Pawnbrokers and Second-hand Dealers Act 1996 Pawnbrokers and Second-hand Dealers Amendment (Offences) Regulation 1997 (1997-271) [GG No 68 of 27.6.1997, p 4893] (NSW)

1997 No 271

New South Wales

Pawnbrokers and Second-hand Dealers Amendment (Offences) Regulation 1997

under the

Pawnbrokers and Second-hand Dealers Act 1996

His Excellency the Governor, with the advice of the Executive Council, has

made the following Regulation under the Pawnbrokers and Second-hand

Dealers Act 1996.

FAYE LO PO´ M.P.,

Minister for Fair Trading

Explanatory note
The object of this Regulation is to amend the Pawnbrokers and Second-hand Dealers Regulation 1997 to prescribe expressions referring to each of the

offences under the Pawnbrokers and Second-hand Dealers Act 1996 that may be dealt with by penalty notice. In accordance with section 145B of the Justices Act 1902, a statement or description of an offence by means of the prescribed expression is sufficient for the purposes of legal process (including penalty notices).

This Regulation is made under sections 26 and 27 of the Pawnbrokers and
Second-hand Dealers Act 1996, and by virtue of section 145B (3) of the

Justices Act 1902.

Published in Gazette No 68 of 27 June 1997, page 4893 Page 1

1997 No 271

Clause 1 Pawnbrokers and Second-hand Dealers Amendment (Offences) Regulation 1997

Pawnbrokers and Second-hand Dealers Amendment (Offences) Regulation 1997

1 Name of Regulation

This Regulation is the Pawnbrokers and Second-hand Dealers

Amendment (Offences) Regulation 1997.

2 Amendment of Pawnbrokers and Second-hand Dealers

Regulation 1997

The Pawnbrokers and Second-hand Dealers Regulation 1997 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

1997 No 271

Pawnbrokers and Second-hand Dealers Amendment (Offences) Regulation 1997

Amendments Schedule 1

Schedule 1 Amendments

(Clause 2)

[1]       Clause 21

Omit the clause. Insert instead:

21 Penalty notices, demerit points and short descriptions of

offences

For the purposes of section 145B of the Justices Act

1902, the prescribed expression for an offence created by

a provision specified in Column 1 of Schedule 2 is:

(a)	the expression specified in Column 2 of that Schedule, or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

Each offence created by a provision specified in Column 1 of Schedule 2 is a prescribed offence for the purposes of sections 26 and 27 of the Act.

The penalty specified in Column 3 of Schedule 2 opposite the prescribed expression for an offence is the amount of penalty prescribed for the offence if dealt with under section 26 of the Act.

The number of dement points specified in Column 4 of Schedule 2 opposite the prescribed expression for an

the purposes of section 27 (2) of the Act in respect of the offence is the number of demerit points prescribed for

offence.

For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

1997 No 271

Pawnbrokers and Second-hand Dealers Amendment (Offences) Regulation 1997

Schedule 1 Amendments

(6)	The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
(7)	Subclause (6) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

[2] Schedule 2

Insert after Schedule 1:

Schedule 2 Penalty notices, demerit points and
short descriptions of offences

(Clause 21 )

Column 1	Column 2	Column 3	Column 4
Provision of Act	Short description of	Penalty if dealt	Number of
offence	with by penalty	demerit
notice (in	points
dollars)
Section 12 (2)	Not notify business	300	2
changes

Section 14 (1)	Licence particulars not 300	1
displayed
Section 14 (2)	Licence particulars not 300	1
displayed (itinerant)

Section 16	(6)	Record not signed	300	2
Section	17	Requirement not	300	2
complied with (sec. 17)
Section	19	Not inform of	500	2
suspicious goods
Section	20	Goods not opened	300	2

Section 21 (1) (a)	Goods not retained at	500	2
prescribed premises

1997 No 271

Pawnbrokers and Second-hand Dealers Amendment (Offences) Regulation 1997

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4
Provision of Act	Short description of	Penalty if dealt	Number of
offence	with by penalty	demerit
notice (in	points
dollars)

Section 2 1 (1 ) (b) Form of goods altered	500	2
Section 21 (1) (b) Redemption of goods	500	2

contrary to sec. 21

Section 21 (1) (b) Part with goods 500 2

Section 21 (4)	Notice not complied	500	2
with (sec. 21)
Section 24	False statement	300	2
Section 25	Obstructing officer	300	2
Section 28 (1)	Pledge not recorded as	500	2
prescribed
Section 28 (4)	Pledge record not	500	2
retained
Section 28 (5)	Record not supplied to	500	2
pledgor
Section 28 (6)	Pledge record not	500	2
supplied to police
Section 29 (5)	Goods sold before time	300	2
Section 29 (6)	Redemption without	300	2
proper ID
Section 29 (6)	Redemption contrary to	300	2
regulations
Section 30 (2)	Goods sold contrary to	300	2
sec. 30
Section 30 (2)	Sale permitted contrary	300	2
to sec. 30
Section 31	Surplus proceeds of	300	2
pledge sale not paid

Section 32 Goods purchased 300 2

contrary to sec. 32

Section 37	Fail to surrender	100	Nil
licence