Pawnbrokers Act Amendment Act 1985 (Qld)

879 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 59 of 1985 An Act to amend the Pawnbrokers Act 1984 in certain particulars [ASSENTED TO 20TH SEPTEMBER, 1985]

880 Pawnbrokers Act Amendment Act 1985, No. 59 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 1985. (2) In this Act the Pawnbrokers Act 1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Pawnbrokers Act 1984-1985. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) omitting the definition "Local Authority" and substituting the following definition:- "Local Authority" means- (a) a Local Authority constituted under the Local Government Act 1936-1985; (b) the Brisbane City Council constituted under the City ofBrisbane Act 1924-1984; (c) each of them the Council of the Shire of Aurukun and the Council of the Shire of Mornington constituted under the Local Government (Aboriginal Lands) Act 1978-1981; (d) an Aboriginal Council constituted under the CommunityServices (Aborigines) Act 1984; (e) an Island Council constituted under the CommunityServices (Torres Strait) Act 1984;",- (c) adding at the end of the section the following subsection:- "(2) Where an application is made under section 11 or section 17 in respect of an area within the meaning of the Community Services (Aborigines) Act 1984 or the CommunityServices (Torres Strait) Act 1984 the certificate required shall be that of the Aboriginal Council or Island Council that governs that area.". 4. Amendment of s, 9 . Issue of licences . Section 9 of the Principal` Act is amended by omitting the words "or, where so prescribed, a police officer".

Pawnbrokers Act Amendment Act 1985, No. 59 881 5. Amendment of s. 11. Application for licence . Section 11 of the Principal Act is amended by- (a) in subsection (1) omitting the words "or for renewal of a licence"; (b) in subsection (2)- (i) omitting the words "An application" and substituting the words "Subject to subsections (4) and (5) an application"; (ii) in paragraph (a), omitting the words "that the Local Authority has no objection to the applicant so doing in that Area" and substituting the words "(which Local Authority is hereunto required to supply such a certificate) stating whether or not the Local Authority objects to the applicant so doing in that Area or objects to the premises specified in the application"; (c) inserting after subsection (2) the following subsection:- "(2A) A certificate referred to in subsection (2) may be issued under the seal of the Local Authority or under the hand of an employee of the Local Authority authorised by the Local Authority to issue such a certificate."; (d) in subsection (3) inserting after the word " premises " the words "(being not more than one)"; (e) inserting after subsection (3) the following subsections:- "(4) It shall not be necessary for an application for a licence to be accompanied by a certificate of the Local Authority where the applicant already holds a licence under the Second-handDealers and Collectors Act 1984 in respect of the same premises. (5) Where an application for a licence is accompanied by an application for a licence under the Second-hand Dealers andCollectors Act 1984 in respect of the same premises one certificate only of the Local Authority is required to accompany both applications.". 6. Amendment of s. 12. Inquiries into application . Section 12 of the Principal Act is amended by- (a) in provision (c) omitting the word "Qyeensland." and substituting the word "Queensland;"; (b) inserting after provision (c) the following provision:- "(ca) make or cause to be made any inspections of or inquiry or investigation in respect of the premises the subject of the application;". 7. Amendment of s. 13. Initial application to be determined by authorized officer. Section 13 of the Principal Act is amended in subsection (1) by omitting the words " , other than for a renewal of a licence,".

882 Pawnbrokers Act Amendment Act 1985, No. 59 8. Amendment of s. 14. Renewal of licences. Section 14 of the Principal Act is amended by omitting subsections (2), (3), (4), (5) and (6) and substituting the following subsections:- "(2) An officer in charge of police who receives an application for renewal of a licence shall forward the application and his recommendation to an authorized officer who shall determine the matter. (3) In his determination of an application for renewal of a licence pursuant to subsection (2), an authorized officer may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (4) Upon approval of an application for renewal, a licence shall be renewed by the issue of another licence and where an application for renewal of a licence is approved subject to conditions, those conditions shall be endorsed on the renewed licence.". 9. Repeal of and new s. 17. Licence not transferable . The Principal Act is amended by repealing section 17 and substituting the following section:- "17. Licence not transferable. (1) A licence cannot be transferred to another person. (2) An application by a licensee to replace the premises endorsed on his licence with other premises (being not more than one) shall be made in or to the effect of the prescribed form and, save in the case of a body corporate or where otherwise prescribed, shall be made by the licensee personally to the officer in charge of police for the division of the Police District in which the licensee resides or in which he presently carries on business or proposes to carry on business at the replacement premises. (3) Subject to subsections (5) and (6) an application shall be accompanied by- (a) a certificate in or to the effect of the prescribed form of the Local Authority for the Local Authority Area in which the licensee proposes to carry on business as a pawnbroker at the replacement premises (which Local Authority is hereunto required to supply such a certificate) stating whether or not the Local Authority objects to the licensee so doing in that Area or objects to the replacement premises specified in the application; and (b) the prescribed fee, if any. (4) A certificate referred to in subsection (3) may be issued under the seal of the Local Authority or under the hand of an employee of the Local Authority authorised by the Local Authority to issue such a certificate. (5) It shall not be necessary for an application to replace the premises endorsed on a licence with other premises to be

Pawnbrokers Act Amendment Act 1985, No. 59 883 accompanied by a certificate of the Local Authority where the applicant has already had the same replacement premises endorsed on a licence under the Second-hand Dealers and Collectors Act1984-1985. (6) Where an application to replace the premises endorsed on a licence with other premises is accompanied by a similar application under the Second-hand Dealers and Collectors Act1984-1985 in respect of the same premises one certificate only of the Local Authority is required to accompany both applications. (7) An officer in charge of police who receives an application from a licensee under this section shall forward the application and his recommendation to an authorized officer. (8) An authorized officer may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (9) Where an application is approved details of the replacement premises and any conditions imposed shall be endorsed on the licence.". 10. Amendment of s. 20. Replacement licence . Section 20 of the Principal Act is amended in subsection (2) by omitting the words "the words "Replacement Licence issued in lieu of Licence No. " and with". 11. Amendment of s. 25 . Licence to specify premises. Section 25 of the Principal Act is amended by omitting the words "A licence" and substituting the words "Subject to section 17 a licence". 12. Amendment of s. 34. Period of redemption of pledges . Section 34 of the Principal Act is amended in subsections (3) and (4) by omitting the expression "$ 10" where twice occurring and substituting the expression "$40" in each case. 13. Amendment of s. 35 . Sale of pledges . Section 35 of the Principal Act is amended by inserting after subsection (4) the following subsection:- "(5) At any time when the premises of a licensed pawnbroker are open for business the pawnbroker shall, upon request by a police officer, make available to him all books of account and records that relate to requirements imposed by subsections (3) and (4).". 14. Amendment of s. 61 . Appeals. Section 61 of the Principal Act is amended in subsection (1), in provision (a) of the first paragraph, by inserting after the words "renewal of a licence" the words "or to replace the premises endorsed on his licence with other premises".