authority
established under the Business Licensing
Authority Act 1998; or
65
S. 26Z
inserted by
No. 93/2001
s. 36.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26ZA
(e) with the written authority of the Director; or
(f) with the written authority of the person to
whom the information relates.
Pt 5 Div. 3
(Heading and
ss 26ZA–
26ZF)
inserted by
No. 93/2001
s. 37.
S. 26ZA
inserted by
No. 93/2001
s. 37.
Division 3—Infringement notices
26ZA Definition
In this Division, authorised officer means—
(a) an inspector under the Fair Trading Act
1999;
(b) a member of the police force;
(c) a person authorised in writing by the
Director.
S. 26ZB
inserted by
No. 93/2001
s. 37,
amended by
No. 32/2006
s. 94(Sch.
item 44(1))
(ILA s. 39B(1)).
S. 26ZB(2)
inserted by
No. 32/2006
s. 94(Sch.
item 44(1)).
S. 26ZC
inserted by
No. 93/2001
s. 37,
substituted by
No. 32/2006
s. 94(Sch.
item 44(2)).
26ZB Power to serve a notice
(1) An authorised officer may serve an infringement
notice on any person that he or she has reason to
believe has committed an offence against
section 20, 21(1), 21A, 23(2), 23(3), 23A(3)
or 24B or an offence specified by the regulations
as an offence in respect of which an infringement
notice may be issued.
(2) An offence referred to in subsection (1) for which
an infringement notice may be served is an
infringement offence within the meaning of the
Infringements Act 2006.
26ZC Form of notice
For the purposes of section 26ZB, an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Director.
66
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 5—Enforcement
s. 26ZF
*
*
*
*
*
S. 26ZF
inserted by
No. 93/2001
s. 37.
26ZF Further proceedings concerning infringement
notices
*
*
*
*
*
(5) Nothing in Division 5 of Part 2 of the
Infringements Act 2006 prevents the Tribunal
from conducting an inquiry under section 18A and
taking disciplinary action under section 18B
against a person for any act or omission for which
an infringement notice was issued.
_______________
67
Ss 26ZD,
26ZE
inserted by
No. 93/2001
s. 37,
repealed by
No. 32/2006
s. 94(Sch.
item 44(3)).
S. 26ZF(1)–(4)
repealed by
No. 32/2006
s. 94(Sch.
item 44(4)(a)).
S. 26ZF(5)
amended by
No. 32/2006
s. 94(Sch.
item 44(4)(b)).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 6—General
s. 27
PART 6—GENERAL
27 Service
S. 27(1)
amended by
No. 93/2001
s. 38.
(1) Subject to this section and sections 24 and 26Y, a
notice or other document authorised or required
by this Act to be served on a person shall be
deemed to have been duly served on the person—
(a) if it is delivered to him or her personally; or
(b) if it is left at his or her last known residence
or business premises with a person
apparently over 16 years of age and
apparently residing or employed there; or
(c) if it is sent to him or her by post.
S. 27(2)
amended by
Nos 44/1997
s. 45, 44/2001
s. 3(Sch.
item 101.2).
S. 27(3)
repealed by
No. 44/1997
s. 50(1).
(2) Subsection (1) is in addition to and does not
derogate from the provisions of the Corporations
Act with respect to service.
*
*
*
*
*
(4) A notice or other document authorised or required
by this Act to be served on a member of the police
force shall be deemed to have been duly served on
the member—
(a) if it is delivered to him or her personally; or
(b) if it is left with another member of the police
force at the police station of which the
member is for the time being in charge or at
which he or she is for the time being
stationed; or
(c) if it is sent by post to that police station.
68
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 6—General
s. 28
28 Delegation by Director
The Director may, by instrument, delegate to—
(a) any person engaged or appointed under
section 7(2) or 15 of the Business Licensing
Authority Act 1998; or
(b) any person or class of person employed
under Part 3 of the Public Administration
Act 2004 in the administration of this Act—
S. 28
substituted by
No. 44/1997
s. 46,
amended by
No. 46/1998
s. 7(Sch. 1),
substituted by
No. 52/1998
s. 262.
S. 28(b)
substituted by
No. 35/2000
s. 51,
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 180).
any function or power of the Director under this
Act other than this power of delegation.
28A Production of information to Authority
(1) The Authority may require a registered secondhand dealer or an endorsed pawnbroker to answer
any question or provide information relating to the
business of the registered second-hand dealer or
endorsed pawnbroker that the Authority
reasonably requires to carry out its functions in
relation to that registered second-hand dealer or
endorsed pawnbroker.
(2) A person must not refuse or fail, without
reasonable excuse, to comply with a requirement
made by the Authority under this section.
Penalty: 50 penalty units.
(3) In this section—
endorsed pawnbroker includes a person whose
endorsement is suspended;
registered second-hand dealer includes a person
whose registration is suspended.
69
S. 28A
inserted by
No. 93/2001
s. 39.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 6—General
s. 28B
S. 28B
inserted by
No. 93/2001
s. 39.
28B Rule against self-incrimination does not apply
(1) A person is not excused from answering a
question or providing information under
section 28A on the ground that the answer or the
information might tend to incriminate the person.
(2) If the person claims, before answering a question,
that the answer might tend to incriminate the
person, the answer is not admissible in evidence in
any criminal proceedings, other than in
proceedings in respect of the falsity of the answer.
S. 28C
inserted by
No. 93/2001
s. 39.
28C Verification of details supplied to the Authority
S. 28D
inserted by
No. 93/2001
s. 39.
28D Extended time for prosecutions
S. 28E
inserted by
No. 103/2004
s. 72.
28E Who may bring proceedings for offences?
The Authority may specify how any information
supplied to it under this Act is to be verified, and
without limiting the scope of this power, may
require that the information be supplied in the
form of, or be verified by, a statutory declaration.
Despite anything to the contrary in any Act, a
proceeding for an offence against this Act may be
commenced within 3 years after the date on which
the offence is alleged to have been committed.
(1) Proceedings for an offence against this Act may
only be brought by—
(a) the Director; or
(b) a person authorised by the Director for the
purposes of this section; or
(c) a member of the police force.
(2) In proceedings for an offence against this Act it
must be presumed, in the absence of evidence to
the contrary, that the person bringing the
proceedings was authorised to bring the
proceedings.
70
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 6—General
s. 29
(3) Subsection (1) does not apply to proceedings for
an indictable offence.
29 Evidentiary provisions
In proceedings under this Act—
(a) goods shall be deemed to be in the
possession or under the control of a secondhand dealer or pawnbroker when they are in
any premises, place or vehicle that is
occupied by or under the control of the
dealer or pawnbroker; and
(b) in the absence of proof to the contrary—
(i) a certificate issued by the Registrar
stating that at a particular time a person
was or was not registered or endorsed
under this Act is proof of that fact; and
(ii) proof is not required that such a
certificate purporting to be issued by
the Registrar was so issued.
*
*
*
*
*
30 Application of Fair Trading Act 1999
(1) Sections 143 and 144 and Division 2 of Part 11
(except sections 152A and 155) of the Fair
Trading Act 1999 extend and apply (with any
necessary modifications) to this Act as if any
reference in those provisions to the Fair Trading
Act 1999 were a reference to this Act.
71
S. 29(b)(i)
substituted by
No. 44/1997
s. 47,
amended by
Nos 52/1998
s. 263, 93/2001
s. 40.
S. 29(b)(ii)
substituted by
No. 44/1997
s. 47,
amended by
No. 52/1998
s. 263.
S. 29(b)(iii)
repealed by
No. 44/1997
s. 47.
S. 30
amended by
No. 44/1997
s. 48,
substituted by
No. 103/2004
s. 73.
S. 30(1)
amended by
Nos 17/2007
s. 36(Sch.
item 14.1),
2/2008
s. 60(Sch.
item 13.2).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 6—General
s. 31
S. 30(1A)
inserted by
No. 17/2007
s. 36(Sch.
item 14.2),
amended by
No. 72/2010
s. 48(Sch.
item 22).
(1A) For the purposes of subsection (1), section 153 of
the Fair Trading Act 1999 applies as if a
reference in that section to Part 2A or 6 of the
Fair Trading Act 1999 were a reference to this
Act.
(2) For the purposes of subsection (1), section 154 of
the Fair Trading Act 1999 applies as if a
reference to prescribed proceedings were a
reference to—
(a) proceedings for an offence against a
provision of this Act (except Divisions 1
and 2 of Part 5 and section 28A(2)); or
S. 30(2)(b)
amended by
No. 17/2007
s. 36(Sch.
item 14.3).
(b) proceedings on an application for an
injunction under section 149, 149A, 150,
151A or 151B of the Fair Trading Act 1999
(as applied by subsection (1)) against a
person alleged to have contravened a
provision of this Act (except Divisions 1 and
2 of Part 5 and section 28A(2)); or
(c) proceedings on an application for an order
under section 158, or for damages under
section 159, of the Fair Trading Act 1999
(as applied by subsection (1)).
31 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
S. 31(1)(a)
substituted by
No. 44/1997
s. 49(a).
S. 31(1)(ab)
inserted by
No. 44/1997
s. 49(a).
(a) prescribing categories of documents as to
identity; and
(ab) prescribing particulars to be recorded in the
register; and
72
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 6—General
s. 31
(b) carrying on business as a second-hand dealer
or as a pawnbroker; and
(c) prescribing forms; and
S. 31(1)(d)
substituted by
No. 44/1997
s. 49(b).
(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
S. 31(1)(da)
inserted by
No. 93/2001
s. 41(1).
(db) prescribing, for the purposes of Division 3 of
Part 5—
S. 31(1)(db)
inserted by
No. 93/2001
s. 41(1).
(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
73
S. 31(1)(e)
amended by
No. 44/1997
s. 49(c).
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Part 6—General
s. 31
(d) impose penalties not exceeding 20 penalty
units for a contravention of the regulations.
S. 31(2A)
inserted by
No. 93/2001
s. 41(2).
(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.
S. 31(3)
amended by
No. 78/2010
s. 24(Sch.
item 26.1).
(3) Regulations made under this Act may be
disallowed, in whole or in part, by resolution of
either House of Parliament.
S. 31(4)
repealed by
No. 78/2010
s. 24(Sch.
item 26.2).
*
*
*
*
*
S. 32
repealed by
No. 44/1997
s. 50(2).
*
*
*
*
*
*
*
__________________
Pt 7 (Heading
and ss 33–36)
amended by
Nos 34/1990
s. 7(7),
44/1997 s. 51,
52/1998 s. 264,
93/2001 s. 42,
repealed by
No. 1/2010
s. 100.
*
*
*
74
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Sch.
SCHEDULE
Section 24B
ANY PERSON WHO BELIEVES THAT GOODS STOLEN
FROM THEM ARE AVAILABLE FOR SALE ON THESE
PREMISES IS NOT OBLIGED TO BUY THEM BUT MAY—
(a) REQUEST THE POLICE TO SERVE A NOTICE
PROHIBITING THE ALTERATION OR DISPOSAL OF
THE GOODS FOR 21 DAYS; AND
(b) SEEK AN ORDER FROM THE MAGISTRATES'
COURT FOR DELIVERY OF THE GOODS.
SEE SECTIONS 24 AND 26 OF THE SECOND-HAND
DEALERS AND PAWNBROKERS ACT 1989.
═══════════════
75
Sch.
inserted by
No. 44/1997
s. 52.
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Endnotes
ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 20 April 1989
Legislative Council: 24 May 1989
The long title for the Bill for this Act was "A Bill to provide for the licensing
and regulation of second-hand dealers and pawnbrokers and to facilitate and
expedite the recovery of stolen goods from second-hand dealers and
pawnbrokers; to repeal the Second-hand Dealers Act 1958, the
Pawnbrokers Act 1958 and the Marine Stores and Old Metals Act 1958;
to amend the Goods Act 1958; to make other consequential amendments and
repeals; and for other purposes.".
The Second-Hand Dealers and Pawnbrokers Act 1989 was assented to on
14 June 1989 and came into operation as follows:
Section 35(6)(7) on 1 September 1990: section 2(2); rest of Act on
10 September 1990: Government Gazette 5 September 1990 page 2680.
76
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Second-Hand Dealers
and Pawnbrokers Act 1989 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Courts (Children's and Magistrates') Act 1990, No. 34/1990
Assent Date:
13.6.90
Commencement Date:
Ss 3–6, 7(1) on 1.9.90: Government Gazette 25.7.90
p. 2216; s. 7(2) on 16.5.89: s. 2(b); s. 7(4)(5) on
6.6.89: s. 2(c); s. 7(6)(7) on 14.6.89: s. 2(d); rest of Act
on 13.6.90: s. 2(e)
Current State:
All of Act in operation
Consumer Credit (Victoria) Act 1995, No. 41/1995
Assent Date:
14.6.95
Commencement Date:
S. 62(Sch. 1 item 6) on 1.11.96: Government Gazette
29.8.96 p. 2274
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Firearms Act 1996, No. 66/1996
Assent Date:
17.12.96
Commencement Date:
S. 206 on 29.4.97: Government Gazette 24.4.97 p. 921
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Motor Car Traders (Amendment) Act 1996, No. 74/1996
Assent Date:
17.12.96
Commencement Date:
S. 54 on 1.3.97: Government Gazette 20.2.97 p. 374
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Law and Justice Legislation Amendment Act 1997, No. 44/1997
Assent Date:
11.6.97
Commencement Date:
Ss 36–52 on 1.1.98: s. 2(5)
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
77
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Endnotes
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998,
No. 52/1998
Assent Date:
2.6.98
Commencement Date:
Ss 248–264 on 1.7.98: Government Gazette 18.6.98
p. 1512
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
Fundraising Appeals Act 1998, No. 78/1998
Assent Date:
10.11.98
Commencement Date:
S. 73(2) on 1.7.99: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
Assent Date:
1.12.98
Commencement Date:
Pt 6 (ss 12–15) on 1.2.99: Government Gazette
24.12.98 p. 3204
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
Assent Date:
18.5.99
Commencement Date:
S. 46 on 1.9.99: Government Gazette 19.8.99 p. 1901
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
Business Registration Acts (Amendment) Act 2000, No. 35/2000
Assent Date:
6.6.00
Commencement Date:
S. 51 on 19.6.00: Government Gazette 15.6.00 p. 1248
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 8(Sch. 6 item 7) on 28.6.01: Government Gazette
28.6.01 p. 1428
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 101) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s
amending the Second-hand Dealers and
Pawnbrokers Act 1989
78
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Endnotes
Auction Sales (Repeal) Act 2001, No. 84/2001
Assent Date:
11.12.01
Commencement Date:
S. 12 on 1.1.03: s. 2(4)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001, No. 93/2001
Assent Date:
11.12.01
Commencement Date:
Ss 4–30(2), 32–35, 39–42 on 8.4.02: Government
Gazette 28.3.02 p. 552; ss 30(3), 31, 36–38 on 1.9.02:
Government Gazette 18.7.02 p. 1658
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Fair Trading (Further Amendment) Act 2003, No. 106/2003
Assent Date:
9.12.03
Commencement Date:
S. 28 on 10.12.03: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Monetary Units Act 2004, No. 10/2004
Assent Date:
11.5.04
Commencement Date:
S. 15(Sch. 1 item 26) on 1.7.04: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
Assent Date:
21.12.04
Commencement Date:
Ss 72, 73 on 22.12.04: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 180) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
S. 94(Sch. item 44) on 1.7.06: Government Gazette
29.6.06 p. 1315
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
79
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Endnotes
Justice Legislation (Further Amendment) Act 2006, No. 79/2006
Assent Date:
10.10.06
Commencement Date:
S. 83 on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007
Assent Date:
29.5.07
Commencement Date:
S. 36(Sch. item 14) on 30.5.07: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
Assent Date:
11.2.08
Commencement Date:
S. 60(Sch. item 13) on 12.2.08: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date:
4.3.08
Commencement Date:
S. 32(Sch. item 30) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 55) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Prostitution Control and Other Matters Amendment Act 2008, No. 82/2008
Assent Date:
11.12.08
Commencement Date:
Ss 20, 21 on 12.12.08: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009
Assent Date:
10.2.09
Commencement Date:
S. 24 on 11.2.09: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
80
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Endnotes
Criminal Procedure Amendment (Consequential and Transitional Provisions)
Act 2009, No. 68/2009
Assent Date:
24.11.09
Commencement Date:
S. 97(Sch. item 108) on 1.1.10: Government Gazette
10.12.09 p. 3215
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010
Assent Date:
9.2.10
Commencement Date:
S. 100 on 1.8.10: Government Gazette 22.7.10 p. 1628
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
Assent Date:
19.10.10
Commencement Date:
S. 48(Sch. item 22) on 1.1.11: Special Gazette
(No. 502) 20.12.10 p. 1
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
Subordinate Legislation Amendment Act 2010, No. 78/2010
Assent Date:
19.10.10
Commencement Date:
S. 24(Sch. item 26) on 1.1.11: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Second-Hand Dealers and
Pawnbrokers Act 1989
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
81
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Endnotes
3. Explanatory Details
No entries at date of publication.
82
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
INDEX
Subject
Section
Act
application
commencement
purposes
Authorised officers
See also Registration; Registration–Endorsement
Authority See Business Licensing Authority
Business Licensing Authority
powers as to permissions to carry on businesses
production of information to
Registrar
review of decisions of
See also Registration; Registration–Endorsement
Chief Commissioner of Police
Compensation
Court orders
Definitions
Director of Consumer and Business Affairs
definition
delegation of powers by
powers and duties regarding
answers to questions, supply of information
bringing of proceedings
inquiries into applications for registration
inquiries into pawnbrokers
Disputes
Endorsement See Registration–Endorsement
Entry powers See Search and entry powers
Evidentiary provisions
Fair Trading Act 1999
application
Infringement notices and penalties
Inquiries
Inspectors
application of Fair Trading Act 1999
definition
giving false or misleading information to
identity cards
non-compliance with requirements of
powers and duties regarding
production of documents, information
confidentiality
embargo notices
infringement notices and penalties
search and entry
search warrants
seizure
requirement to assist
83
4
2
1
26ZA, 26ZB
10A, 10B, 18
28A–28C
13, 14
9B
8, 18A, 18B, 26F
18B
24, 26I, 26WA
3, 23, 23A, 25,
26A, 26D, 26F,
26G, 26ZA, 28A
3
28
26F, 26G, 26WA
28E
8
18A
24
29
30
26ZB–26ZC, 26ZF
8, 8A, 18A
26X
3
26W
26B
26U
26C–26I, 26WA
26Z
26P
26ZA, 26ZB
26J–26K
26L–26O
26H, 26J–26L,
26O–26S
26T, 26U
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Subject
Section
Magistrates' Court
determination of disputes by
extension of time limits for items seized
issue of search warrants
orders as to supply of information, answers to
questions
Offences
convictions, guilty findings for disqualifying
offences
infringement notices and penalties
proceedings
regarding
certificates of registration
confidentiality
contracts for pawning goods
documents regarding pawnbroker businesses
embargo notices
evidence of identity
failure to produce certificates for notation
failure to produce information to Authority
false or misleading information
non-compliance with conditions for
registration, endorsement
non-compliance with court orders
non-compliance with inspectors
non-compliance with notices
non-compliance with police
notices, signs to be displayed
permissions to carry on businesses
production of identity cards by inspectors
receiving goods from under-age persons
receiving motor cars for goods
recording storage location of goods
records of transactions
registration, endorsement
unredeemed goods that are sold
unregistered dealers, pawnbrokers
Pawnbrokers
death, disability of registered persons
definition of pawnbroker, endorsed pawnbroker
disciplinary measures against
register
See also Registration; Registration–Endorsement
Pawnbrokers–Businesses
addresses
cessation
display of current certificate of registration
display of notices, signs
documents relating to
84
24
26S
26L
26I, 26WA
3, 6, 10, 10A
26ZB–26ZC, 26ZF
28D–28E
11B, 11C, 17, 18D
26Z
23
26C
26P
19
8C
28A
16, 26W
8B, 10B
24A
26U
26
25
23, 24B
18
26B
23
23
21A
20
7, 7A, 12, 16
23A
5
18
3, 26A, 28A
18A–18B
13, 14
12A
11B, 12
17
23, 24B, Sch.
26C–26E
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Subject
Section
goods pawned
contracts for
deemed to be received in pawn
disputes regarding possession
identification of persons selling, pawning
motor cars not to be received as
received from under-age persons
recording storage location
retention for seven days
stolen goods
unredeemed goods that are sold
permissions to carry on
police powers
provision of information relating to
Authority's power to require
Court orders
Director's power to require
inspectors' power to require
self-incrimination rule not to apply
records of transactions
requirement to be registered and endorsed
specified person (def.)
See also Registration; Registration–Endorsement
Police
general powers
power to bring proceedings
power to issue infringement notices
power to issue notices as to suspected stolen goods
Proceedings
Register
Registration
annual fees and statements
applications, consideration of applications for
cancellation
certificates
display of current
notation of conditions on
to be returned
conditions
definition
disqualification
eligibility for
granting of
investigation of applications for
notification of changes
permission to be, continue to be registered
refusal, notice of refusal
review of decisions regarding
surrender
suspension
85
3, 23
3
24
19
23
23
21A
21
22, 24B, 26, Sch.
23A
18
25–26
28A–28C
26I
26F, 26G
26D–26I
26V, 28B
20
5
26D
25
28E
26ZA, 26ZB
26
28D–28E
13, 14
11, 11A
7, 8A
10, 11A, 11B, 18B,
18D
17
8C
11B, 11C, 18D
8B, 8C, 18B
3
6, 18B
6
9, 9A
8
12
10A, 10B
8A, 9A
9B
11C
18B, 18C, 18D
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Subject
Section
Registration–Endorsement
annual fees
applications, consideration of applications for
cancellation
conditions
disqualification
eligibility for
granting of
investigation of applications for
notification of changes
refusal, notice of refusal
review of decisions regarding
surrender
suspension
Regulations
Review
Search and entry powers
Search warrants
Second-hand dealers
death, disability of registered persons
definition of second-hand dealer
definition of registered second-hand dealer
disciplinary measures against
register
See also Registration; Registration–Endorsement
Second-hand dealers–Businesses
addresses
cessation
current certificate of registration to be displayed
goods dealt with
disputes regarding possession
identification of persons selling
recording storage location
retention for seven days
stolen goods
permissions to carry on
police powers
provision of information relating to
records of transactions
requirement to be registered
signs to be displayed
See also Registration; Registration–Endorsement
Self-incrimination
Service of documents
Seizure
copies of seized documents
embargo notices
extension of time limits for items seized
of documents
of items, things
retention, return of seized documents, things
86
11AA, 11A
7A, 8A
11A, 11B, 18B,
18D, 26C, 26D
8B, 8C, 18B
6, 18B
6
9AA, 9A
8
12
8A, 9A
9B
11C, 26C, 26D
18B, 18C, 18D,
26C
31
9B, 14
26J–26K
26L–26O
18
3,
3, 28A
18A–18B
13, 14
12A
11B, 12
17
24
19
21A
21
22, 24B, 26, Sch.
18
25–26
28A–28C
20
5
24B, Sch.
26V, 28B
26Y, 27
26Q
26P
26S
26H
26J–26L, 26O
26R
Second-Hand Dealers and Pawnbrokers Act 1989
No. 54 of 1989
Subject
Section
Stolen goods
Tribunal
See Victorian Civil and Administrative Tribunal
Unredeemed goods
Victorian Civil and Administrative Tribunal
powers as to inquiries, disciplinary matters
review powers of Authority's decisions by
22, 24B, 26, Sch.
87
23A
18A, 18B
9B, 14