Pawnbrokers Act Amendment Act 1984 (Qld)

605 (1L ueenstautb i L Z ANNO TRICESIMO TERTIO AE C 1 No. 56 of 1984 Act to a m end the PawnbrokersAct 1984 particulars certain [ASSENTED TO 15TH MAY, 1984]

606 Pawnbrokers Act Amendment Act 1984, No. 56 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Pawnbrokers Act Amendment Act 1984. (2) In this Act the Pawnbrokers Act1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Pawnbrokers Act1984. 2. Repeal of and new s . 61. Appeals . The Principal Act is amended by repealing section 61 and substituting the following section:- " 61 . Appeals . (1) Subject to this section, a person who feels aggrieved by- (a) the refusal of his application for a licence or for the endorsement on the licence of a representative of the licensed pawnbroker or for the renewal of a licence; (b) the imposition or variation at any time of any terms or conditions imposed upon a licence issued to him; (c) the revocation of a licence issued to him, may, within 28 days after the date of service of the notice of refusal, imposition , variation or revocation, appeal to the Magistrates Court exercising jurisdiction at or nearest the place where the applicant carries or, as the case may be, proposes to carry on business as a pawnbroker. An appeal shall be instituted by- (a) lodging with the Clerk of the Court having jurisdiction written notice of appeal; and (b) serving a copy of that notice on the authorized officer. A notice of appeal- (c) shall specify fully the grounds of appeal and the facts upon which he relies; and (d) if a form is prescribed, shall be in or to the effect of that form. Before his appeal is determined the appellant is entitled to be informed of the grounds upon which his application has been refused, his licence has been endorsed or revoked or conditions imposed or varied in respect of his licence. An appeal shall be by way of re-hearing. (2) Jurisdiction is hereby conferred on Magistrates Courts to hear and determine appeals instituted in accordance with this section.

Pawnbrokers Act Amendment Act 1984, No. 56 607 (3) (a) Rules of Court may be made, under the MagistratesCourts Act1921-1982 with respect to the institution, conduct and disposal of appeals to the Magistrates Court pursuant to the provisions of this section. (b) Until those rules are made or in so far as those rules do not extend- (i) the procedure for obtaining subpoenas to witnesses requiring them to attend on such an appeal shall, subject however to all such modifications and adaptations thereof as are necessary to give operation and effect to this section, be that provided by the Rules of Court made under the Magistrates Court Act 1921-1982, as if that appeal were a proceeding under those lastmentioned Rules of Court; (ii) a Stipendiary Magistrate may, in any particular case, give such directions as he thinks fit, including directions in relation to obtaining subpoenas where the procedure under subparagraph (i) does not extend or is inappropriate, and such directions shall, according to their tenor, have the force and effect of Rules of Court made for the purposes of the appeal. (4) No appeal shall lie against the determination of an appeal by a Magistrates Court under this section, which decision shall be final: Provided always that nothing in this section shall prevent upon reasonable grounds the refusal of any subsequent application, the variation or imposition of any terms or conditions or the revocation of any licence subsequent to the Magistrates Court's determination. (5) Notwithstanding that an appeal has been lodged, any refusal, imposition or variation or revocation under this Act shall be effective as such until the Magistrates Court makes its determination upon the appeal. A person who has duly appealed against- (a) the refusal to renew his licence; or (b) the revocation of his licence, shall be entitled to carry on business in all respects as if his licence had been renewed or had not been revoked pending the determination of the appeal.". 3. Amendment of s. 62. Protection of Crown , Minister, police officers and others . Section 62 of the Principal Act is amended by omitting the words ", any delegate of the Minister ".

608 Pawnbrokers Act Amendment Act 1984, No. 56 4. Amendment of s. 64. Evidentiary provisions . Section 64 of the Principal Act is amended in provision (a) by omitting the words " any delegate of the Minister,".