Untitled document

Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004

S.R. No. 170/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objectives

2.     Authorising provision

3.Commencement

4.Revocation of regulation 19

5.Revocation of form of consent to entry, search and seizure

6.Embargo Notice

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 170/2004

Second-Hand Dealers and Pawnbrokers Act 1989

Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

JOHN LENDERS
Minister for Consumer Affairs

DIANE CASEY

Clerk of the Executive Council

1.  Objectives

The objectives of these Regulations are to revoke a form, to prescribe a form of embargo notice and to make consequential amendments to the Second-Hand Dealers and Pawnbrokers Regulations 1997.

2.  Authorising provision

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

3.Commencement

These Regulations come into operation on 1 February 2005.

4.Revocation of regulation 19

Regulation 19 of the Second-Hand Dealers and Pawnbrokers Regulations 1997[1] is revoked.

5.Revocation of form of consent to entry, search and seizure

Schedule 6 to the Second-Hand Dealers and Pawnbrokers Regulations 1997 is revoked.

6.Embargo Notice

For Schedule 7 to the Second-Hand Dealers and Pawnbrokers Regulations 1997 substitute—

"SCHEDULE 7

Regulation 20

EMBARGO NOTICE

Second-Hand Dealers and Pawnbrokers Act 1989

Section 26P

1. The item described below has been embargoed under section 26P of the Second-Hand Dealers and Pawnbrokers Act 1989.

2.   Section 26P(2) provides that 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.   Section 26P(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.

4.   Section 26P(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.

Description of embargoed item—

This notice has been—

o  served on (name)

o  affixed to the item described above

Signature of inspector

Name of inspector

Telephone number    Date    Time     ".

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ENDNOTES

[1] Reg. 4: S.R. No. 175/1997.  Reprint No. 1 as at 1 January 2003.  Reprinted to S.R. No. 92/2002.  Subsequently amended by S.R. No. 88/2004.