Pawnbrokers Act 1902 (ACT)

Case

Pawnbrokers Act 1902   

A1902-66

Republication No 14

Effective:  23 June 2021

Republication date: 23 June 2021

Last amendment made by A2021‑12

About this republication

The republished law

This is a republication of the Pawnbrokers Act 1902 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Pawnbrokers Act 1902

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    2            Dictionary  2

    3            Notes  2

    4            Application of Act  2

    Part 3      Business of pawnbroking

    8            Pawnbrokers—carrying on business  3

    9            Records of pawned articles received  3

    10          Duplicates of records  4

    11          Production of duplicates  4

    12          Holders of duplicates taken to be owners of pawned articles                5

    13          Period for sale or disposal of pawned articles  6

    14          Selling or disposing before end of redemption period  6

    15          Method of sale for certain pawned articles  6

    16          Pawnbroker not to buy pawned article  7

    17          Application of proceeds of sale  7

    18          Records of pawned articles sold or disposed of  8

    19          Inspection of records  9

    20          Persons attempting to redeem article when not entitled to do so may be apprehended  9

    Part 4      Miscellaneous

    26          Magistrates Court may order return of article  10

    29          Regulation-making power  10

    Dictionary11

    Endnotes

    1            About the endnotes  12

    2            Abbreviation key  12

    3            Legislation history  13

    4            Amendment history  17

    5            Earlier republications  24

    Pawnbrokers Act 1902

    An Act to provide for the licensing and regulation of pawnbrokers, and for other purposes

    Part 1Preliminary

    1. Name of Act

      This Act is the Pawnbrokers Act 1902.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

      For example, the signpost definition ‘redemption period—see section 13 (1) (Period for sale of pawned articles).’ means that the term ‘redemption period’ is defined in that section.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

    4. Application of Act

      This Act does not apply to loans or advances made on any goods, chattels, livestock, wool, bonds, bills, title deeds, or other security by merchants, bankers, commission agents, brokers, or licensed auctioneers in the ordinary and genuine course of mercantile or banking transactions if the interest on the loans or advances does not exceed the rate of 14% per annum.

    Part 3Business of pawnbroking

    1. Pawnbrokers—carrying on business

      (1)A licensed pawnbroker must not carry on business as a pawnbroker at a place other than premises stated in the licence.

      Maximum penalty:  50 penalty units.

      (2)A licensed pawnbroker must not, without reasonable excuse, fail to produce the pawnbroker’s licence on demand made by a police officer at premises stated in the licence.

      Maximum penalty:  5 penalty units.

      (3)A licensed pawnbroker must not buy, receive or take in pawn an article from a person if the pawnbroker believes or has reasonable grounds to believe that the person is—

      (a)under 14 years old; or

      (b)drunk.

      Maximum penalty:  30 penalty units.

    2. Records of pawned articles received

      (1)This section applies if a licensed pawnbroker takes in pawn an article on which money is to be lent to a person.

      (2)Before giving the money to the person, the pawnbroker must make a record for the article that contains the following information:

      (a)an accurate description of the article;

      (b)the amount to be lent;

      (c)the rate of interest to be charged on the amount, by the week or month;

      (d)the date the article is pawned;

      (e)the name and home address given by the person;

      (f)if the period for redemption of the article is longer than 3 months—the period.

      (3)The pawnbroker must not give the money to the person unless the pawnbroker reasonably believes that the name and address given by the person is accurate.

      (4)A licensed pawnbroker must, in each calendar year, consecutively number the records for pawned articles made under this section, starting at 1 for the first pawned article.

      (5)A licensed pawnbroker who, without reasonable excuse, contravenes this section commits an offence.

      Maximum penalty:  20 penalty units.

    3. Duplicates of records

      (1)If a licensed pawnbroker takes in pawn an article on which money is to be lent to a person, the pawnbroker must give the person (without charge) a duplicate of the record mentioned in section 9 (2) (Records of pawned articles received) signed by the pawnbroker.

      Maximum penalty:  5 penalty units.

      (2)If the person does not take the duplicate, the pawnbroker must return the article to the person.

    4. Production of duplicates

      (1)A person (the person) who pawned an article with a licensed pawnbroker (the pawnbroker) must produce the duplicate for the article to redeem the article, unless the duplicate is lost or stolen.

      (2)If the person does not have the duplicate because it is lost or stolen, the person must give the pawnbroker a statement setting out the circumstances of the loss or theft.

      NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

      (3)The pawnbroker must give a copy of the record for the article, signed by the pawnbroker, to the person if—

      (a)the pawnbroker is satisfied that the statement gives an adequate explanation of the loss or theft; and

      (b)the article has not been redeemed; and

      (c)the person asks for a copy of the record.

      Maximum penalty (subsection (3)):  5 penalty units.

    5. Holders of duplicates taken to be owners of pawned articles

      (1)This section applies if a person—

      (a)produces the duplicate for a pawned article to the licensed pawnbroker who gave the duplicate; and

      (b)claims to be the owner or authorised by the owner; and

      (c)asks to redeem the article.

      (2)The person is taken to be the owner of the article, or authorised by the owner and entitled to redeem the article.

      (3)However, subsection (2) does not apply if—

      (a)the pawnbroker has notice from the real owner that the duplicate was lost or stolen; or

      (b)the pawnbroker reasonably believes that the article was stolen from the real owner.

      (4)If the pawnbroker refuses to give the article to the person mentioned in subsection (1), the pawnbroker must—

      (a)tell a police officer immediately about the refusal and the reasons for it; and

      (b)give the officer the person’s name and home address or a description of the person.

      (5)A licensed pawnbroker must not, without reasonable excuse, contravene subsection (4).

      Maximum penalty:  5 penalty units.

    6. Period for sale or disposal of pawned articles

      (1)The period during which a pawned article may be redeemed (the redemption period) is—

      (a)3 months; or

      (b)if a longer period is agreed to by the licensed pawnbroker and the person pawning the article—the longer period.

      (2)A pawned article that is not redeemed by the end of the redemption period for the article is forfeited to the licensed pawnbroker who has the article, and may be sold or disposed of in another way.

      (3)An agreement for the forfeiture of a pawned article before the end of 3 months is void.

    7. Selling or disposing before end of redemption period

      A licensed pawnbroker must not sell, or dispose of in another way, a pawned article before the end of the redemption period for the article.

      Maximum penalty:  50 penalty units

    8. Method of sale for certain pawned articles

      (1)This section applies to an article—

      (a)taken in pawn by a licensed pawnbroker from a person; and

      (b)on which more than $500 was lent to the person by the pawnbroker; and

      (c)that is forfeited under this Act.

      (2)The article must be sold by public auction.

      (3)On 2 separate occasions at least 4 days before the proposed sale, the pawnbroker must give public notice about the sale.

      NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

      (4)The notice must contain a list of the articles to be sold by auction and the date each article was pawned.

      (5)A licensed pawnbroker who sells an article otherwise than in accordance with this section must pay the owner of the article $500.

    9. Pawnbroker not to buy pawned article

      If a licensed pawnbroker or a person acting on behalf of the pawnbroker buys an article pawned with the pawnbroker, the purchase is not valid against the owner.

    10. Application of proceeds of sale

      (1)This section applies if—

      (a)a pawned article is sold by the licensed pawnbroker with whom the article was pawned; and

      (b)there is a surplus; and

      (c)the person by or for whom the article was pawned claims the surplus within 12 months of the sale.

      (2)Within 2 days of the person’s claim, the pawnbroker must pay the person the surplus, less any necessary charges relating to the sale.

      (3)A licensed pawnbroker must not, without reasonable excuse, contravene subsection (2).

      Maximum penalty:  50 penalty units.

      (4)In this section:

      surplus means the amount remaining after the following are subtracted from the amount paid for the article:

      (a)the amount lent by the pawnbroker on the security of the article (the advance);

      (b)any interest due at the time of the sale of the article in relation to the advance.

    11. Records of pawned articles sold or disposed of

      (1)This section applies if a licensed pawnbroker sells or otherwise disposes of a pawned article.

      (2)The pawnbroker must make a record for the article that contains the following information:

      (a)the record number for the article made under section 9 (4) (Records of pawned articles received);

      (b)the date the article was pawned;

      (c)the name given by the person who pawned the article;

      (d)the date the article was sold or disposed of;

      (e)the amount for which the article was sold.

      Maximum penalty:  20 penalty units.

      (3)A pawnbroker must not knowingly or recklessly make a false record under this section.

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

    12. Inspection of records

      (1)This section applies if—

      (a)a licensed pawnbroker sells or otherwise disposes of a person’s pawned article; and

      (b)the person produces the duplicate for the article; and

      (c)the person asks to inspect the record about the sale or disposal.

      (2)The pawnbroker must let the person inspect the record.

      Maximum penalty:  5 penalty units.

    13. Persons attempting to redeem article when not entitled to do so may be apprehended

      If any person not entitled nor having any colour of title by law to redeem any article in pledge or pawn attempts or endeavours to redeem the article, the pawnbroker with whom the article is in pledge, or the servant or agent of the pawnbroker, may seize and detain the person and deliver the person immediately to the custody of a police officer to be dealt with according to law.

    Part 4Miscellaneous

    1. Magistrates Court may order return of article

      (1)This section applies if—

      (a)a pawned article was pawned unlawfully; and

      (b)the Magistrates Court is satisfied about the ownership of the article.

      (2)The Magistrates Court may order that the article be returned to the owner and that the person with whom the article was pawned pay compensation to the owner.

    2. Regulation-making power

      The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.


    Dictionary

    (see s 2)

    Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

    Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

    ·     fail

    ·police officer.

    article includes a chattel or goods.

    duplicate, for a pawned article, means a duplicate mentioned in section 10 (1) of a record mentioned in section 9 (2).

    licensed means licensed under the Traders (Licensing) Act 2016.

    pawnbroker means a person who carries on the business of lending money on the security of an article taken by the person by way of pawn, pledge or as security.

    NoteA person must not carry on business as a pawnbroker unless the person is licensed as a pawnbroker under the Traders (Licensing) Act 2016.

    pawned article means an article taken by a licensed pawnbroker by way of pawn, pledge or as security.

    redemption period—see section 13 (1) (Period for sale of pawned articles).

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      This Act was originally a NSW Act—the Pawnbrokers Act 1902 A1902‑66 (NSW).

      The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.

      Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).

      The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

      Under the Interpretation Act 1967, s 65 (now expired) all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.

      NSW legislation

      Pawnbrokers Act 1902 A1902‑66

      assented to 4 September 1902

      commenced 4 September 1902

      Commonwealth legislation

      as amended by

      Magistrates Court Ordinance 1985 Ord1985‑67

      notified 19 December 1985 (Cwlth Gaz 1985 No S542)

      commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)

      New South Wales Acts Ordinance 1986 Ord1986‑91

      notified 12 January 1987 (Cwlth Gaz 1987 No S1)

      commenced 12 January 1987 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)

      Legislation after becoming Territory enactment

      Pawnbrokers (Amendment) Act 1990 A1990‑33

      notified 30 Oct 1990 (Gaz 1990 No S72)
      ss 1-3 commenced 30 Oct 1990 (s 2 (1))

      remainder commenced 1 Dec 1990 (s 2 (2) and Gaz 1990 No 46)

      Magistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 9

      notified 20 Sept 1991 (Gaz 1991 No S95)
      s 1, s 2 commenced 20 Sept 1991 (s 2 (1))

      s 9 commenced 25 Sept 1991 (s 2 (2) and Gaz 1991 No S103)

      Statute Law Revision (Penalties) Act 1994 A1994-81 sch

      notified 29 Nov 1994 (Gaz 1994 No S253)
      s 1, s 2 commenced 29 Nov 1994 (s 2 (1))

      sch commenced 29 Nov 1994 (s 2 (2) and Gaz 1994 No S269)

      Pawnbrokers (Amendment) Act 1995 A1995‑15

      notified 30 June 1995 (Gaz 1995 No S135)

      commenced 30 June 1995 (s 2)

      Law Reform (Miscellaneous Provisions) Act 1999 A1999‑66

      notified 10 Nov 1999 (Gaz 1999 No 45)

      commenced 10 Nov 1999 (s 2)

      Legislation (Consequential Amendments) Act 2001 A2001-44 pt 276

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 276 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.39

      notified 5 September 2001 (Gaz 2001 No S65)

      commenced 5 September 2001 (s 2 (1))

      Justice and Community Safety Legislation Amendment Act 2002 A2002-27 pt 9, pt 1.1

      notified LR 9 September 2002
      s 1, s 2 commenced 9 September 2002 (LA s 75)

      pt 9, pt 1.1 commenced 7 October 2002 (s 2 (2))

      Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.63

      notified LR 26 March 2004
      s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

      sch 2 pt 2.63 commenced 9 April 2004 (s 2 (1))

      Justice and Community Safety Legislation Amendment Act 2011 (No 3) A2011-49 sch 1 pt 1.7

      notified LR 22 November 2011
      s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

      sch 1 pt 1.7 commenced 12 December 2011 (s 2 (2) (a) and see Statute Law Amendment Act 2011 (No 3) A2011-52 s 2)

      Justice and Community Safety Legislation (Red Tape Reduction No 1—Licence Periods) Amendment Act 2013 A2013-28 pt 7

      notified LR 21 August 2013
      s 1, s 2 commenced 21 August 2013 (LA s 75 (1))

      pt 7 commenced 22 August 2013 (s 2)

      Red Tape Reduction Legislation Amendment Act 2014 A2014‑47 pt 8

      notified LR 6 November 2014
      s 1, s 2 commenced 6 November 2014 (LA s 75 (1))

      pt 8 commenced 7 November 2014 (s 2)

      Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.50

      notified LR 30 September 2015
      s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
      sch 1 pt 1.50 commenced 14 October 2015 (s 2)

      Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.32

      notified LR 13 April 2016
      s 1, s 2 commenced 13 April 2016 (LA s 75 (1))

      sch 3 pt 3.32 commenced 27 April 2016 (s 2)

      Traders (Licensing) Act 2016 A2016-46 sch 2 pt 2.3

      notified LR 22 August 2016
      s 1, s 2 commenced 22 August 2016 (LA s 75 (1))
      sch 2 pt 2.3 commenced 22 August 2017 (s 2)

      Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.40

      notified LR 9 June 2021
      s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
      sch 3 pt 3.40 commenced 23 June 2021 (s 2 (1))

    1. Amendment history

      The New South Wales Acts Act 1986 (previously the New South Wales Acts Ordinance 1986), sch 2, pt 2 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT.  This endnote, therefore, only details amendments made after that date.

      Title

      titlesub A2002‑27 amdt 1.1

      Name of Act

      s 1sub A2001‑56 amdt 3.450

      Dictionary

      s 2ins A2002‑27 amdt 1.2

      am A2016‑46 amdt 2.15

      Notes

      s 3sub A2002‑27 amdt 1.2

      def article om A2002‑27 amdt 1.2

      def charge am A1995‑15 s 4

      om A2002‑27 amdt 1.2

      def convicted am A1995‑15 s 4

      om A2002‑27 amdt 1.2

      def court am A1995‑15 s 4

      om A2002‑27 amdt 1.2

      def licence om A2002‑27 amdt 1.2

      def pawnbroker om A2002‑27 amdt 1.2

      def registrar am A1995‑15 s 4

      om A2002‑27 amdt 1.2

      Application of Act

      s 4 hdgsub A2002‑27 amdt 1.3

      s 4am A2002‑27 amdt 1.4, amdt 1.5

      Licences

      pt 2 hdgsub A2002‑27 s 29

      om A2016‑46 amdt 2.16

      Pawnbrokers to be licensed

      s 5sub A1990‑33 s 4

      am A1994‑81 sch

      sub A2002‑27 s 29

      am A2013‑28 s 14

      om A2016‑46 amdt 2.16

      Pawnbrokers must be licensed

      s 6am A1991‑44 s 9

      sub A1995‑15 s 5

      am A2001‑44 amdt 1.3099, amdt 1.3100

      om A2002‑27 s 29

      ins A2002‑27 amdt 1.6

      om A2016‑46 amdt 2.17

      Licences

      s 6Ains A1995‑15 s 5

      am A2001‑56 amdt 3.451

      om A2002‑27 s 29

      Name of pawnbroker etc to be displayed on premises

      s 7sub A1995‑15 s 5

      am A2001‑56 amdt 3.452

      om A2002‑27 s 29

      ins A2002‑27 amdt 1.6

      om A2014‑47 s 13

      Objections to granting of licences

      s 7Asub A1995‑15 s 5

      sub A2001‑56 amdt 3.453

      om A2002‑27 s 29

      Pawnbrokers—carrying on business

      s 8 hdgins A2002‑27 s 30

      s 8am A1991‑44 s 9

      sub A1995‑15 s 5

      am A2001‑44 amdt 1.3101, amdt 1.3102; A2001‑56 amdt 3.454, amdt 3.455

      om A2002‑27 s 29

      ins A2002‑27 s 31

      am A2002‑27 amdt 1.7; A2021-12 amdt 3.94

      Duration of licences

      s 8Ains A1995‑15 s 5

      om A2002‑27 s 29

      Record of licences to be kept

      s 8Bins A1995‑15 s 5

      om A2002‑27 s 29

      Records of pawned articles received

      s 9am A1990‑33 s 5; A1994‑81 sch

      om A2002‑27 s 29

      ins A2002‑27 amdt 1.9

      Duplicates of records

      s 10om A2002‑27 s 29

      ins A2002‑27 amdt 1.9

      Production of duplicates

      s 11am A1990‑33 s 6; A1994‑81 sch

      om A2002‑27 amdt 1.6

      ins A2002‑27 amdt 1.9

      amA2016‑18 amdts 3.155-3.157

      Holders of duplicates taken to be owners of pawned articles

      s 12sub A1990‑33 s 7

      am A1994‑81 sch

      om A2002‑27 amdt 1.8

      ins A2002‑27 amdt 1.9

      Period for sale or disposal of pawned articles

      s 13am A1990‑33 s 8, sch; A1994‑81 sch; A2001‑56 amdt 3.456

      sub A2002‑27 amdt 1.9

      Selling or disposing before end of redemption period

      s 14am A1990‑33 s 9, sch; A1994‑81 sch; A2001‑56 amdt 3.457

      sub A2002‑27 amdt 1.9

      Method of sale for certain pawned articles

      s 15am A1990‑33 s 10, sch; A1994‑81 sch

      sub A2002‑27 amdt 1.9

      am A2015‑33 amdt 1.163

      Pawnbroker not to buy pawned article

      s 16am A1990‑33 s 11, sch; A1994‑81 sch; A2001‑56 amdt 3.458, amdt 3.459

      sub A2002‑27 amdt 1.9

      Application of proceeds of sale

      s 17sub A2002‑27 amdt 1.9

      Records of pawned articles sold or disposed of

      s 18sub A1990‑33 s 12

      am A1994‑81 sch

      sub A2002‑27 amdt 1.9

      Inspection of records

      s 19am A1990‑33 s 13; A1994‑81 sch; A1999‑66 s 6 sch 3

      sub A2002‑27 amdt 1.9

      Pawnbroker not to purchase

      s 20orig s 20 am A1990‑33 sch

      om A2002‑27 amdt 1.9

      (prev s 29) am A1990‑33 sch; A2001‑56 amdt 3.460

      renum A2002‑27 amdt 1.11

      am A2021-12 amdt 3.95

      Miscellaneous

      pt 4 hdgsub A2002‑27 amdt 1.12

      Working out whether person suitable

      s 21sub A1990‑33 s 14, sch

      am A1994‑81 sch

      om A2002‑27 amdt 1.9

      ins A2002‑27 s 32

      om A2016‑46 amdt 2.17

      Cancellation and suspension of licences

      s 22am A1990‑33 s 15, sch; A1994‑81 sch

      om A2002‑27 amdt 1.9

      ins A2002‑27 s 32

      om A2016‑46 amdt 2.17

      Register of licences

      s 23sub A1990‑33 s 16

      am A1994‑81 sch

      om A2002‑27 amdt 1.9

      ins A2002‑27 s 32

      om A2016‑46 amdt 2.17

      Keeping of register

      s 24sub A1990‑33 s 16

      am A1994‑81 sch

      om A2002‑27 amdt 1.10

      ins A2002‑27 s 32

      om A2016‑46 amdt 2.17

      False or misleading information

      s 25om A1990‑33 s 17

      ins A2002‑27 s 32

      om A2004‑15 amdt 2.139

      Magistrates Court may order return of article

      s 26am A1990‑33 s 18, sch; A1994‑81 sch

      om R2 LRA

      ins A2002‑27 amdt 1.14

      Determination of fees and charges

      s 27ins A2002‑27 s 33

      om A2016‑46 amdt 2.17

      Approved forms

      s 28ins A2002‑27 s 33

      am A2011‑49 amdt 1.13

      om A2016‑46 amdt 2.17

      Regulation-making power

      s 29orig s 29 renum as s 20

      ins A2002‑27 s 33

      Transitional

      pt 5 hdgins A2002‑27 s 34

      exp 7 April 2003 (s 32)

      Definitions for pt 5

      s 30ins A2002‑27 s 34

      def amendment Act ins A2002‑27 s 34

      def commencement ins A2002‑27 s 34

      def current Act ins A2002‑27 s 34

      def previous Act ins A2002‑27 s 34

      exp 7 April 2003 (s 32)

      Existing applications for licences

      s 31am A1995‑15 s 6

      om A2002‑27 amdt 1.13

      ins A2002‑27 s 34

      exp 7 April 2003 (s 32)

      Expiry of pt 5

      s 32sub A1990‑33 s 19

      am A1991‑44 s 9; A1995‑15 s 6

      om A2002‑27 amdt 1.13

      ins A2002‑27 s 34

      exp 7 April 2003 (s 32)

      Advertisements

      s 33sub A1990‑33 s 19

      am A1994‑81 sch

      om A2002‑27 amdt 1.13

      Lending licences

      s 34am A1990‑33 s 20, sch; A1994‑81 sch; A1995‑15 s 6

      om A2002‑27 amdt 1.13

      Forged or altered licences

      s 35sub A1990‑33 s 21

      am A1994‑81 sch

      om A2002‑27 amdt 1.13

      Forging etc duplicates

      s 36am A1990‑33 s 22; A1994‑81 sch; A2001‑56 amdt 3.461, amdt 3.462

      om A2002‑27 amdt 1.13

      Pawnbroker to produce books etc

      s 37am A1990‑33 s 23; A1994‑81 sch; A2001‑56 amdt 3.463

      om A2002‑27 amdt 1.13

      Court may order delivery of goods pawned on payment of compensation or otherwise

      s 39am A1995‑15 s 6

      om A2002‑27 amdt 1.14

      Penalties

      s 40om A1990‑33 s 24

      General issues

      s 46am A1990‑33 sch

      om A2002‑27 amdt 1.15

      Approved forms

      s 47ins A2001‑44 amdt 1.3103

      (4)-(7) exp 12 September 2002 (s 47 (7))

      om A2002‑27 s 33

      sch hdgom A1995‑15 s 7

      sch 1(prev first schedule) sub A1995‑15 sch

      om A2001‑44 amdt 3.104

      sch 2 hdgsub A1995‑15 s 7

      sch 2(prev second schedule) am A1990‑33 sch; A1991‑44 s 9

      om A2001‑44 amdt 3.104

      Dictionary

      dictins A2002‑30 amdt 1.16

      am A2011‑49 amdt 1.14; A2016‑18 amdt 3.158; A2016‑46 amdt 2.18

      def article ins A2002‑27 amdt 1.16

      def commissioner ins A2002‑27 amdt 1.16

      om A2016‑46 amdt 2.19

      def disqualified ins A2002‑27 amdt 1.16

      om A2016‑46 amdt 2.19

      def duplicate ins A2002‑27 amdt 1.16

      sub A2021-12 amdt 3.96

      def executive officer ins A2002‑27 amdt 1.16

      om A2016‑46 amdt 2.19

      def licence ins A2002‑27 amdt 1.16

      om A2016‑46 amdt 2.19

      def licensed ins A2016‑46 amdt 2.20

      def licensed pawnbroker ins A2002‑27 amdt 1.16

      om A2016‑46 amdt 2.21

      def pawnbroker ins A2002‑27 amdt 1.16

      am A2016‑46 amdt 2.22

      def pawned article ins A2002‑27 amdt 1.16

      def redemption period ins A2002‑27 amdt 1.16

      def suitable person ins A2002‑27 amdt 1.16

      om A2016‑46 amdt 2.23

    2. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 A1991‑44 31 August 1992
    2 A1995‑15 31 January 1998
    3 A2001‑56 30 April 2002
    4 A2002‑27 13 September 2002
    5 A2002‑27 7 October 2002
    6 A2002‑27 8 April 2003
    7 A2004‑15 9 April 2004
    8 A2011‑49 12 December 2011
    9 A2013-28 22 August 2013
    10 A2014‑47 7 November 2014
    11 A2015-33 14 October 2015
    12 A2016-18 27 April 2016
    13 A2016‑46 22 August 2017

    ©  Australian Capital Territory 2021

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