Pawnbrokers and Second-hand Dealers Amendment Regulations 2020 (WA)
2770 GOVERNMENT GAZETTE, WA 1 September 2020
POLICE
P0301
Pawnbrokers and Second-hand Dealers Act 1994
Pawnbrokers and Second-hand Dealers
Amendment Regulations 2020
SL 2020/147
Made by the Governor in Executive Council.
1. Citation
These regulations are the Pawnbrokers and Second-hand
Dealers Amendment Regulations 2020.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2— on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulations 5 to 10— on 1 December 2020; (c)
the rest of the regulations — on the day after gazettal day.
(Commonwealth) section 5(1); or
3. Regulations amended These regulations amend the Pawnbrokers and Second-hand
Dealers Regulations 1996.
4. Regulation 3 amended
In regulation 3 in the definition of financial body delete paragraph (a) and insert:
(a)
an authorised deposit-taking institution as defined in the Banking Act 1959
1 September 2020 GOVERNMENT GAZETTE, WA 2771 (aa) a bank constituted by a law of a State, a
Territory or the Commonwealth; or
5. Regulation 5 amended
In regulation 5(1) in the Table item 6 delete "gold or silver)." and insert:
gold, silver, copper or copper alloy (including bronze and brass)).
6. Regulation 13A amended
Delete regulation 1 3A(2)(a) and insert:
(a) bears the person's photograph, full name,
signature and date of birth; and(aa) bears the date and place of issue, date of expiry
and an identifying number; and
7. Regulation 15 amended
Delete regulation 15(4) to (6) and insert:
(4) For the purposes of section 79(c), a pawnbroker or
second-hand dealer is to give the information referred
to in subregulation (1) or (2), as the case requires, to
the Commissioner -
(a) by submitting the information through an
electronic system -(i) approved by the Commissioner to receive information given under
section 79; and
(ii) notified to the pawnbroker or Commissioner;
or
(b)
if the system referred to in paragraph (a) is unavailable at the time the information is intended to be given - by emailing the information to an email address notified to the pawnbroker or second-hand dealer by the Commissioner; or
(c) by giving the information by a means that the
Commissioner has allowed in the case of the
pawnbroker or second-hand dealer because of
special circumstances.
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(5) For the purposes of section 79(d), a pawnbroker or
second-hand dealer is to give the information referred
to in subregulation (1) or (2), as the case requires, to
the Commissioner -
(a) if the pawnbroker or second-hand dealer gives the information by the means described in subregulation (4)(a) - as soon as the information becomes available to the pawnbroker or second-hand dealer; or (b) if the pawnbroker or second-hand dealer gives the information by the means described in subregulation (4)(b) or (c) - as soon as practicable, but no later than 24 hours, after the information becomes available to the pawnbroker or second-hand dealer.
8. Regulation 28 amended
(1) Delete regulation 2 8(2) and (3) and insert:
(2) The fee to accompany an application for the issue of a
second-hand dealer's licence only is set out in item 2 of
the Table to this regulation.(2) In regulation 28(4) delete "item 4" and insert: item 3 (3) In regulation 28(5) delete "item 1, 2, 3 or 4" and insert:
item 1,2or3 (4) In regulation 28 in the Table:
(a) in item 2 delete "(computer option)"; (b) delete item 3; (c) renumber item 4 as item 3. 9. Regulation 29 amended
(1) Delete regulation 29(2) and (3) and insert:
(2)
The fee to accompany an application for the renewal of a second-hand dealer's licence only is set out in item 2 of the Table to this regulation.
1 September 2020 GOVERNMENT GAZETTE, WA 2773
(2) In regulation 29(4) delete "item 4" and insert: item 3 (3) In regulation 29(5) delete "item 1, 2, 3 or 4" and insert: item 1,2or3 (4) In regulation 29 in the Table:
(a) in item 2 delete "(computer option)"; (b) delete item 3; (c) renumber item 4 as item 3.
10. Part 8 inserted
After regulation 32 insert:Part 8— Transitional provisions
33. Transitional provisions relating to Pawnbrokers and
Second-hand Dealers Amendment Regulations 2020(1) In this regulation -
commencement day means the day on which the
Pawnbrokers and Second-hand Dealers Amendment
Regulations 2020 regulation 7 comes into operation;
current licence period, in relation to a person, means
the person's licence period in effect immediately
before commencement day;
relevant day means the earlier of the following -
(a) the day after the end of the current licence period; (b) 1 February 2021.
(2) Subregulation (3) applies in relation to a contract if—
(a)
the contract is entered into before commencement day; but
(b)
the information required to be given to the Commissioner under regulation 15(1) or (2) in relation to the goods that are the subject of the contract is not given before commencement day.
(3) The information may be given to the Commissioner as
if the Pawnbrokers and Second-hand Dealers
Amendment Regulations 2020 regulation 7 had not
come into operation.
2774 GOVERNMENT GAZETTE, WA 1 September 2020
(4) Subregulation (5) applies if, immediately before
commencement day —
(a)
a person holds a second-hand dealer's licence only; and
(b)
an election to give the Commissioner information for the purposes of section 79 by way of transmission by facsimile machine is in effect in relation to the person.
(5) The person may continue to give the Commissioner
information for the purposes of section 79 by way of
transmission by facsimile machine as if thePawnbrokers and Second-hand Dealers Amendment Regulations 2020 regulation 7 had not come into operation. (6) Subregulation (5) ceases to apply in relation to the
person —
(a)
unless paragraph (b) applies, on the relevant day; or
(b)
if an action is taken under section 27(3) in relation to the licence or the person before the relevant day — when the action is taken.
M. INGLIS, Clerk of the Executive Council.
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