Pawnbrokers and Second-hand Dealers Amendment (Fees) Regulation 2020 (NSW)

New South Wales

Pawnbrokers and Second-hand Dealers

Amendment (Fees) Regulation 2020

under the

Pawnbrokers and Second-hand Dealers Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Pawnbrokers and Second-hand Dealers Act 1996.

KEVIN ANDERSON, MP

Minister for Better Regulation and Innovation

Explanatory note

The object of this Regulation is to amend the Pawnbrokers and Second-hand Dealers Regulation 2015 to—

(a) provide for the partial refund of certain application fees for licences payable under the Pawnbrokers

and Second-hand Dealers Act 1996 (the Act), and

(b) prescribe certain fees payable in connection with the administration of the Act.

This Regulation is made under the Pawnbrokers and Second-hand Dealers Act 1996, including sections 9,
10A, 13 and 43 (the general regulation-making power).

Pawnbrokers and Second-hand Dealers Amendment (Fees) Regulation 2020 [NSW]

Pawnbrokers and Second-hand Dealers Amendment (Fees)

Regulation 2020

under the

Pawnbrokers and Second-hand Dealers Act 1996

1      Name of Regulation

This Regulation is the Pawnbrokers and Second-hand Dealers Amendment (Fees)

Regulation 2020.

2      Commencement

This Regulation commences on 1 July 2020 and is required to be published on the
NSW legislation website.

Pawnbrokers and Second-hand Dealers Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Pawnbrokers and Second-hand Dealers Regulation 2015

Schedule 1 Amendment of Pawnbrokers and Second-hand
Dealers Regulation 2015

[1]      Clause 8B

Insert after clause 8A—

8B Partial refund of application fees for certain licences

(1)

This clause applies to an application fee for a licence with a term of 3 years or
5 years, paid by or on behalf of a person who—

(a)	has surrendered the licence granted under the Act, or
(b)	if the fee was paid by or on behalf of an individual—has died.

(2)

A person may apply to the Secretary for a refund of the application fee if the
person—

(a)	paid the application fee, or
(b)	is applying for or on behalf of the person who paid the application fee, or
(c)	is the legal representative of a deceased individual who paid the application fee.

(3)

A person is not entitled to make an application under this clause if the licence
was surrendered as a result of disciplinary action.

(4)

A person who makes an application under subclause (2) is—

(a)	for a licence with a term of 3 years—entitled to a refund of one-third of the fixed component of the application fee paid for each complete year remaining for the licence, or
(b)	for a licence with a term of 5 years—entitled to a refund of one-fifth of the fixed component of the application fee paid for each complete year remaining for the licence.

(5)

In this clause—

application fee means the following—

(a)	an application fee for the grant of a licence,
(b)	an application fee for the renewal of a licence,
(c)	an application fee for the restoration of a licence.

fixed component, of an application fee, is the amount set out in Column 2 of

Part 1 of Schedule 3 in relation to the fee.

[2]      Schedule 3 Fees

Omit Part 1. Insert instead—

Pawnbrokers and Second-hand Dealers Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Pawnbrokers and Second-hand Dealers Regulation 2015

Part 1 Fees payable

Item	Column 1	Column 2	Column 3	Column 4
Type of fee	Fixed	Processing	Total
component	component	(in fee units)
(in fee units)	(in fee units)
1	Application for grant of licence

(a)	1 year	3.35	1.91	5.26
(b)	3 years	10.05	1.91	11.96
(c)	5 years	16.75	1.91	18.66

2

Application for renewal of
licence

(a)	1 year	3.35	0.45	3.8
(b)	3 years	10.05	0.45	10.5
(c)	5 years	16.75	0.45	17.2

3

Application for restoration of
licence

(a)	1 year	3.35	0.92	4.27
(b)	3 years	10.05	0.92	10.97
(c)	5 years	16.75	0.92	17.67

4

Application for replacement of Nil 0.46 0.46

licence

5 Application for certificate 0.18 Nil 0.18

containing extract from register