Untitled document

Second-Hand Dealers and Pawnbrokers Amendment (Infringements) Regulations 2012

S.R. No. 75/2012

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Regulation 17 substituted

17Infringement offences and infringement penalties

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 75/2012

Second-Hand Dealers and Pawnbrokers Act 1989

Second-Hand Dealers and Pawnbrokers Amendment (Infringements) Regulations 2012

The Governor in Council makes the following Regulations:

Dated: 3 July 2012

Responsible Minister:

MICHAEL O'BRIEN
Minister for Consumer Affairs

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Second-Hand Dealers and Pawnbrokers Regulations 2008 to—

(a)prescribe additional infringement offences and infringement penalties for the purposes of the Second-Hand Dealers and Pawnbrokers Act 1989; and

(b)increase the prescribed infringement penalties for existing infringement offences under that Act.

2Authorising provision

These Regulations are made under section 31 of the Second-Hand Dealers and Pawnbrokers Act 1989.

3Regulation 17 substituted

For regulation 17 of the Second-Hand Dealers and Pawnbrokers Regulations 2008[1] substitute—

"17   Infringement offences and infringement penalties

(1)For the purposes of section 26ZB(1) of the Act, an offence against the following provisions is an additional offence in respect of which an infringement notice may be issued—

(a)sections 11B(a), 11B(b), 11B(c), 11C(4), 12(a), 12(b), 12(c), 12(d), 17(1), 17(2) and 18D of the Act; and

(b)regulations 12, 13(1) and 15(3) of these Regulations.

(2)For the purposes of Division 3 of Part 5 of the Act, if an offence specified in column 2 of the following Table is dealt with by infringement notice, the infringement penalty for that offence is the penalty specified in the corresponding entry of column 3 of the Table.

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
1	An offence against section 11B(a) of the Act	5 penalty units
2	An offence against section 11B(b) of the Act	5 penalty units
3	An offence against section 11B(c) of the Act	5 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
4	An offence against section 11C(4) of the Act	2 penalty units
5	An offence against section 12(a) of the Act	2 penalty units
6	An offence against section 12(b) of the Act	2 penalty units
7	An offence against section 12(c) of the Act	2 penalty units
8	An offence against section 12(d) of the Act	2 penalty units
9	An offence against section 17(1) of the Act	5 penalty units
10	An offence against section 17(2) of the Act	5 penalty units
11	An offence against section 18D of the Act	5 penalty units
12	An offence against section 20 of the Act	5 penalty units
13	An offence against section 21(1) of the Act	5 penalty units
14	An offence against section 21A of the Act	5 penalty units
15	An offence against section 23(2) of the Act	5 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
16	An offence against section 23(3) of the Act	5 penalty units
17	An offence against section 23A(3) of the Act	3 penalty units
18	An offence against section 24B of the Act	5 penalty units
19	An offence against regulation 12 of these Regulations	3 penalty units
20	An offence against regulation 13(1) of these Regulations	5 penalty units
21	An offence against regulation 15(3) of these Regulations	5 penalty units

".

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ENDNOTES

[1] Reg. 4: S.R. No. 140/2008 as amended by S.R. No. 20/2009.