Second-Hand Dealers and Pawnbrokers Act 1989 (Vic)

Version No. 085

Second-Hand Dealers and Pawnbrokers Act 1989

No. 54 of 1989

Version incorporating amendments as at

1 March 2020

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Application

Part 2—Registration

Division 1—General

5Second-hand dealers and pawnbrokers to be registered

6Eligibility for registration

7Application for registration

7AApplication for endorsement

8Investigation of application

8AConsideration of application

8BAuthority may impose conditions

8CNotation of condition on certificate of registration

9Registration

9AAEndorsement

9ANotice of decision

9BApplication for review

10Automatic cancellation of registration

10APermission to be registered or to continue to be registered

10BConditions on permission

11Annual registration fee and statement

11AAAnnual endorsement fee

11AFailure to comply with section 11

11BReturn of certificates of registration

11CSurrender of registration or endorsement

12Notification of changes

12AAddress for notices

13Register

14Correction of the register

16Offences

17Display of current registration certificate

18Death, disability etc. of registered person

Division 2—Disciplinary action

18ADisciplinary action

18BDetermination of disciplinary measures by Tribunal

18CEffect of suspension

18DSuspended and cancelled certificates of registration must be returned

Part 3—Conduct of business

19Identifying persons selling or pawning goods

19APayment for scrap metal

19BProhibition on buying, disposing of or possessing unidentified motor vehicles

20Recording transactions

21Retention of goods for seven days

21ARecording storage location of goods

22Co-operation with police

23Contracts for pawning goods

23AReturn of residual equity in unredeemed goods that are sold

Part 4—Disputes as to the ownership of goods

24Magistrates' Courts to determine disputes

24AOffence of failing to comply with court order

24BSign to be displayed

Part 5—Enforcement

Division 1—General

25Police powers generally

26Notice to stop dealings in goods suspected of having been stolen

Division 2—Enforcement—pawnbrokers

26ADefinition

26BProduction of identity card

26CDocuments available for inspection

26DSpecified persons to produce documents and answer questions

26EThird parties to produce documents and answer questions relating to endorsed pawnbroker's business

26FDepartment Heads, police and public authorities to produce information to inspectors

26GCertain other specified persons or bodies to produce information

26HPowers on production of documents

26IOrder requiring supply of information and answers to questions

26JEntry or search with consent

26KEntry without consent or warrant

26LSearch warrants

26MAnnouncement before entry

26NDetails of warrant to be given to occupier

26OSeizure of things not mentioned in the warrant

26PEmbargo notice

26QCopies of seized documents

26RRetention and return of seized documents or things

26SMagistrates' Court may extend 3 month period

26TRequirement to assist inspector during entry

26URefusal or failure to comply with requirement

26VRule against self-incrimination does not apply

26WOffence to give false or misleading information

26WAPowers of court if requirement to produce information not complied with

26XApplication of provisions relating to inspections

26YService of documents

26ZConfidentiality

Division 3—Infringement notices

26ZADefinition

26ZBPower to serve a notice

26ZCForm of notice

26ZFFurther proceedings concerning infringement notices

Division 4—Enforcement—second‑hand dealers

26ZGSearch warrants

26ZHAnnouncement before entry

26ZIDetails of warrant to be given to occupier

26ZJSeizure of things not mentioned in the warrant

26ZKEmbargo notice

26ZLCopies of seized documents

26ZMRetention and return of seized documents or things

26ZNMagistrates' Court may extend 3 month period

26ZORequirement to assist police officer during entry

26ZPRefusal or failure to comply with requirement

26ZQRule against self-incrimination does not apply

26ZROffence to give false or misleading information

26ZSService of documents

Division 5—Interim closure notices and long-term closure orders

26ZTInterim closure notice

26ZUMagistrates' Court may make long-term closure order

26ZVCancellation of long-term closure order

26ZWFailure to comply with an interim closure notice or long-term closure order

26ZXNo compensation—closure of premises

Part 6—General

27Service

28Delegation by Director

28AProduction of information to Authority

28BRule against self-incrimination does not apply

28CVerification of details supplied to the Authority

28DExtended time for prosecutions

28EWho may bring proceedings for offences?

29Evidentiary provisions

29ARegistrar may waive fees

30Application of Australian Consumer Law and Fair Trading Act 2012

31Regulations

Part 7—Transitional provisions

32Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 085

Second-Hand Dealers and Pawnbrokers Act 1989

No. 54 of 1989

Version incorporating amendments as at

1 March 2020

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to provide for the regulation of second-hand dealers and pawnbrokers; and

(b)to facilitate and expedite the recovery of stolen goods from second-hand dealers and pawnbrokers; and

(c)to enhance protection of consumers dealing with second-hand dealers and pawnbrokers; and

(d)to prevent and disrupt criminal activity in the dealing of scrap metal.

2Commencement

(1)This Act (apart from section 35(6) and (7)) comes into operation on a day to be proclaimed.

(2)Section 35(6) and (7) comes into operation at the same time as Part 2 of the Magistrates' Court Act 1989.

3Definitions

(1)In this Act—

associate, in relation to a person, means—

(a)a spouse or domestic partner of the person, other than a spouse or domestic partner—

(i)who is not, and has never been, involved in the person's business as a second-hand dealer or pawnbroker; or

(ii)who will not be involved in the person's proposed business as a second-hand dealer or pawnbroker; or

(b)a business partner of the person; or

(c)a participant in a business arrangement or relationship with the person in respect of a second-hand dealing or pawnbroking business;

auctioneer means any person—

(a)who sells or attempts to sell or offer for sale or resale any goods by way of auction; or

(b)who acquires any goods for sale by auction.

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

computer means a machine that is capable of recording or storing information electronically;

Consumer Act has the same meaning as it has in the Australian Consumer Law and Fair Trading Act 2012;

Council means a municipal council, and includes the Council of the City of Melbourne and the Council of the City of Geelong;

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

disqualifying offence means an offence involving fraud, dishonesty, violence or drug trafficking punishable on conviction by—

(a)in the case of a natural person, imprisonment for 3 months or more (whether or not in addition to a fine); or

(b)in the case of a body corporate, a fine of 100 penalty units or more;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

e-currency has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 of the Commonwealth;

endorsed pawnbroker means a person whose registration is endorsed under Part 2;

endorsement means endorsement under Part 2 to carry on business as a pawnbroker;

externally-administered body corporate has the same meaning as in the Corporations Act;

financial institution means—

(a)an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or

(b)a body approved by the Governor in Council by order published in the Government Gazette;

*                *                *                *                *

inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

interim closure notice means a notice issued under section 26ZT(1);

long-term closure order means an order made under section 26ZU(4);

motor vehicle means—

(a)a motor vehicle within the meaning of the Road Safety Act 1986, whether or not in working condition or complete; or

(b)the body, engine or chassis of a motor vehicle;

occupier, in relation to premises, means a person who appears to be of or over 16 years of age and who appears to be in control of the premises;

pawnbroker means a person who carries on the business of advancing money on the security of pledged goods;

police officer has the same meaning as in the Victoria Police Act 2013;

registered second-hand dealer means a person registered under Part 2;

Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;

registration means registration under Part 2 to carry on business as a second-hand dealer;

scrap metal means any thing of commercial value that—

(a)is made from or contains metal;

and

(b)is sold or obtained as scrap for recycling or reprocessing of the metal—

but does not include any thing prescribed not to be scrap metal;

second-hand dealer means a person who carries on the business of buying, selling, exchanging or otherwise dealing in second‑hand goods, whether or not he or she deals in other goods and regardless of where goods are bought;

second-hand goods means any goods which have been worn or otherwise used;

*                *                *                *                *

serious criminal offence means an offence committed in Victoria that is punishable by a term of imprisonment of 2 years or more;

spouse of a person means a person to whom the person is married;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

vehicle identifier has the same meaning as in the Road Safety Act 1986.

(2)For the purposes of this Act—

(a)a person shall be deemed to have advanced money on the security of pledged goods, and to have received the goods in pawn, if he or she receives them under a contract for their sale under or in conjunction with which he or she gives the vendor the right to repurchase the goods (commonly known as a "buy back"); and

(b)in such a case, the price at which the goods are sold shall be deemed to be the principal sum advanced and the difference between that amount and the price at which the goods may be repurchased shall be deemed to be the total amount of interest payable.

(3)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

4Application

Nothing in this Act applies to—

(a)an auctioneer acting in his or her capacity as auctioneer; or

(aa)any goods acquired by an auctioneer for the purpose of auction for so long as they are in his or her possession in his or her capacity as auctioneer; or

(b)a licensed firearms dealer or a firearm within the meaning of the Firearms Act 1996; or

(c)a person conducting a fundraising appeal within the meaning of and as permitted by the Fundraising Act 1998; or

(d)goods subject to a hire-purchase agreement or a bailment; or

(e)persons or goods exempted under the regulations from the application of the whole or any provision of this Act or the regulations; or

(f)a licensed motor car trader under the Motor Car Traders Act 1986 in buying, selling, exchanging or otherwise dealing in a motor car (within the meaning of that Act) in accordance with that Act.

Part 2—Registration

Division 1—General

5Second-hand dealers and pawnbrokers to be registered

(1)Subject to this Act, a person must not, either alone or in partnership, carry on business as a second-hand dealer unless the person is registered as a second-hand dealer under this Part.

Penalty:100 penalty units.

(1A)Subject to this Act, a person must not, either alone or in partnership, carry on business as a pawnbroker unless—

(a)the person is registered as a second-hand dealer under this Part; and

(b)the person is authorised to carry on business as a pawnbroker by endorsement of their registration under this Part.

Penalty:100 penalty units.

(2)Despite subsection (1), a person who holds a motor car trader's licence under the Motor Car Traders Act 1986 may buy, sell, exchange or otherwise deal in second-hand goods that are motor car parts without being registered under this Part, but must in all other respects comply with this Act.

6Eligibility for registration

(1)A person is not eligible to be registered or for an endorsement of the registration under this Part if—

(a)the person or, if the person is a body corporate, a director of the person, is a represented person within the meaning of the Guardianship and Administration Act 2019; or

(b)the person is an insolvent under administration or an externally-administered body corporate.

(2)Unless a person obtains the Authority's permission under section 10A, the person is not eligible to be registered or for an endorsement of the registration under this Part if—

(a)the person or an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person has, within the preceding 5 years in Australia or elsewhere, been convicted or found guilty of a disqualifying offence; or

(ab)a body corporate has, within the preceding 5 years in Australia or elsewhere, been convicted or found guilty of a disqualifying offence and the person was a director of the body corporate at the time the disqualifying offence was committed; or

(b)the person or an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person has carried on any occupation, profession or business that is regulated under any enactment of Victoria or of the Commonwealth or of another State or a Territory of Australia and under that enactment—

(i)the person's licence, registration or permission to carry on that occupation, profession or business is suspended; or

(ii)the person's licence, registration or permission to carry on that occupation, profession or business has been cancelled at any time in the preceding 5 years; or

(iii)the person is disqualified from carrying on that occupation, profession or business or has been so disqualified at any time in the preceding 5 years; or

(ba)a body corporate has carried on any occupation, profession or business that is regulated under any enactment of Victoria or of the Commonwealth or of another State or a Territory of Australia and under that enactment—

(i)the body corporate's licence, registration or permission to carry on that occupation, profession or business is suspended; or

(ii)the body corporate's licence, registration or permission to carry on that occupation, profession or business has been cancelled at any time in the preceding 5 years; or

(iii)the body corporate is disqualified from carrying on that occupation, profession or business or has been so disqualified at any time in the preceding 5 years—

and the person was a director of the body corporate at the time of the conduct which resulted in the suspension, cancellation or disqualification; or

(c)an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person is an insolvent under administration or an externally-administered body corporate.

7Application for registration

(1)An application for registration as a second-hand dealer may be made to the Authority.

(2)An application must be—

(a)in writing in or to the effect of the form approved by the Authority and must be verified by statutory declaration; and

(b)accompanied by evidence as to the identity of—

(i)the applicant; or

(ii)if the applicant is a body corporate, the directors of the applicant—

by means of a birth certificate, passport (if the passport is current or expired for not more than 2 years), driver licence or any other document in one of the prescribed categories; and

(c)accompanied by the prescribed fee; and

(d)lodged with the Authority not less than 1 month before the day on which the applicant proposes to commence business as a second-hand dealer.

(3)If before an application is determined the applicant becomes aware of a change that has occurred in the information provided at any time by the applicant in, or in relation to, the application, the applicant must within 7 days after becoming so aware give particulars of the change to the Authority.

Penalty:10 penalty units.

7AApplication for endorsement

(1)A registered second-hand dealer or an applicant for registration as a second-hand dealer may apply to the Authority for an endorsement of the registration authorising the holder to carry on business as a pawnbroker.

(2)An application under subsection (1)—

(a)must be in writing in or to the effect of the form approved by the Authority; and

(b)may be made in conjunction with an application for registration or at any other time.

(3)If, before an application is determined, the applicant becomes aware of a change that has occurred in the information provided at any time by the applicant in, or in relation to, the application, the applicant must, within 7 days after becoming so aware, give particulars of the change to the Authority.

Penalty:10 penalty units.

8Investigation of application

(1)On receiving an application for registration as a second hand dealer or an application for endorsement as a pawnbroker, the Authority, except in the prescribed circumstances, must refer any details of the application that the Authority considers relevant to the Director and the Chief Commissioner of Police.

(1A)The Director may inquire into and report to the Authority on the application.

(2)The Chief Commissioner of Police must, not more than 14 days after receipt of details of the application by the Commissioner, enquire into and report to the Authority on the criminal record, if any, of—

(a)the applicant;

(b)if the applicant is a body corporate, the directors of the applicant;

(c)the associates, if any, of the applicant.

(3)A report may include recommendations.

8AConsideration of application

(1)In considering an application for registration or endorsement, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require an applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as it thinks fit.

(2)The Authority may engage or appoint any person to assist it in considering an application.

(3)The Authority may refuse—

(a)to register an applicant; or

(b)to endorse a registration—

if the applicant for registration or endorsement, as the case may be, does not provide the further information required within a reasonable time of the requirement being made.

(4)The Authority is not required to conduct a hearing to determine whether—

(a)to register an applicant or refuse to register an applicant; or

(b)to endorse a registration or refuse to endorse a registration.

8BAuthority may impose conditions

(1)The Authority may—

(a)impose conditions that must be complied with before it registers, or endorses the registration of, an applicant;

(b)on registering, or endorsing the registration of, an applicant or at any other time, impose conditions in respect of the registration, or endorsement of the registration, of a person;

(c)at any time on the application of any person or of its own motion, vary or revoke any conditions previously imposed.

(2)A person registered under this Part must comply with any conditions imposed in respect of the registration or endorsement of the registration.

Penalty:100 penalty units.

(3)An application under subsection (1)(c), other than an application by the Director or the Chief Commissioner of Police, must be accompanied by the prescribed fee or, if no fee is prescribed, 15 fee units.

8CNotation of condition on certificate of registration

(1)If a condition in respect of the registration, or endorsement of the registration, of a person registered under this Part is imposed, varied or revoked under section 8B or 18B(1)(f), the Authority may require the person to produce the certificate of registration for notation of the condition or the variation or revocation of the condition.

(2)A person registered under this Part must comply with the requirement under subsection (1).

Penalty:10 penalty units.

9Registration

(1)The Authority must register an applicant as a second-hand dealer unless the applicant—

(a)is not eligible under section 6 to be so registered; or

(b)has not complied with any conditions imposed under section 8B(1)(a).

(2)A registration remains in force until it is cancelled or surrendered.

*                *                *                *                *

9AAEndorsement

(1)The Authority must, on application, endorse a registration authorising the applicant to carry on business as a pawnbroker if satisfied that—

(a)the applicant is not ineligible under section 6 for an endorsement of the registration; and

(b)the applicant has complied with any conditions imposed under section 8B(1)(a); and

(c)the initial endorsement fee has been paid to the Authority.

(2)For the purposes of subsection (1)(c), the initial endorsement fee is the amount of the annual endorsement fee provided for under section 11AA calculated pro rata from the date of endorsement to the date on which the annual registration fee is payable under section 11(1).

(3)An endorsement remains in force until it is cancelled or surrendered.

9ANotice of decision

(1)If the Authority refuses to register an applicant or refuses to endorse the registration of an applicant, the Authority must notify the applicant in writing of the refusal within 14 days after that refusal.

(2)If the Authority registers an applicant or endorses the registration of an applicant, the Authority must as soon as practicable notify the applicant in writing of that decision.

9BApplication for review

(1)A person whose interests are affected by a decision of the Authority—

(a)in respect of an application for registration under this Part; or

(ab)in respect of an application for endorsement of a registration under this Part; or

(ac)to impose, vary or revoke a condition in respect of registration or endorsement under this Part; or

(b)in respect of an application for permission under section 10A; or

(c)to impose, vary or revoke a condition of a permission; or

(d)in respect of an application for permission under section 18 or any limitation on or condition of such a permission—

may apply to the Tribunal for review of the decision.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

10Automatic cancellation of registration

(1)A person's registration under this Part is automatically cancelled if—

(a)the person or, if the person is a body corporate, a director of the person, becomes a represented person within the meaning of the Guardianship and Administration Act 2019; or

(b)the person becomes an insolvent under administration or an externally-administered body corporate.

(2)Subject to subsection (4), a person's registration under this Part is automatically cancelled 30 days after—

(a)the person or an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person is convicted or found guilty of a disqualifying offence; or

(b)the person or an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person—

(i)carries on any occupation, profession or business that is regulated under any enactment of Victoria or of the Commonwealth or of another State or a Territory of Australia; and

(ii)under that enactment has a licence, registration or permission to carry on that occupation, profession or business suspended or cancelled or is otherwise disqualified from carrying on that profession, occupation or business; or

(c)an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person becomes an insolvent under administration or an externally-administered body corporate; or

(d)the person is notified in writing by the Authority that an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person would, if the associate or director were to apply for registration under this Part, be ineligible to be so registered.

(3)For the purposes of subsection (2)(a), a conviction or finding of guilt takes effect at the conclusion of the proceedings, whether on appeal or otherwise, or at the end of any appeal period, whichever is the later.

(4)If a person whose registration would otherwise be cancelled by subsection (2) applies for permission under section 10A within the 30 day period referred to in that subsection, the person's registration is only automatically cancelled if the application is withdrawn or refused by the Authority.

10APermission to be registered or to continue to be registered

(1)A person who would otherwise be ineligible to be registered because of section 6(2) may apply to the Authority for permission to be registered.

(2)A person whose registration would otherwise be cancelled by section 10(2) may apply to the Authority for permission to continue to be registered.

(3)An application for permission must be—

(a)in a form approved by the Authority; and

(b)accompanied by the prescribed fee or, if no fee is prescribed, 15 fee units.

(4)The Authority may give its permission if it is satisfied—

(a)that it is not contrary to the public interest for it to do so; and

(b)if the person is ineligible for registration, or would have their registration cancelled, by reason of a suspension, cancellation or disqualification in respect of an occupation, profession or business, that special circumstances led to the suspension, cancellation or disqualification; and

(c)if the person is ineligible for registration, or would have their registration cancelled, by reason of a conviction or finding of guilt of a disqualifying offence, that—

(i)the offence was not related to conduct carried out by the person—

(A)while engaging in the business of a second-hand dealer or pawnbroker; or

(B)as a director of a body corporate that engages in the business of a second-hand dealer or pawnbroker; and

(ii)special circumstances led to the offence.

(5)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as it thinks fit.

(6)The Authority may refuse to give permission if the applicant does not provide the further information required within a reasonable time of the requirement being made.

(7)The Authority is not required to conduct a hearing to determine whether or not to give permission.

10BConditions on permission

(1)In giving permission under section 10A, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

(2)The Authority may at any time impose conditions in respect of the permission or vary or revoke any conditions previously imposed.

(3)A person to whom permission has been given must comply with any conditions imposed in respect of the permission.

Penalty:100 penalty units.

11Annual registration fee and statement

(1)A person registered under this Part must pay to the Authority the prescribed annual registration fee on the anniversary of the date that person was first registered under this Part.

(2)An annual registration fee may be paid at any time in the 6 weeks before it falls due.

(3)The payment must be accompanied by a statement in respect of the year up to the date the payment is made that is in a form approved by the Authority and that is signed by the person registered under this Part.

(4)The statement must contain any information and be accompanied by any documents required by the Authority.

11AAAnnual endorsement fee

(1)A person whose registration is endorsed under this Part must pay to the Authority the prescribed annual endorsement fee or, if no fee is prescribed, an annual endorsement fee of 40 fee units.

(1A)The annual endorsement fee must be paid on the same date as the annual registration fee is payable under section 11(1).

(2)An annual endorsement fee may be paid at any time in the 6 weeks before it falls due.

11AFailure to comply with section 11

(1)If a person fails to comply with section 11 or 11AA, the Authority must give the person a written notice stating that unless the person complies with that section and also pays to the Authority the late payment or lodgement fee by the date specified in the notice, the person's registration or endorsement, as the case may be, will be cancelled.

(2)The date specified in the notice must be at least 14 days after the date on which the notice is given to the person.

(3)If the person has not complied with section 11 or 11AA and paid the late payment or lodgement fee by the date specified in the notice, the registration or endorsement, as the case may be, is automatically cancelled.

(4)The fee for late payment or lodgement is the prescribed fee or, if no fee is prescribed, 2 fee units.

11BReturn of certificates of registration

Subject to section 18D, a person registered, or whose registration is endorsed, under this Part must return the certificate of registration to the Authority within 7 days of—

(a)becoming aware of the cancellation of the registration; or

(b)becoming aware of the cancellation of an endorsement of the registration; or

(c)ceasing to carry on business as a second‑hand dealer or pawnbroker.

Penalty:25 penalty units.

11CSurrender of registration or endorsement

(1)Subject to subsection (3), a person registered under this Part may at any time by notice in writing to the Authority, surrender the registration.

(2)Subject to subsection (3), a person whose registration is endorsed under this Part may at any time by notice in writing to the Authority, surrender the endorsement.

(3)If an application has been made to the Tribunal under section 18A for an inquiry in relation to the registration of a person, the person may not, without leave of the Tribunal, surrender the registration unless the Tribunal has determined to take action under section 18B or has determined not to take any such action.

(4)A person who surrenders a registration or an endorsement of a registration must return the certificate of registration to the Authority within 14 days of surrender.

Penalty:10 penalty units.

12Notification of changes

If a person registered, or whose registration is endorsed, under this Part—

(a)changes business premises; or

(b)in the case of a body corporate, changes directors; or

(c)changes associates; or

(d)ceases business as a second-hand dealer or pawnbroker—

the person must give notice in writing to the Authority within 7 days after the change or cessation.

Penalty:10 penalty units.

12AAddress for notices

(1)A person registered, or whose registration is endorsed, under this Part must give written notice to the Authority of an address to which all communications and notices from the Authority may be sent to the person.

(2)Any change in the address must be promptly notified in writing to the Authority.

(3)This section does not derogate from section 27.

13Register

(1)The Registrar must cause a register to be kept of all persons registered under this Part containing particulars of endorsements, if any, under this Part and the prescribed particulars.

(2)The register may be inspected at the office of the Authority by any person during ordinary office hours without charge.

(3)A person may obtain—

(a)a copy of the register; or

(b)a copy of an entry in the register; or

(c)a copy of a page in the register—

on payment of the fee prescribed for that type of copy.

14Correction of the register

(1)The Registrar may correct an error or omission in the register by—

(a)inserting an entry; or

(b)amending an entry; or

(c)omitting an entry—

if the Registrar is satisfied that the register contains an error.

(2)The Registrar may make the correction on his or her initiative or on the application of any person.

(3)The Registrar must notify the person registered of any correction made under this section that affects the registration or endorsement of the registration.

(4)A person may apply to the Tribunal for review of the Registrar's decision concerning correction of the register.

(5)The Registrar must make any correction to the register that is necessary to implement the decision of the Tribunal.

*                *                *                *                *

16Offences

(1)A person must not knowingly or recklessly make a false or misleading statement in or in connection with an application, statement or notice under this Part.

Penalty:20 penalty units.

(2)An applicant for registration must not submit false evidence of identity.

Penalty:50 penalty units.

17Display of current registration certificate

(1)A person who is carrying on business as a second‑hand dealer or pawnbroker must display the current certificate of registration or a copy of it in a prominent position at each place at which business is carried on pursuant to the registration or endorsement.

Penalty:60 penalty units.

(2)A person who is carrying on business as a second‑hand dealer or pawnbroker must not display a certificate of registration or a copy of that certificate if the registration or endorsement is not in force.

Penalty:60 penalty units.

18Death, disability etc. of registered person

(1)The following persons may carry on the second‑hand dealing or pawnbroking business

of a person who was registered under this Part for 30 days after the person ceases to be registered—

(a)if the person dies, the executor named in the person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the person's estate;

(b)if the person becomes an insolvent under administration, the assignee, trustee or receiver of the person;

(c)if the person becomes a represented person within the meaning of the Guardianship and Administration Act 2019, the guardian or administrator of the person or any person nominated by the guardian or administrator;

(d)if the person becomes an externally-administered body corporate, the liquidator, official manager, receiver, receiver and manager or other external administrator.

(2)If a person authorised to carry on a business applies to the Authority within the 30 day period for permission to carry on the business for a longer period, the person may continue to carry on the business until the Authority makes a decision on the application.

(3)The Authority may grant an application if it is satisfied that it is not contrary to the public interest to do so.

(4)In granting its permission, the Authority may limit it in any way it thinks appropriate and may impose any conditions it thinks appropriate to ensure the ongoing protection of the public interest.

(5)The Authority may at any time withdraw any permission it has granted under this section or limit, or impose, revoke or vary conditions on, any such permission.

(6)A person who has been granted permission under this section must comply with any limitation or condition that applies to the permission.

Penalty:50 penalty units.

(7)A person who carries on a second-hand dealing business under this section is deemed, for the purposes of this Act, to be a registered second‑hand dealer on the same terms and conditions as applied to the person who has ceased to be registered.

(8)A person who carries on a pawnbroking business under this section is deemed, for the purposes of this Act to be an endorsed pawnbroker on the same terms and conditions as applied to the person who has ceased to be registered.

Division 2—Disciplinary action

18ADisciplinary action

(1)The Chief Commissioner of Police may apply at any time to the Tribunal to conduct an inquiry to determine whether there are grounds for taking action under section 18B against a registered second-hand dealer.

(2)The Director or the Chief Commissioner of Police may apply at any time to the Tribunal to conduct an inquiry to determine whether there are grounds for taking action under section 18B against an endorsed pawnbroker.

(3)There are grounds for taking action under section 18B against a person who is a registered second-hand dealer or an endorsed pawnbroker if—

(a)the person improperly obtained or is improperly holding registration or endorsement under this Part; or

(b)the person has contravened or failed to comply with this Act or the regulations; or

(c)the person has been convicted or found guilty of an offence against this Act or the regulations; or

(d)the person's second-hand dealing or pawnbroking business is being carried on in a dishonest or unfair manner; or

(e)the person or a partner, director or officer of the person has engaged in discreditable conduct; or

(f)the effective control of the business to which the registration relates is not, or is unlikely to remain, with the person; or

(g)there has been a breach of a condition imposed by the Authority on the person's registration or endorsement.

(4)If an application for an inquiry is lodged under subsection (1) or (2), the principal registrar of the Tribunal must—

(a)send a copy of the application to the registered second-hand dealer or the endorsed pawnbroker; and

(b)advise the registered second-hand dealer or the endorsed pawnbroker and the person making the application in writing of when and where the inquiry will be held.

(5)An inquiry must not start within 30 days of the date the application for the inquiry is lodged unless—

(a)the person who lodged the application, or the registered second-hand dealer or the endorsed pawnbroker, applies to the Tribunal for the inquiry to be started within that time; and

(b)the Tribunal is satisfied that there are exceptional circumstances.

18BDetermination of disciplinary measures by Tribunal

(1)After conducting an inquiry, if the Tribunal is satisfied that there are grounds for taking action under this section against a person who is a registered second-hand dealer or an endorsed pawnbroker, the Tribunal may do one or more of the following—

(a)reprimand the person;

(b)order the person to pay into the Consolidated Fund a penalty not exceeding an amount that is 50 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004;

(c)require the person to comply within, or for, a specified time with a requirement specified by the Tribunal;

(d)suspend for a specified period not exceeding 1 year—

(i)the registration of the person; or

(ii)the endorsement of the person;

(e)require the person to enter into an undertaking to perform, or not to perform, certain tasks to be specified in the undertaking;

(f)impose a condition on the registration or endorsement of the person;

(g)if the ground for taking action under this section involved one or more people losing money, order the person to pay compensation to one or more of those people, but not so that the total amount the person must pay under this paragraph is more than $5000.

(2)As an alternative to taking action under one or more of subsections (1)(a), (b), (c), (d) and (f), the Tribunal may—

(a)cancel the registration of the registered second-hand dealer or endorsed pawnbroker; or

(b)cancel the endorsement of the endorsed pawnbroker—

and disqualify the second-hand dealer or pawnbroker (and any partner or director of the second-hand dealer or pawnbroker) from being registered or endorsed, as the case may be, either permanently or for a specified period.

(3)If the Tribunal orders the payment of an amount under subsection (1)(b) or (g)—

(a)it may order that the amount be paid by a specified date; and

(b)if the amount is not paid by that date, it may suspend the registration or the endorsement, as the case may be, until the amount is paid and set a final payment date; and

(c)if the amount has not been paid by that final payment date, it may cancel the registration or the endorsement, as the case may be; and

(d)it may extend any period of time it sets under paragraph (a) or (b) at any time.

(4)The Tribunal may suspend or cancel—

(a)the registration of a second-hand dealer or pawnbroker; or

(b)the endorsement of a pawnbroker—

under subsection (3) without giving the second-hand dealer or pawnbroker an opportunity to be heard.

(5)If the Tribunal suspends or cancels—

(a)the registration of a second-hand dealer or pawnbroker; or

(b)the endorsement of a pawnbroker—

the suspension or cancellation takes effect on and from the date determined by the Tribunal.

(6)If under subsection (1)(c), the Tribunal requires a registered second-hand dealer or an endorsed pawnbroker to comply with a requirement specified by it, the registered second-hand dealer or endorsed pawnbroker must comply with the requirement within or for the time specified by the Tribunal under that paragraph.

(7)A reference to a registered second-hand dealer or an endorsed pawnbroker in this section includes a reference to any person who was a registered second-hand dealer or an endorsed pawnbroker at the time any ground referred to in section 18A(3) existed or was alleged to exist, even if the person is not a registered second-hand dealer or an endorsed pawnbroker at the time any action is taken under this section.

18CEffect of suspension

(1)A second-hand dealer or pawnbroker whose registration has been suspended is to be treated as unregistered during the period of suspension, except for the purposes of sections 11, 11A, 11C and 28A.

(2)A pawnbroker whose endorsement has been suspended is to be treated as unendorsed during the period of suspension, except for the purposes of sections 11AA, 11A, 11C, Division 2 of Part 5 and 28A.

18DSuspended and cancelled certificates of registration must be returned

If the Tribunal suspends or cancels the registration or endorsement of a person, the person must return the certificate of registration to the Authority within the period specified by the Tribunal by notice in writing given to the person.

Penalty:25 penalty units.

Part 3—Conduct of business

19Identifying persons selling or pawning goods

(1)A second-hand dealer or pawnbroker must require every person attempting to sell or pawn second-hand goods to the second-hand dealer or pawnbroker to produce evidence as to the person's identity—

(a)by means of—

(i)a passport; or

(ii)a driver licence; or

(iii)a document issued by a statutory authority; or

(iv)any other document in one of the prescribed categories—

bearing a photograph of the person; or

(b)by means of 2 documents in the prescribed categories but each in a different category.

Penalty:20 penalty units.

(2)If a person attempting to sell or pawn second-hand goods is, on request, unable to produce the required evidence of identity, the second-hand dealer or pawnbroker must refuse to accept the goods.

Penalty:20 penalty units.

(3)A person attempting to sell or pawn second-hand goods to a second-hand dealer or pawnbroker must not produce false evidence of identity.

Penalty:50 penalty units.

19APayment for scrap metal

(1)A second-hand dealer who buys or sells scrap metal must not pay for or receive payment for scrap metal in cash.

Penalty:200 penalty units.

(2)A second-hand dealer who buys or sells scrap metal must pay for or receive payment for scrap metal by—

(a)a cheque which is not transferable or payable to cash; or

(b)an electronic transfer of funds which does not involve e-currency; or

(c)any other prescribed form of payment.

Penalty:200 penalty units.

19BProhibition on buying, disposing of or possessing unidentified motor vehicles

(1)A second-hand dealer must not buy scrap metal that consists of a motor vehicle if the vehicle identifier has been removed, obliterated, defaced or altered.

Penalty:200 penalty units.

(2)A second-hand dealer must not sell or otherwise dispose of scrap metal that consists of a motor vehicle if the vehicle identifier has been removed, obliterated, defaced or altered unless authorised to do so by a police officer in writing.

Penalty:200 penalty units.

(3)A second-hand dealer must not possess scrap metal that consists of a motor vehicle if the vehicle identifier has been removed, obliterated, defaced or altered unless authorised to do so by a police officer in writing.

Penalty:200 penalty units.

20Recording transactions

(1)A second-hand dealer or pawnbroker must keep, in the form and containing the information required by the regulations, accurate and complete records of every transaction, whether conducted on the business premises or elsewhere, by which the dealer or pawnbroker receives second-hand goods.

Penalty:20 penalty units.

(2)A second-hand dealer must keep, in the prescribed form and containing the prescribed information, accurate and complete records of every transaction, whether conducted on the business premises or elsewhere, by which the dealer receives or disposes of scrap metal.

Penalty:20 penalty units.

21Retention of goods for seven days

(1)For 7 days after receiving second-hand goods a second-hand dealer or pawnbroker must keep the goods in the form in which they were received and without disposing of them in any way.

Penalty:20 penalty units.

(2)Subsection (1) does not derogate from any obligation a second-hand dealer or pawnbroker might otherwise have to keep goods for a period longer than 7 days after receipt.

21ARecording storage location of goods

A second-hand dealer or pawnbroker must keep accurate and complete records of the place of storage of each item of second-hand goods in the possession or under the control of the dealer or pawnbroker.

Penalty:20 penalty units.

22Co-operation with police

(1)A second-hand dealer or pawnbroker must check second-hand goods in his or her possession and second-hand goods which he or she receives against any notice describing stolen goods served on him or her by a police officer.

(2)A second-hand dealer or pawnbroker who suspects for any reason that goods in his or her possession or which he or she receives may have been stolen must immediately inform a police officer.

Penalty applying to this subsection: 20 penalty units.

23Contracts for pawning goods

(1)A pawnbroker must not receive second-hand goods in pawn from a person under 16 years of age.

Penalty:20 penalty units.

(1A)A pawnbroker must not receive a motor car from aperson as goods in pawn.

Penalty:in the case of a natural person, 60 penalty units;

in the case of a body corporate, 300 penalty units.

(1B)In subsection (1A), motor car has the same meaning as it has in the Motor Car Traders Act 1986.

(2)A pawnbroker must cause a notice—

(a)in or to the effect of a form approved by the Authority ; and

(b)showing the maximum amount charged weekly and monthly, or any other period normally used, by the pawnbroker on pawn transactions; and

(c)stating that in special circumstances a higher amount may be charged by the pawnbroker—

to be displayed in a prominent place in or outside each business premises of the pawnbroker to which the public has access so that the notice is clearly visible to the public from outside the premises.

Penalty:20 penalty units.

(3)A pawnbroker who advances money on the security of goods received in pawn must give to the owner of the goods—

(a)a pawn ticket containing the prescribed particulars; and

(b)a notice in the prescribed form concerning the rights and responsibilities of the parties to the transaction; and

(c)written notice of the charge that will be imposed on the transaction.

Penalty:20 penalty units.

(4)Subject to subsection (5), a pawnbroker must not charge on a pawn transaction an amount more than an amount calculated in accordance with the amount displayed on a notice under subsection (2)(b).

Penalty:20 penalty units.

(5)A pawnbroker may charge an amount more than an amount calculated in accordance with the amount displayed under subsection (2)(b) if—

(a)it is reasonable to do so because the pawnbroker is likely to incur additional storage costs in relation to the goods being pawned; or

(b)it is reasonable to do so because the agreement provides for amounts to be paid less frequently than is specified in the notice under subsection (2); or

(c)the regulations so provide—

and—

(d)the notice referred to in subsection (3) specifies the reason why the higher charge is made; and

(e)the owner of the goods agrees in writing to the higher charge; and

(f)the pawnbroker serves on the owner of the goods a copy of the agreement referred to in paragraph (e).

23AReturn of residual equity in unredeemed goods that are sold

(1)In this section—

loan means the amount of money advanced by a pawnbroker on the security of pledged goods;

loan period means the period for which the pawnbroker has agreed to keep pawned goods as security for a loan;

outstanding amount of the loan means the sum of the loan and the accrued interest less the sum of all payments made;

pawned goods means pledged goods received by a pawnbroker in pawn;

reasonable costs of sale does not include any prescribed costs;

residual equity means the amount of the difference, if any, between the amount obtained on the sale of pawned goods, and the total of the outstanding amount of the loan and the reasonable costs of sale.

(2)If a pawnbroker sells unredeemed pawned goods after the expiry of the loan period, the person whopawned the goods is entitled, for a period of 12 months after the sale, to claim from the pawnbroker the residual equity, if any, in respect of the goods.

(3)If—

(a)a pawnbroker sells unredeemed pawned goods after the expiry of the loan period; and

(b)the residual equity in respect of the goods is $10, or if another amount is prescribed that amount, or more—

the pawnbroker must, within 14 days after the sale, send to the person who pawned the goods a notice in the prescribed form advising the person that the pawned goods have been sold and that the person is entitled to claim the residual equity from the pawnbroker within the period of 12 months after the sale.

Penalty:20 penalty units.

(4)If—

(a)unredeemed pawned goods are sold by a pawnbroker after the expiry of the loan period; and

(b)within the period of 12 months after the sale, the person who pawned the goods demands payment of the residual equity in respect of the goods from the pawnbroker—

the residual equity is a debt due and may be recovered in a court of competent jurisdiction.

(5)A pawnbroker must pay, on demand, the residual equity, if any, in respect of pawned goods to the person who pawned the goods, if the person so requests within the period of 12 months after the sale of the goods.

Penalty:20 penalty units.

(6)Section 86 of the Sentencing Act 1991 applies to an offence under subsection (5) as if non-payment of the value of the residual equity were a loss of property as a result of the offence.

Part 4—Disputes as to the ownership of goods

24Magistrates' Courts to determine disputes

(1)A person claiming to be entitled to the possession of goods in the possession or under the control ofa second-hand dealer or pawnbroker, being second-hand goods or goods in pawn, may apply to the Magistrates' Court for an order for delivery of the goods.

(2)An application—

(a)may be made without notice to any other person; and

(b)must be supported by evidence on oath or by affirmation or by affidavit.

(3)If satisfied by the supporting evidence that the applicant may be entitled to possession of the goods, the Court constituted by a Registrar of the Court may make both of the following orders—

(a)an order directing the second-hand dealer or pawn broker to deliver the goods to the applicant;

(b)an order directing the second-hand dealer or pawnbroker to refrain from altering the form of the goods and from disposing of them in any way except in accordance with an order under paragraph (a).

(4)Subject to this section, an order under subsection (3)(b) takes effect on service, and an order under subsection (3)(a) takes effect 21 days after service.

(5)The orders under subsection (3) must be served onthe second-hand dealer or pawnbroker in the same way as a summons to answer to a charge, and service may be proved in the same way as service of a summons to answer to a charge.

*                *                *                *                *

(7)If within 21 days after service of an order under subsection (3)(a) the second-hand dealer or pawnbroker lodges an objection with the Court—

(a)the order lapses and is and will be of no effect; and

(b)the matter of who is entitled to possession of the goods must be determined by the Court constituted by a magistrate.

(8)The Court—

(a)may make an order directing the second‑hand dealer or pawnbroker to deliver the goods to the applicant; or

(b)may make an order directing the second‑hand dealer or pawnbroker to pay the applicant the value of the goods as assessed by the Court; or

(c)may dismiss the matter and rescind the order under subsection (3)(b).

(9)An order made under subsection (3)(b) lapses on—

(a)the expiry of 6 months after the day on which it was made; or

(b)the making of an order under subsection (8)—

whichever is earlier.

24AOffence of failing to comply with court order

A person to whom an order of the Magistrates' Court under section 24 is directed must comply with the order.

Penalty:50 penalty units.

24BSign to be displayed

A second-hand dealer or pawnbroker must cause a notice in the form in the Schedule, in legible letters not less than 15 millimetres in height and of a colour that contrasts with the background colour of the notice, to be displayed in a prominent place in each business premises of the dealer or pawnbroker to which the public has access so that the notice is clearly visible to the public.

Penalty:20 penalty units.

Part 5—Enforcement

Division 1—General

25Police powers generally

(1)A police officer may, without warrant, enter business premises or storage premises occupied by or under the control of a second-hand dealer or pawnbroker at any time when the business premises are open and may inspect the premises or any goods at the premises.

(1A)In addition to subsection (1), a police officer may, without warrant, enter business premises or storage premises occupied by or under the control of a second-hand dealer and may inspect the premises or any goods at the premises, when—

(a)a business of dealing in scrap metal is being carried on at the premises; or

(b)the police officer reasonably believes that a business of dealing in scrap metal is being carried on at the premises.

(2)A police officer may require a second-hand dealer or pawnbroker to produce—

(a)any goods in the possession or under the control of the second-hand dealer or pawnbroker; or

(b)his or her certificate of registration under this Act; or

(c)any records kept by the second-hand dealer or pawnbroker pursuant to this Act.

(2A)Without limiting subsection (2), if a document required to be produced under subsection (2)(c) is or is part of a transaction record kept under section 20 in an electronically readable form, a police officer may require the document to be provided in a readily accessible form—

(a)electronically; or

(b)in a paper form produced from a computer.

(2B)If a person produces a document referred to in subsection (2A), the person must also provide the police officer with a prescribed statement verifying that the document provided is a true record of the transaction record at the date of the statement.

(3)A second-hand dealer or pawnbroker must not refuse or fail to comply with such a requirement.

Penalty:50 penalty units.

(4)In this section—

premises includes a stall or storage area at a market.

26Notice to stop dealings in goods suspected of having been stolen

(1)Any police officer may serve notice under this section on a second-hand dealer or pawnbroker if the police officer reasonably believes that goods in the possession or under the control of the dealer or pawnbroker may have been stolen.

(2)A notice—

(a)must be in the form approved by the Minister; and

(b)must specify the goods suspected of having been stolen; and

(c)prohibits the second-hand dealer or pawnbroker altering the form of the goods or disposing of them in any way for 21 days from service.

(3)A notice under this section may be reissued once for a further period of 21 days commencing immediately after the first period ends.

(4)A second-hand dealer or pawnbroker must comply with a notice served on him or her under this section.

Penalty:20 penalty units.

Division 2—Enforcement—pawnbrokers

26ADefinition

In this Division, endorsed pawnbroker includes—

(a)a person whose endorsement has been surrendered or cancelled within the last 3 years; and

(b)a person whose endorsement is suspended.

26BProduction of identity card

An inspector must produce his or her identity card for inspection—

(a)before exercising a power under this Division other than a requirement made by post; and

(b)at any time during the exercise of a power under this Division, if asked to do so.

Penalty:10 penalty units.

26CDocuments available for inspection

(1)An endorsed pawnbroker must at all reasonable times at each premises at which that endorsed pawnbroker carries on business as a pawnbroker keep all documents relating to the business carried on at those premises available for inspection by an inspector in a form in which they can be readily and expeditiously inspected by an inspector.

Penalty:50 penalty units.

(2)If the endorsement of an endorsed pawnbroker has been surrendered or cancelled in the last 3 years, the endorsed pawnbroker must make all documents relating to the former business available for inspection by an inspector in a form and at a place where they can be readily and expeditiously inspected by an inspector.

Penalty:50 penalty units.

(3)If the endorsement of an endorsed pawnbroker has been suspended, the endorsed pawnbroker must during the period of the suspension, make all documents relating to the business of the pawnbroker available for inspection by an inspector in a form and at a place where they can be readily and expeditiously inspected by an inspector.

Penalty:50 penalty units.

26DSpecified persons to produce documents and answer questions

(1)For the purpose of monitoring compliance with this Act or the regulations, an inspector may require an endorsed pawnbroker or a specified person at a time and place specified by the inspector—

(a)to answer, orally or in writing, any questions put by the inspector relating to the endorsed pawnbroker's business as a pawnbroker; or

(b)to supply, orally or in writing, information required by the inspector relating to that business; or

(c)to produce to the inspector specified documents or documents of a specified class relating to that business.

(2)In this section—

specified person, in relation to the business of an endorsed pawnbroker, means—

(a)a person who is a director or officer of a corporation which is an endorsed pawnbroker; or

(b)if the endorsement of a corporation has been surrendered, or cancelled within the last 3 years, a person who was a director or officer of the corporation at the time the endorsement was surrendered or cancelled.

26EThird parties to produce documents and answer questions relating to endorsed pawnbroker's business

For the purpose of monitoring compliance with this Act or the regulations, an inspector may require any person who has possession, custody or control of documents relating to an endorsed pawnbroker's business as a pawnbroker—

(a)to answer, orally or in writing, any questions put by the inspector relating to the endorsed pawnbroker's business as a pawnbroker;

(b)to supply, orally or in writing, information required by the inspector relating to that business;

(c)to produce to the inspector specified documents or documents of a specified class relating to that business.

26FDepartment Heads, police and public authorities to produce information to inspectors

(1)For the purpose of monitoring compliance with this Act or the regulations, the Director or an inspector may request a specified public body within a time specified by the Director or inspector—

(a)to answer, orally or in writing, any questions put by the inspector relating to an endorsed pawnbroker's business as a pawnbroker;

(b)to supply, orally or in writing, information required by the inspector relating to that business.

(2)An inspector can only make a request under subsection (1) with the written consent of the Director.

(3)A specified public body must comply with a request under subsection (1).

(4)In this section specified public body means—

(a)a Department Head within the meaning of the Public Administration Act 2004; or

(b)a public statutory authority; or

(c)a municipal council; or

(d)the Chief Commissioner of Police.

26GCertain other specified persons or bodies to produce information

(1)For the purpose of monitoring compliance with this Act or the regulations, the Director or an inspector may require a specified person or body within a time specified by the Director or inspector—

(a)to answer, orally or in writing, any questions put by the inspector relating to an endorsed pawnbroker's business as a pawnbroker;

(b)to supply, orally or in writing, information required by the inspector relating to that business.

(2)An inspector can only make a requirement under subsection (1) with the written consent of the Director.

(3)In this section specified person or body means—

(a)a person who is a publisher of a publication; or

(b)a person who is the owner or operator of a broadcasting service; or

(c)a person who is the owner or operator of a telecommunications service; or

(d)a person who is the owner or operator of a postal service; or

(e)a financial institution.

26HPowers on production of documents

(1)If any documents are produced to an inspector under section 26D or 26E, the inspector may—

(a)inspect the documents or authorise a person to inspect the documents;

(b)make copies of or take extracts from the documents;

(c)seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings under this Act or the regulations;

(d)seize the documents if the inspector—

(i)considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings under any Consumer Act; and

(ii)believes on reasonable grounds, that it is necessary to seize the documents in order to prevent their concealment, loss or destruction or their use in the contravention of any Consumer Act;

(e)secure any seized documents against interference;

(f)retain possession of the documents in accordance with this Division.

(2)An inspector must not require a person to produce a document at a place other than the person's place of business or an office of the Director without the consent of the person.

26IOrder requiring supply of information and answers to questions

(1)For the purpose of monitoring compliance with this Act or the regulations, an inspector, with the written approval of the Director, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector—

(a)to answer, orally or in writing, any questions put by an inspector relating to an endorsed pawnbroker's business as a pawnbroker; or

(b)to supply, orally or in writing, information required by an inspector in relation to an endorsed pawnbroker's business as a pawnbroker.

(2)If the Magistrates' Court is satisfied on the basis of evidence presented by the Director that the order is necessary for the purpose of monitoring compliance with this Act or the regulations, the Court may grant the order sought.

(3)An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.

(4)An inspector who executes an order under this section must, as soon as practicable after that execution, notify the Magistrates' Court in writing of the time and place of execution of the order.

26JEntry or search with consent

(1)For the purpose of monitoring compliance with this Act or the regulations in relation to pawnbrokers, an inspector, with the consent of the occupier of the premises, may—

(a)enter and search any premises;

(b)seize anything found on the premises which the inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations in relation to pawnbrokers;

(c)examine and take and keep samples of any goods found on the premises which the inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations in relation to pawnbrokers;

(d)inspect and make copies of, or take extracts from, any document found on the premises.

(2)An inspector must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector has—

(a)produced his or her identity card for inspection; and

(b)informed the occupier—

(i)of the purpose of the search; and

(ii)that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(iii)that the occupier may refuse to consent to the taking of any sample of goods or any copy or extract from a document found on the premises during the search; and

(iv)that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.

(3)If an occupier consents to an entry and search, the inspector who requested consent must, before entering the premises, ask the occupier to sign an acknowledgment stating—

(a)that the occupier has been informed of the purpose of the search and that anything seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and

(b)that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything or to the taking of any sample, copy or extract; and

(c)that the occupier has consented to such an entry and search; and

(d)the date and time that the occupier consented.

(4)If an occupier consents to the seizure or taking of any thing during a search under this section, the inspector must before seizing or taking the thing ask the occupier to sign an acknowledgment stating—

(a)that the occupier has consented to the seizure or taking of the thing; and

(b)the date and time that the occupier consented.

(5)An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the inspector leaves the premises.

(6)If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or taking of the thing.

26KEntry without consent or warrant

(1)For the purpose of monitoring compliance with this Act or the regulations, an inspector may (with the assistance, if necessary, of another inspector or a police officer) do all or any of the following—

(a)enter and search any premises at which an endorsed pawnbroker is carrying on business at any time that the premises are open for business or between the hours of 9 a.m. and 5 p.m.;

(b)seize or secure against interference anything that the Director or inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations that is found on or in the premises;

(c)inspect and make copies of or take extracts from any document kept on the premises.

(2)An inspector must not enter or search any premises under subsection (1) unless, before that entry, the inspector has produced his or her identity card for inspection by the occupier of the premises.

26LSearch warrants

(1)An inspector, with the written approval of the Director, may apply to a magistrate for the issue of a search warrant in relation to particular premises for the purpose of monitoring compliance with this Act or the regulations in relation to pawnbrokers.

(2)If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of the inspector that the warrant is necessary for the purpose of monitoring compliance with this Act or the regulations in relation to pawnbrokers, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

(a)to enter the premises specified in the warrant, if necessary by force; and

(b)to do all or any of the following—

(i)search for;

(ii)seize;

(iii)secure against interference;

(iv)examine and inspect;

(v)make copies of or take extracts from—

a thing or things of a particular kind named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with a contravention of this Act or the regulations in relation to pawnbrokers.

(3)A search warrant issued under this section must state—

(a)the purpose for which the search is required; and

(b)any conditions to which the warrant is subject; and

(c)whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d)a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4)Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

26MAnnouncement before entry

(1)On executing a search warrant, the inspector executing the warrant—

(a)must announce that he or she is authorised by the warrant to enter the premises; and

(b)if the inspector has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.

(2)An inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the search warrant is not frustrated.

26NDetails of warrant to be given to occupier

(1)If the occupier is present at premises where a search warrant is being executed, the inspector must—

(a)identify himself or herself to the occupier; and

(b)give to the occupier a copy of the warrant.

(2)If the occupier is not present at premises where a search warrant is being executed, the inspector must—

(a)identify himself or herself to a person (if any) at the premises; and

(b)give to the person a copy of the warrant.

26OSeizure of things not mentioned in the warrant

A search warrant under section 26L authorises an inspector executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—

(a)the inspector believes, on reasonable grounds, that the thing—

(i)is of a kind which could have been included in a search warrant issued under this Division; or

(ii)will afford evidence about the contravention of any Consumer Act; and

(b)in the case of seizure, the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act or any other Consumer Act.

26PEmbargo notice

(1)An inspector executing a search warrant who is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—

(a)by causing a copy of the notice to be served on the occupier; or

(b)if the occupier cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.

(2)A person who knows that an embargo notice relates to a thing and who—

(a)sells; or

(b)leases; or

(c)without the written consent of the inspector who issued the embargo notice, moves; or

(d)transfers; or

(e)otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units.

(3)It is a defence to a prosecution for an offence against subsection (2) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it.

(4)Despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of this section is void.

26QCopies of seized documents

(1)If an inspector retains possession of a document taken or seized from a person under this Division, the inspector must give the person, within 21 days of the seizure, a copy of the document certified as correct by the inspector.

(d)takes effect from the time it is served on the occupier; and

(e)has effect for a period not exceeding 72 hours, unless it is sooner cancelled by the Chief Commissioner of Police.

(3)The Chief Commissioner of Police must not issue—

(a)more than one interim closure notice for the same premises in any 7-day period; or

(b)under subsection (1)(b), more than 3 interim closure notices in relation to a course of conduct that constitutes a serious criminal offence.

26ZUMagistrates' Court may make long-term closure order

(1)The Chief Commissioner of Police may apply to the Magistrates' Court for an order that the premises specified in the application be closed in respect of any person carrying on business as a second-hand dealer at the premises.

(2)An application under subsection (1) must be made in accordance with the rules of court (if any).

(3)The Chief Commissioner of Police must serve a copy of an application made under subsection (1) on the occupier of the premises specified in the application as soon as practicable after the application has been made.

(4)The Magistrates' Court may make a long‑term closure order closing the specified premises, or a part of those premises, in respect of any person carrying on business as a second-hand dealer if the Court is satisfied that—

(a)a person is carrying on business as a second-hand dealer at the premises and the person—

(i)is not a registered second-hand dealer; and

(ii)is not exempt from the requirement to be registered under this Act or the regulations; or

(b)there has been, or there is likely to be, a serious criminal offence committed at or in connection with the specified premises that are also the business premises or storage premises of—

(i)a registered second-hand dealer; or

(ii)a person exempt from the requirement to be registered under this Act or the regulations.

(5)The Magistrates' Court must—

(a)determine the period for which the order is to be in force, as appropriate in the circumstances; and

(b)specify this period in the order.

(6)If an order is made under subsection (4) and the person who is carrying on business as a second-hand dealer at the premises did not appear in the proceeding, the Chief Commissioner of Police must—

(a)serve the order—

(i)personally on the person in accordance with section 391 of the Criminal Procedure Act 2009; or

(ii)if personal service of the order cannot be promptly effected, by substituted service in accordance with section 397 of the Criminal Procedure Act 2009; and

(b)post a copy of the order in a conspicuous place at the entrance to the premises.

(7)An application may be made under this section regardless of whether an interim closure notice has been issued with respect to the specified premises.

(8)If an interim closure notice is in force with respect to the specified premises on an application being made under this section, the Magistrates' Court may cancel the notice if the Court considers that—

(a)the notice should not have been issued; or

(b)there are no longer sufficient grounds for the notice to continue in force.

(9)If the Magistrates' Court makes the order and an interim closure notice is in force with respect to the premises, the interim closure notice ceases to have effect.

26ZVCancellation of long-term closure order

(1)A person may apply to the Magistrates' Court for the cancellation of a long-term closure order made in respect of premises occupied by the person.

(2)An application under subsection (1) must be made in accordance with the rules of court (if any).

(3)The person must serve a copy of an application made under subsection (1) on the Chief Commissioner of Police as soon as practicable after the application has been made.

(4)On an application under subsection (1), the Magistrates' Court may cancel the order if the court is satisfied—

(a)that the circumstances of the second‑hand dealer have materially altered since the order was made and as a result the order is no longer appropriate; or

(b)that the basis for making the order no longer exists.

Note

A person who becomes the owner of premises that are subject to a long-term closure order may make an application under this section.

26ZW Failure to comply with an interim closure notice or long-term closure order

(1)A person must not knowingly or recklessly, while an interim closure notice or long-term closure order is in force, fail to comply with that notice or order.

Penalty:200 penalty units.

(2)A person does not commit an offence against subsection (1) if—

(a)the person presents or points to evidence that suggests that the person did not know, and could not reasonably have been expected to know, that an interim closure notice or long‑term closure order was in force with respect to the premises specified in the notice or order; and

(b)the contrary is not proved (beyond reasonable doubt) by the prosecution.

26ZXNo compensation—closure of premises

(1)No compensation is payable by the State in respect of anything done under or arising out of the making of an interim closure notice or long‑term closure order.

(2)In this section—

compensation includes damages and any other form of monetary compensation.

Part 6—General

27Service

(1)Subject to this section and sections 24, 26Y, 26ZS, 26ZT and 26ZU(6), a notice or other document authorised or required by this Act to be served on a person shall be deemed to have been duly served on the person—

(a)if it is delivered to him or her personally; or

(b)if it is left at his or her last known residence or business premises with a person apparently over 16 years of age and apparently residing or employed there; or

(c)if it is sent to him or her by post.

(2)Subsection (1) is in addition to and does not derogate from the provisions of the Corporations Act with respect to service.

*                *                *                *                *

(4)A notice or other document authorised or required by this Act to be served on a police officer shall be deemed to have been duly served on the police officer—

(a)if it is delivered to him or her personally; or

(b)if it is left with another police officer at the police station of which the police officer is for the time being in charge or at which he or she is for the time being stationed; or

(c)if it is sent by post to that police station.

28Delegation by Director

The Director may, by instrument, delegate to—

(a)any person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998; or

(b)any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act—

any function or power of the Director under this Act other than this power of delegation.

28AProduction of information to Authority

(1)The Authority may require a registered second‑hand dealer or an endorsed pawnbroker to answer any question or provide information relating to the business of the registered second‑hand dealer or endorsed pawnbroker that the Authority reasonably requires to carry out its functions in relation to that registered second-hand dealer or endorsed pawnbroker.

(2)A person must not refuse or fail, without reasonable excuse, to comply with a requirement made by the Authority under this section.

Penalty:50 penalty units.

(3)In this section—

endorsed pawnbroker includes a person whose endorsement is suspended;

registered second-hand dealer includes a person whose registration is suspended.

28BRule against self-incrimination does not apply

(1)A person is not excused from answering a question or providing information under section 28A on the ground that the answer or the information might tend to incriminate the person.

(2)If the person claims, before answering a question, that the answer might tend to incriminate the person, the answer is not admissible in evidence in any criminal proceedings, other than in proceedings in respect of the falsity of the answer.

28CVerification of details supplied to the Authority

The Authority may specify how any information supplied to it under this Act is to be verified, and without limiting the scope of this power, may require that the information be supplied in the form of, or be verified by, a statutory declaration.

28DExtended time for prosecutions

Despite anything to the contrary in any Act, a proceeding for an offence against this Act may be commenced within 3 years after the date on which the offence is alleged to have been committed.

28EWho may bring proceedings for offences?

(1)Proceedings for an offence against this Act may only be brought by—

(a)the Director; or

(b)a person authorised by the Director for the purposes of this section; or

(c)a police officer.

(2)In proceedings for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings.

(3)Subsection (1) does not apply to proceedings for an indictable offence.

29Evidentiary provisions

In proceedings under this Act—

(a)goods shall be deemed to be in the possession or under the control of a second-hand dealer or pawnbroker when they are in any premises, place or vehicle that is occupied by or under the control of the dealer or pawnbroker; and

(b)in the absence of proof to the contrary—

(i)a certificate issued by the Registrar stating that at a particular time a person was or was not registered or endorsed under this Act is proof of that fact; and

(ii)proof is not required that such a certificate purporting to be issued by the Registrar was so issued.

*                *                *                *                *

29ARegistrar may waive fees

The Registrar may, in a particular case or class of cases—

(a)waive or reduce fees that would otherwise be payable under this Act; or

(b)refund, in whole or in part, fees paid under this Act.

30Application of Australian Consumer Law and Fair Trading Act 2012

(1)Sections 195 and 196 and Part 8.2 (except sections 209 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.

(2)For the purposes of subsection (1)—

(a)section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;

(b)section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—

(i)proceedings for an offence against a provision of this Act (except Divisions 1 and 2 of Part 5 and section 28A(2)); or

(ii)proceedings on an application for an injunction under section 201, 202, 203,205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Divisions 1 and 2 of Part 5 andsection 28A(2)); or

(iii)proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).

(3)In this section—

this Act includes the regulations.

31Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)prescribing categories of documents as to identity; and

(ab)prescribing particulars to be recorded in the register; and

(b)carrying on business as a second-hand dealer or as a pawnbroker; and

(c)prescribing forms; and

(d)fees; and

(da)prescribing costs, or a class of costs, that may not be included in the reasonable costs of sale of pawned goods; and

(db)prescribing, for the purposes of Division 3 of Part 5—

(i)offences under this Act or the regulations in respect of which an infringement notice may be issued; and

(ii)the penalties that apply if offences are dealt with by an infringement notice, including a different infringement penalty for natural persons and bodies corporate; and

(e)exempting persons or goods from the application of the whole or any provision of this Act or the regulations, subject to conditions or unconditionally; and

(f)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of general or limited application; and

(b)differ according to differences in time, place or circumstance; and

(c)leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a council; and

(d)impose penalties not exceeding 20 penalty units for a contravention of the regulations.

*                *                *                *                *

(3)Regulations made under this Act may be disallowed, in whole or in part, by resolution of either House of Parliament.

*                *                *                *                *

*                *                *                *                *

Part 7—Transitional provisions

32Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017

Section 19B(2) and (3) as inserted by section 22 of the Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017 applies to scrap metal that consists of a motor vehicle if that scrap metal comes into the possession of the second-hand dealer after the commencement of section 22 of that Act.

Schedule

Section 24B

ANY PERSON WHO BELIEVES THAT GOODS STOLEN FROM THEM ARE AVAILABLE FOR SALE ON THESE PREMISES IS NOT OBLIGED TO BUY THEM BUT MAY—

(a)REQUEST VICTORIA POLICE TO SERVE A NOTICE PROHIBITING THE ALTERATION OR DISPOSAL OF THE GOODS FOR 21 DAYS; AND

(b)SEEK AN ORDER FROM THE MAGISTRATES' COURT FOR DELIVERY OF THE GOODS.

SEE SECTIONS 24 AND 26 OF THE SECOND-HAND DEALERS AND PAWNBROKERS ACT 1989.

═══════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 20 April 1989

Legislative Council: 24 May 1989

The long title for the Bill for this Act was "A Bill to provide for the licensing and regulation of second-hand dealers and pawnbrokers and to facilitate and expedite the recovery of stolen goods from second-hand dealers and pawnbrokers; to repeal the Second-hand Dealers Act 1958, the Pawnbrokers Act 1958 and the Marine Stores and Old Metals Act 1958; to amend the Goods Act 1958; to make other consequential amendments and repeals; and for other purposes.".

The Second-Hand Dealers and Pawnbrokers Act 1989 was assented to on 14 June 1989 and came into operation as follows:

Section 35(6)(7) on 1 September 1990: section 2(2); rest of Act on 10 September 1990: Government Gazette 5 September 1990 page 2680.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Second-Hand Dealers and Pawnbrokers Act 1989 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Courts (Children's and Magistrates') Act 1990, No. 34/1990

Assent Date:	13.6.90
Commencement Date:	Ss 3–6, 7(1) on 1.9.90: Government Gazette 25.7.90 p. 2216; s. 7(2) on 16.5.89: s. 2(b); s. 7(4)(5) on 6.6.89: s. 2(c); s. 7(6)(7) on 14.6.89: s. 2(d); rest of Act on 13.6.90: s. 2(e)
CurrentState:	All of Act in operation

Consumer Credit (Victoria) Act 1995, No. 41/1995

Assent Date:	14.6.95
Commencement Date:	S. 62(Sch. 1 item 6) on 1.11.96: Government Gazette 29.8.96 p. 2274
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Firearms Act 1996, No. 66/1996

Assent Date:	17.12.96
Commencement Date:	S. 206 on 29.4.97: Government Gazette 24.4.97 p. 921
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Motor Car Traders (Amendment) Act 1996, No. 74/1996

Assent Date:	17.12.96
Commencement Date:	S. 54 on 1.3.97: Government Gazette 20.2.97 p. 374
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Law and Justice Legislation Amendment Act 1997, No. 44/1997

Assent Date:	11.6.97
Commencement Date:	Ss 36–52 on 1.1.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	Ss 248–264 on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fundraising Appeals Act 1998, No. 78/1998

Assent Date:	10.11.98
Commencement Date:	S. 73(2) on 1.7.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Licensing and Tribunal (Amendment) Act 1998, No. 101/1998

Assent Date:	1.12.98
Commencement Date:	Pt 6 (ss 12–15) on 1.2.99: Government Gazette 24.12.98 p. 3204
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999

Assent Date:	18.5.99
Commencement Date:	S. 46 on 1.9.99: Government Gazette 19.8.99 p. 1901
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Business Registration Acts (Amendment) Act 2000, No. 35/2000

Assent Date:	6.6.00
Commencement Date:	S. 51 on 19.6.00: Government Gazette 15.6.00 p. 1248
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:	12.6.01
Commencement Date:	S. 8(Sch. 6 item 7) on 28.6.01: Government Gazette 28.6.01 p. 1428
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 101) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Auction Sales (Repeal) Act 2001, No. 84/2001

Assent Date:	11.12.01
Commencement Date:	S. 12 on 1.1.03: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001, No. 93/2001

Assent Date:	11.12.01
Commencement Date:	Ss 4–30(2), 32–35, 39–42 on 8.4.02: Government Gazette 28.3.02 p. 552; ss 30(3), 31, 36–38 on 1.9.02: Government Gazette 18.7.02 p. 1658
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fair Trading (Further Amendment) Act 2003, No. 106/2003

Assent Date:	9.12.03
Commencement Date:	S. 28 on 10.12.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 26) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004

Assent Date:	21.12.04
Commencement Date:	Ss 72, 73 on 22.12.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 180) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 44) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Justice Legislation (Further Amendment) Act 2006, No. 79/2006

Assent Date:	10.10.06
Commencement Date:	S. 83 on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007

Assent Date:	29.5.07
Commencement Date:	S. 36(Sch. item 14) on 30.5.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008

Assent Date:	11.2.08
Commencement Date:	S. 60(Sch. item 13) on 12.2.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 30) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 55) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Prostitution Control and Other Matters Amendment Act 2008, No. 82/2008

Assent Date:	11.12.08
Commencement Date:	Ss 20, 21 on 12.12.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009

Assent Date:	10.2.09
Commencement Date:	S. 24 on 11.2.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 108) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:	9.2.10
Commencement Date:	S. 100 on 1.8.10: Government Gazette 22.7.10 p. 1628
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 22) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
Current State:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. item 26) on 1.1.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 41) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
Current State:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 150) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Veterans and Other Acts Amendment Act 2015, No. 12/2015

Assent Date:	21.4.15
Commencement Date:	S. 21(Sch. 1 item 10) on 22.4.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016

Assent Date:	10.5.16
Commencement Date:	S. 44 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Consumer Acts Amendment Act 2017, No. 13/2017

Assent Date:	10.5.17
Commencement Date:	S. 22 on 11.5.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	Ss 20–27 on 30.5.18: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 114) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	Ss 23–27 on 1.12.19: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 45) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Second-Hand Dealers and Pawnbrokers Act 1989

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3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

No entries at date of publication.