{"id":"a-1902-66","name":"Pawnbrokers Act 1902","slug":"pawnbrokers-act-1902","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"66 of 1902","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24028,"registerId":"act-a-1902-66-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Pawnbrokers Act 1902","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPawnbrokers Act 1902\nA1902-66\nRepublication No 14\nEffective: 23 June 2021\nRepublication date: 23 June 2021\nLast amendment made by A2021-12\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Pawnbrokers Act 1902 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes\nany commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation Act\n2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPawnbrokers Act 1902\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Application of Act 2\nPart 3 Business of pawnbroking\n8 Pawnbrokers—carrying on business 3\n9 Records of pawned articles received 3\n10 Duplicates of records 4\n11 Production of duplicates 4\n12 Holders of duplicates taken to be owners of pawned articles 5\n\nContents\nPage\ncontents 2 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Period for sale or disposal of pawned articles 6\n14 Selling or disposing before end of redemption period 6\n15 Method of sale for certain pawned articles 6\n16 Pawnbroker not to buy pawned article 7\n17 Application of proceeds of sale 7\n18 Records of pawned articles sold or disposed of 8\n19 Inspection of records 9\n20 Persons attempting to redeem article when not entitled to do so may\nbe apprehended 9\nPart 4 Miscellaneous\n26 Magistrates Court may order return of article 10\n29 Regulation-making power 10\nDictionary 11\nEndnotes\n1 About the endnotes 12\n2 Abbreviation key 12\n3 Legislation history 13\n4 Amendment history 17\n5 Earlier republications 24\n\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPawnbrokers Act 1902\nAn Act to provide for the licensing and regulation of pawnbrokers, and for other\npurposes\n\nPart 1 Preliminary\nSection 1\npage 2 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Pawnbrokers Act 1902.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘redemption period—see section 13\n(1) (Period for sale of pawned articles).’ means that the term ‘redemption\nperiod’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act 2001, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of\nnotes.\n4 Application of Act\nThis Act does not apply to loans or advances made on any goods,\nchattels, livestock, wool, bonds, bills, title deeds, or other security by\nmerchants, bankers, commission agents, brokers, or licensed\nauctioneers in the ordinary and genuine course of mercantile or\nbanking transactions if the interest on the loans or advances does not\nexceed the rate of 14% per annum.\n\nBusiness of pawnbroking Part 3\nSection 8\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Business of pawnbroking\n8 Pawnbrokers—carrying on business\n(1) A licensed pawnbroker must not carry on business as a pawnbroker\nat a place other than premises stated in the licence.\nMaximum penalty: 50 penalty units.\n(2) A licensed pawnbroker must not, without reasonable excuse, fail to\nproduce the pawnbroker’s licence on demand made by a police\nofficer at premises stated in the licence.\nMaximum penalty: 5 penalty units.\n(3) A licensed pawnbroker must not buy, receive or take in pawn an\narticle from a person if the pawnbroker believes or has reasonable\ngrounds to believe that the person is—\n(a) under 14 years old; or\n(b) drunk.\nMaximum penalty: 30 penalty units.\n9 Records of pawned articles received\n(1) This section applies if a licensed pawnbroker takes in pawn an article\non which money is to be lent to a person.\n(2) Before giving the money to the person, the pawnbroker must make a\nrecord for the article that contains the following information:\n(a) an accurate description of the article;\n(b) the amount to be lent;\n(c) the rate of interest to be charged on the amount, by the week or\nmonth;\n(d) the date the article is pawned;\n(e) the name and home address given by the person;\n\nPart 3 Business of pawnbroking\nSection 10\npage 4 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) if the period for redemption of the article is longer than\n3 months—the period.\n(3) The pawnbroker must not give the money to the person unless the\npawnbroker reasonably believes that the name and address given by\nthe person is accurate.\n(4) A licensed pawnbroker must, in each calendar year, consecutively\nnumber the records for pawned articles made under this section,\nstarting at 1 for the first pawned article.\n(5) A licensed pawnbroker who, without reasonable excuse, contravenes\nthis section commits an offence.\nMaximum penalty: 20 penalty units.\n10 Duplicates of records\n(1) If a licensed pawnbroker takes in pawn an article on which money is\nto be lent to a person, the pawnbroker must give the person (without\ncharge) a duplicate of the record mentioned in section 9 (2) (Records\nof pawned articles received) signed by the pawnbroker.\nMaximum penalty: 5 penalty units.\n(2) If the person does not take the duplicate, the pawnbroker must return\nthe article to the person.\n11 Production of duplicates\n(1) A person (the person) who pawned an article with a licensed\npawnbroker (the pawnbroker) must produce the duplicate for the\narticle to redeem the article, unless the duplicate is lost or stolen.\n(2) If the person does not have the duplicate because it is lost or stolen,\nthe person must give the pawnbroker a statement setting out the\ncircumstances of the loss or theft.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n\nBusiness of pawnbroking Part 3\nSection 12\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The pawnbroker must give a copy of the record for the article, signed\nby the pawnbroker, to the person if—\n(a) the pawnbroker is satisfied that the statement gives an adequate\nexplanation of the loss or theft; and\n(b) the article has not been redeemed; and\n(c) the person asks for a copy of the record.\nMaximum penalty (subsection (3)): 5 penalty units.\n12 Holders of duplicates taken to be owners of pawned\narticles\n(1) This section applies if a person—\n(a) produces the duplicate for a pawned article to the licensed\npawnbroker who gave the duplicate; and\n(b) claims to be the owner or authorised by the owner; and\n(c) asks to redeem the article.\n(2) The person is taken to be the owner of the article, or authorised by the\nowner and entitled to redeem the article.\n(3) However, subsection (2) does not apply if—\n(a) the pawnbroker has notice from the real owner that the duplicate\nwas lost or stolen; or\n(b) the pawnbroker reasonably believes that the article was stolen\nfrom the real owner.\n(4) If the pawnbroker refuses to give the article to the person mentioned\nin subsection (1), the pawnbroker must—\n(a) tell a police officer immediately about the refusal and the\nreasons for it; and\n(b) give the officer the person’s name and home address or a\ndescription of the person.\n\nPart 3 Business of pawnbroking\nSection 13\npage 6 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A licensed pawnbroker must not, without reasonable excuse,\ncontravene subsection (4).\nMaximum penalty: 5 penalty units.\n13 Period for sale or disposal of pawned articles\n(1) The period during which a pawned article may be redeemed (the\nredemption period) is—\n(a) 3 months; or\n(b) if a longer period is agreed to by the licensed pawnbroker and\nthe person pawning the article—the longer period.\n(2) A pawned article that is not redeemed by the end of the redemption\nperiod for the article is forfeited to the licensed pawnbroker who has\nthe article, and may be sold or disposed of in another way.\n(3) An agreement for the forfeiture of a pawned article before the end of\n3 months is void.\n14 Selling or disposing before end of redemption period\nA licensed pawnbroker must not sell, or dispose of in another way, a\npawned article before the end of the redemption period for the article.\nMaximum penalty: 50 penalty units\n15 Method of sale for certain pawned articles\n(1) This section applies to an article—\n(a) taken in pawn by a licensed pawnbroker from a person; and\n(b) on which more than $500 was lent to the person by the\npawnbroker; and\n(c) that is forfeited under this Act.\n(2) The article must be sold by public auction.\n\nBusiness of pawnbroking Part 3\nSection 16\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) On 2 separate occasions at least 4 days before the proposed sale, the\npawnbroker must give public notice about the sale.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(4) The notice must contain a list of the articles to be sold by auction and\nthe date each article was pawned.\n(5) A licensed pawnbroker who sells an article otherwise than in\naccordance with this section must pay the owner of the article $500.\n16 Pawnbroker not to buy pawned article\nIf a licensed pawnbroker or a person acting on behalf of the\npawnbroker buys an article pawned with the pawnbroker, the\npurchase is not valid against the owner.\n17 Application of proceeds of sale\n(1) This section applies if—\n(a) a pawned article is sold by the licensed pawnbroker with whom\nthe article was pawned; and\n(b) there is a surplus; and\n(c) the person by or for whom the article was pawned claims the\nsurplus within 12 months of the sale.\n(2) Within 2 days of the person’s claim, the pawnbroker must pay the\nperson the surplus, less any necessary charges relating to the sale.\n(3) A licensed pawnbroker must not, without reasonable excuse,\ncontravene subsection (2).\nMaximum penalty: 50 penalty units.\n\nPart 3 Business of pawnbroking\nSection 18\npage 8 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nsurplus means the amount remaining after the following are\nsubtracted from the amount paid for the article:\n(a) the amount lent by the pawnbroker on the security of the article\n(the advance);\n(b) any interest due at the time of the sale of the article in relation\nto the advance.\n18 Records of pawned articles sold or disposed of\n(1) This section applies if a licensed pawnbroker sells or otherwise\ndisposes of a pawned article.\n(2) The pawnbroker must make a record for the article that contains the\nfollowing information:\n(a) the record number for the article made under section 9 (4)\n(Records of pawned articles received);\n(b) the date the article was pawned;\n(c) the name given by the person who pawned the article;\n(d) the date the article was sold or disposed of;\n(e) the amount for which the article was sold.\nMaximum penalty: 20 penalty units.\n(3) A pawnbroker must not knowingly or recklessly make a false record\nunder this section.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nBusiness of pawnbroking Part 3\nSection 19\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Inspection of records\n(1) This section applies if—\n(a) a licensed pawnbroker sells or otherwise disposes of a person’s\npawned article; and\n(b) the person produces the duplicate for the article; and\n(c) the person asks to inspect the record about the sale or disposal.\n(2) The pawnbroker must let the person inspect the record.\nMaximum penalty: 5 penalty units.\n20 Persons attempting to redeem article when not entitled to\ndo so may be apprehended\nIf any person not entitled nor having any colour of title by law to\nredeem any article in pledge or pawn attempts or endeavours to\nredeem the article, the pawnbroker with whom the article is in pledge,\nor the servant or agent of the pawnbroker, may seize and detain the\nperson and deliver the person immediately to the custody of a police\nofficer to be dealt with according to law.\n\nPart 4 Miscellaneous\nSection 26\npage 10 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n26 Magistrates Court may order return of article\n(1) This section applies if—\n(a) a pawned article was pawned unlawfully; and\n(b) the Magistrates Court is satisfied about the ownership of the\narticle.\n(2) The Magistrates Court may order that the article be returned to the\nowner and that the person with whom the article was pawned pay\ncompensation to the owner.\n29 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act 2001.\n\nDictionary\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act 2001 contains definitions and other provisions\nrelevant to this Act.\nNote 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following\nterms:\n• fail\n• police officer.\narticle includes a chattel or goods.\nduplicate, for a pawned article, means a duplicate mentioned in\nsection 10 (1) of a record mentioned in section 9 (2).\nlicensed means licensed under the Traders (Licensing) Act 2016.\npawnbroker means a person who carries on the business of lending\nmoney on the security of an article taken by the person by way of\npawn, pledge or as security.\nNote A person must not carry on business as a pawnbroker unless the person\nis licensed as a pawnbroker under the Traders (Licensing) Act 2016.\npawned article means an article taken by a licensed pawnbroker by\nway of pawn, pledge or as security.\nredemption period—see section 13 (1) (Period for sale of pawned\narticles).\n\nEndnotes\n1 About the endnotes\npage 12 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a NSW Act—the Pawnbrokers Act 1902 A1902-66 (NSW).\nThe Act was in force in NSW immediately before 1 January 1911 (the date of\nestablishment of the ACT) and was continued in force by the Seat of Government\nAcceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had\neffect in the ACT as if it were an ACT law (subject to ordinances made under the\nSeat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former NSW laws in force in the ACT into ACT enactments. This\nallowed the ACT Legislative Assembly to amend and repeal the laws. This Act was\nconverted into an ACT enactment on 11 May 1989 (self-government day).\nUnder the Interpretation Act 1967, s 65 (now expired) all former NSW Acts in force\nin the ACT immediately before 10 November 1999 (including this Act) became,\nfor all purposes, laws made by the ACT Legislative Assembly. This completed the\nprocess of making former NSW Acts fully into ACT laws.\nNSW legislation\nPawnbrokers Act 1902 A1902-66\nassented to 4 September 1902\ncommenced 4 September 1902\nCommonwealth legislation\nas amended by\nMagistrates Court Ordinance 1985 Ord1985-67\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\nNew South Wales Acts Ordinance 1986 Ord1986-91\nnotified 12 January 1987 (Cwlth Gaz 1987 No S1)\ncommenced 12 January 1987 (see Seat of Government\n(Administration) Act 1910 (Cwlth), s 12)\n\nEndnotes\n3 Legislation history\npage 14 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nPawnbrokers (Amendment) Act 1990 A1990-33\nnotified 30 Oct 1990 (Gaz 1990 No S72)\nss 1-3 commenced 30 Oct 1990 (s 2 (1))\nremainder commenced 1 Dec 1990 (s 2 (2) and Gaz 1990 No 46)\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 9\nnotified 20 Sept 1991 (Gaz 1991 No S95)\ns 1, s 2 commenced 20 Sept 1991 (s 2 (1))\ns 9 commenced 25 Sept 1991 (s 2 (2) and Gaz 1991 No S103)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 Nov 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 Nov 1994 (s 2 (1))\nsch commenced 29 Nov 1994 (s 2 (2) and Gaz 1994 No S269)\nPawnbrokers (Amendment) Act 1995 A1995-15\nnotified 30 June 1995 (Gaz 1995 No S135)\ncommenced 30 June 1995 (s 2)\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66\nnotified 10 Nov 1999 (Gaz 1999 No 45)\ncommenced 10 Nov 1999 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 276\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 276 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.39\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2002\nA2002-27 pt 9, pt 1.1\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\npt 9, pt 1.1 commenced 7 October 2002 (s 2 (2))\n\nEndnotes\nLegislation history 3\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.63\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.63 commenced 9 April 2004 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2011\n(No 3) A2011-49 sch 1 pt 1.7\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.7 commenced 12 December 2011 (s 2 (2) (a) and see\nStatute Law Amendment Act 2011 (No 3) A2011-52 s 2)\nJustice and Community Safety Legislation (Red Tape Reduction\nNo 1—Licence Periods) Amendment Act 2013 A2013-28 pt 7\nnotified LR 21 August 2013\ns 1, s 2 commenced 21 August 2013 (LA s 75 (1))\npt 7 commenced 22 August 2013 (s 2)\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 8\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 8 commenced 7 November 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.50\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.50 commenced 14 October 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.32\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.32 commenced 27 April 2016 (s 2)\nTraders (Licensing) Act 2016 A2016-46 sch 2 pt 2.3\nnotified LR 22 August 2016\ns 1, s 2 commenced 22 August 2016 (LA s 75 (1))\nsch 2 pt 2.3 commenced 22 August 2017 (s 2)\n\nEndnotes\n3 Legislation history\npage 16 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.40\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.40 commenced 23 June 2021 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nThe New South Wales Acts Act 1986 (previously the New South Wales Acts\nOrdinance 1986), sch 2, pt 2 sets out the text of this Act in an amended form and\nprovided for the amended form to apply as the text of the Act in force in the ACT.\nThis endnote, therefore, only details amendments made after that date.\nTitle\ntitle sub A2002-27 amdt 1.1\nName of Act\ns 1 sub A2001-56 amdt 3.450\nDictionary\ns 2 ins A2002-27 amdt 1.2\nam A2016-46 amdt 2.15\nNotes\ns 3 sub A2002-27 amdt 1.2\ndef article om A2002-27 amdt 1.2\ndef charge am A1995-15 s 4\nom A2002-27 amdt 1.2\ndef convicted am A1995-15 s 4\nom A2002-27 amdt 1.2\ndef court am A1995-15 s 4\nom A2002-27 amdt 1.2\ndef licence om A2002-27 amdt 1.2\ndef pawnbroker om A2002-27 amdt 1.2\ndef registrar am A1995-15 s 4\nom A2002-27 amdt 1.2\nApplication of Act\ns 4 hdg sub A2002-27 amdt 1.3\ns 4 am A2002-27 amdt 1.4, amdt 1.5\nLicences\npt 2 hdg sub A2002-27 s 29\nom A2016-46 amdt 2.16\nPawnbrokers to be licensed\ns 5 sub A1990-33 s 4\nam A1994-81 sch\nsub A2002-27 s 29\nam A2013-28 s 14\nom A2016-46 amdt 2.16\n\nEndnotes\n4 Amendment history\npage 18 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPawnbrokers must be licensed\ns 6 am A1991-44 s 9\nsub A1995-15 s 5\nam A2001-44 amdt 1.3099, amdt 1.3100\nom A2002-27 s 29\nins A2002-27 amdt 1.6\nom A2016-46 amdt 2.17\nLicences\ns 6A ins A1995-15 s 5\nam A2001-56 amdt 3.451\nom A2002-27 s 29\nName of pawnbroker etc to be displayed on premises\ns 7 sub A1995-15 s 5\nam A2001-56 amdt 3.452\nom A2002-27 s 29\nins A2002-27 amdt 1.6\nom A2014-47 s 13\nObjections to granting of licences\ns 7A sub A1995-15 s 5\nsub A2001-56 amdt 3.453\nom A2002-27 s 29\nPawnbrokers—carrying on business\ns 8 hdg ins A2002-27 s 30\ns 8 am A1991-44 s 9\nsub A1995-15 s 5\nam A2001-44 amdt 1.3101, amdt 1.3102; A2001-56 amdt\n3.454, amdt 3.455\nom A2002-27 s 29\nins A2002-27 s 31\nam A2002-27 amdt 1.7; A2021-12 amdt 3.94\nDuration of licences\ns 8A ins A1995-15 s 5\nom A2002-27 s 29\nRecord of licences to be kept\ns 8B ins A1995-15 s 5\nom A2002-27 s 29\nRecords of pawned articles received\ns 9 am A1990-33 s 5; A1994-81 sch\nom A2002-27 s 29\nins A2002-27 amdt 1.9\nDuplicates of records\ns 10 om A2002-27 s 29\nins A2002-27 amdt 1.9\n\nEndnotes\nAmendment history 4\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nProduction of duplicates\ns 11 am A1990-33 s 6; A1994-81 sch\nom A2002-27 amdt 1.6\nins A2002-27 amdt 1.9\nam A2016-18 amdts 3.155-3.157\nHolders of duplicates taken to be owners of pawned articles\ns 12 sub A1990-33 s 7\nam A1994-81 sch\nom A2002-27 amdt 1.8\nins A2002-27 amdt 1.9\nPeriod for sale or disposal of pawned articles\ns 13 am A1990-33 s 8, sch; A1994-81 sch; A2001-56 amdt 3.456\nsub A2002-27 amdt 1.9\nSelling or disposing before end of redemption period\ns 14 am A1990-33 s 9, sch; A1994-81 sch; A2001-56 amdt 3.457\nsub A2002-27 amdt 1.9\nMethod of sale for certain pawned articles\ns 15 am A1990-33 s 10, sch; A1994-81 sch\nsub A2002-27 amdt 1.9\nam A2015-33 amdt 1.163\nPawnbroker not to buy pawned article\ns 16 am A1990-33 s 11, sch; A1994-81 sch; A2001-56 amdt 3.458,\namdt 3.459\nsub A2002-27 amdt 1.9\nApplication of proceeds of sale\ns 17 sub A2002-27 amdt 1.9\nRecords of pawned articles sold or disposed of\ns 18 sub A1990-33 s 12\nam A1994-81 sch\nsub A2002-27 amdt 1.9\nInspection of records\ns 19 am A1990-33 s 13; A1994-81 sch; A1999-66 s 6 sch 3\nsub A2002-27 amdt 1.9\nPawnbroker not to purchase\ns 20 orig s 20 am A1990-33 sch\nom A2002-27 amdt 1.9\n(prev s 29) am A1990-33 sch; A2001-56 amdt 3.460\nrenum A2002-27 amdt 1.11\nam A2021-12 amdt 3.95\nMiscellaneous\npt 4 hdg sub A2002-27 amdt 1.12\n\nEndnotes\n4 Amendment history\npage 20 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWorking out whether person suitable\ns 21 sub A1990-33 s 14, sch\nam A1994-81 sch\nom A2002-27 amdt 1.9\nins A2002-27 s 32\nom A2016-46 amdt 2.17\nCancellation and suspension of licences\ns 22 am A1990-33 s 15, sch; A1994-81 sch\nom A2002-27 amdt 1.9\nins A2002-27 s 32\nom A2016-46 amdt 2.17\nRegister of licences\ns 23 sub A1990-33 s 16\nam A1994-81 sch\nom A2002-27 amdt 1.9\nins A2002-27 s 32\nom A2016-46 amdt 2.17\nKeeping of register\ns 24 sub A1990-33 s 16\nam A1994-81 sch\nom A2002-27 amdt 1.10\nins A2002-27 s 32\nom A2016-46 amdt 2.17\nFalse or misleading information\ns 25 om A1990-33 s 17\nins A2002-27 s 32\nom A2004-15 amdt 2.139\nMagistrates Court may order return of article\ns 26 am A1990-33 s 18, sch; A1994-81 sch\nom R2 LRA\nins A2002-27 amdt 1.14\nDetermination of fees and charges\ns 27 ins A2002-27 s 33\nom A2016-46 amdt 2.17\nApproved forms\ns 28 ins A2002-27 s 33\nam A2011-49 amdt 1.13\nom A2016-46 amdt 2.17\nRegulation-making power\ns 29 orig s 29 renum as s 20\nins A2002-27 s 33\n\nEndnotes\nAmendment history 4\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTransitional\npt 5 hdg ins A2002-27 s 34\nexp 7 April 2003 (s 32)\nDefinitions for pt 5\ns 30 ins A2002-27 s 34\ndef amendment Act ins A2002-27 s 34\ndef commencement ins A2002-27 s 34\ndef current Act ins A2002-27 s 34\ndef previous Act ins A2002-27 s 34\nexp 7 April 2003 (s 32)\nExisting applications for licences\ns 31 am A1995-15 s 6\nom A2002-27 amdt 1.13\nins A2002-27 s 34\nexp 7 April 2003 (s 32)\nExpiry of pt 5\ns 32 sub A1990-33 s 19\nam A1991-44 s 9; A1995-15 s 6\nom A2002-27 amdt 1.13\nins A2002-27 s 34\nexp 7 April 2003 (s 32)\nAdvertisements\ns 33 sub A1990-33 s 19\nam A1994-81 sch\nom A2002-27 amdt 1.13\nLending licences\ns 34 am A1990-33 s 20, sch; A1994-81 sch; A1995-15 s 6\nom A2002-27 amdt 1.13\nForged or altered licences\ns 35 sub A1990-33 s 21\nam A1994-81 sch\nom A2002-27 amdt 1.13\nForging etc duplicates\ns 36 am A1990-33 s 22; A1994-81 sch; A2001-56 amdt 3.461,\namdt 3.462\nom A2002-27 amdt 1.13\nPawnbroker to produce books etc\ns 37 am A1990-33 s 23; A1994-81 sch; A2001-56 amdt 3.463\nom A2002-27 amdt 1.13\n\nEndnotes\n4 Amendment history\npage 22 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCourt may order delivery of goods pawned on payment of compensation or\notherwise\ns 39 am A1995-15 s 6\nom A2002-27 amdt 1.14\nPenalties\ns 40 om A1990-33 s 24\nGeneral issues\ns 46 am A1990-33 sch\nom A2002-27 amdt 1.15\nApproved forms\ns 47 ins A2001-44 amdt 1.3103\n(4)-(7) exp 12 September 2002 (s 47 (7))\nom A2002-27 s 33\nsch hdg om A1995-15 s 7\nsch 1 (prev first schedule) sub A1995-15 sch\nom A2001-44 amdt 3.104\nsch 2 hdg sub A1995-15 s 7\nsch 2 (prev second schedule) am A1990-33 sch; A1991-44 s 9\nom A2001-44 amdt 3.104\nDictionary\ndict ins A2002-30 amdt 1.16\nam A2011-49 amdt 1.14; A2016-18 amdt 3.158; A2016-46\namdt 2.18\ndef article ins A2002-27 amdt 1.16\ndef commissioner ins A2002-27 amdt 1.16\nom A2016-46 amdt 2.19\ndef disqualified ins A2002-27 amdt 1.16\nom A2016-46 amdt 2.19\ndef duplicate ins A2002-27 amdt 1.16\nsub A2021-12 amdt 3.96\ndef executive officer ins A2002-27 amdt 1.16\nom A2016-46 amdt 2.19\ndef licence ins A2002-27 amdt 1.16\nom A2016-46 amdt 2.19\ndef licensed ins A2016-46 amdt 2.20\ndef licensed pawnbroker ins A2002-27 amdt 1.16\nom A2016-46 amdt 2.21\ndef pawnbroker ins A2002-27 amdt 1.16\nam A2016-46 amdt 2.22\n\nEndnotes\nAmendment history 4\nR14\n23/06/21\nPawnbrokers Act 1902\nEffective: 23/06/21\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef pawned article ins A2002-27 amdt 1.16\ndef redemption period ins A2002-27 amdt 1.16\ndef suitable person ins A2002-27 amdt 1.16\nom A2016-46 amdt 2.23\n\nEndnotes\n5 Earlier republications\npage 24 Pawnbrokers Act 1902\nEffective: 23/06/21\nR14\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1991-44 31 August 1992\n2 A1995-15 31 January 1998\n3 A2001-56 30 April 2002\n4 A2002-27 13 September 2002\n5 A2002-27 7 October 2002\n6 A2002-27 8 April 2003\n7 A2004-15 9 April 2004\n8 A2011-49 12 December 2011\n9 A2013-28 22 August 2013\n10 A2014-47 7 November 2014\n11 A2015-33 14 October 2015\n12 A2016-18 27 April 2016\n13 A2016-46 22 August 2017\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on licensing and operational regulation of pawnbrokers (record-keeping, receipt/duplicate system, redemption periods, sale procedures and enforcement). Over time amendments have modernised terminology, moved licensing mechanics into the Traders (Licensing) Act 2016, adjusted penalties, and specified auction and notice requirements (notably the $500 threshold added in a later amendment), but these changes align with the original, narrow purpose of regulating pawnbroking rather than expanding the subject matter. In short: the core scope (regulating pawnbrokers and protecting evidentiary and disposal processes) persists; functions have mainly been updated and reallocated rather than significantly broadened."},"complexity_factors":["Short overall length (about 20 operative sections plus Dictionary)","Dictionary with ~7 defined terms and signpost definitions (e.g. licensed, duplicate, pawned article, redemption period)","Multiple cross-references to other statutes (Traders (Licensing) Act 2016; Legislation Act 2001; Criminal Code)","Several conditional rules and exceptions (e.g. default 3-month redemption period but parties may agree a longer period; duplicate presumed ownership subject to exceptions; auction requirement only if advance > $500)","Varied penalties and remedies (administrative fines expressed in penalty units, a statutory $500 liability for improper sale method, and criminal penalty including imprisonment for false records)","Administrative sequencing requirements (consecutive numbering of records, timed public notices for auctions, 2-day payment window for surplus claims)","Historical layering of amendments referenced in endnotes (many past amendments and transfers of licensing functions)"],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Establishes a regulatory framework for people who operate pawnshops (pawnbrokers). It sets licensing as a prerequisite, requires particular records and numbered receipts (duplicates) when goods are pawned, limits when pawnbrokers can accept goods, fixes the default redemption period, and prescribes how and when pawned goods can be sold. (See ss 8–19, 26.)\n\n- Key mechanical rules:\n  - A pawnbroker must operate only from the premises stated on their licence and must produce the licence on demand by police. (s 8)\n  - Before lending money on an item, the pawnbroker must make a numbered written record with specified details (description, amount lent, interest rate by week or month, date pawned, name and home address of the pledgor) and give the pledgor a signed duplicate receipt free of charge. If the pledgor does not take the duplicate, the article must be returned. (ss 9–10)\n  - The duplicate receipt is the primary means of proving entitlement to redeem the pawned article; the holder of a genuine duplicate is taken to be the owner or authorised to redeem, subject to limited exceptions (e.g. notice from the real owner, reasonable belief the article was stolen). (ss 11–12)\n  - The default redemption period is 3 months unless the pawnbroker and pledgor agree to a longer period. After the redemption period the article is forfeited to the pawnbroker and may be sold. Agreements to forfeit earlier than 3 months are void. (s 13)\n  - If more than $500 was advanced on a forfeited article, it must be sold by public auction with public notice on two separate occasions at least 4 days before sale; failure to comply may attract a $500 liability to the owner. (s 15)\n  - Pawnbrokers may not buy back pawned articles themselves (a purchase by the pawnbroker or their agent is not valid against the owner). (s 16)\n  - If sale proceeds produce a surplus after repayment of the loan and accrued interest, the pawnbroker must pay the surplus to the pledgor if claimed within 12 months, less necessary sale charges, within 2 days of claim. (s 17)\n  - Records of sales/disposals must be kept with specified information; knowingly making a false record can attract a criminal penalty (fine and imprisonment). (s 18)\n  - A pawnbroker (or their staff) may detain and hand over to police someone who attempts to redeem an article without lawful title. (s 20)\n  - The Magistrates Court can order return of unlawfully pawned articles and compensation. (s 26)\n  - The Executive may make regulations to support the Act. (s 29)\n\n- Who this affects\n  - Pawnbrokers who operate in the ACT: they must be licensed (the Act refers to licensing under the Traders (Licensing) Act 2016) and comply with the operational, record-keeping and sale rules. (ss 2 dict, 8)\n  - People who pawn items: they receive statutory protections (a duplicate receipt, minimum 3-month redemption period, right to surplus from sale). (ss 9–11, 13, 17)\n  - Owners of goods and police/Magistrates Court: the Act gives police enforcement powers and courts the ability to order return and compensation when pawning is unlawful. (ss 20, 26)\n\n- Why it matters (official rationale, then practical testing)\n  - The Act is framed to promote traceability and protect both pledgors and owners of goods: it makes written records and duplicate receipts mandatory to reduce disputes and to provide clear evidence of entitlement to redeem items (ss 9–12, 18). The auction and notice rules for higher-value items (s 15) are intended to ensure transparency in disposal and to give owners and the public notice of the sale.\n\n  - Testing that purpose against costs, incentives and trade-offs:\n    - Who pays: compliance costs fall on licensed pawnbrokers. They must maintain consecutively numbered records, issue duplicates, keep sale records, publish notices for >$500 sales and potentially pay penalties or compensate owners for non-compliance (ss 9–10, 15, 17–18). There is also potential cash-flow impact from the 3-month minimum redemption period (s 13).\n    - Incentives: pawnbrokers are incentivised to verify customer identity (s 9(3)), to retain duplicates as proof of title (ss 10–12), and to run public auctions for higher-value forfeitures (s 15) to satisfy the Act and limit liability. The statutory rule that pawnbrokers cannot validly buy pawned articles themselves (s 16) removes an internal resale shortcut and reduces conflict-of-interest opportunities.\n    - Effects on private enterprise and competition: the licensing requirement (linked to the Traders (Licensing) Act) and record-keeping impose fixed and ongoing administrative costs that may raise the barrier to entry and impose regulatory overhead on small operators (see dictionary definition of “licensed” and references to the Traders Act). Public-auction rules may influence resale channels and pricing for higher-value goods. The Act does not set interest caps for pawnbrokers, but excludes certain mercantile or banking loans that charge <=14% p.a. from its coverage (s 4), so it targets the pawn business model specifically.\n    - Compliance risk and implementation issues: verification of identity (s 9(3)), assessing whether a pledgor is under 14 or drunk (s 8(3)), and determining whether a duplicate has been reported lost/stolen (ss 11–12) create evidence-based decision points that can result in disputes. The Magistrates Court remedy (s 26) and police enforcement (s 20) are the formal backstops.\n    - Concentrated benefits and diffuse costs: the benefits of traceability and an auction mechanism (more likely to protect owners and public transparency) are diffuse; the compliance and administrative costs are concentrated on licensed pawnbrokers. The Act’s criminal and civil penalties create clear incentives to comply (ss 8, 13–14, 17–18).\n\n- Practical notes on enforcement and interplay with other law\n  - Licensing and some definitions are supplied by other legislation (the Traders (Licensing) Act 2016 and the Legislation Act 2001), so the regulatory burden and administrative procedures are partly set outside this Act (see dictionary and notes to ss 2, 29). Criminal liability for false statements interacts with the Criminal Code (see note in s 11). Courts and police are involved in remedy and enforcement (ss 20, 26).\n\nSource references (representative): ss 4, 8–13, 15–18, 20, 26, 29 and Dictionary entries (s 2)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has significantly narrowed in scope compared to its original 1902 intent. Originally this Act contained comprehensive licensing provisions, including application processes, objections, duration, cancellation, and suspension of licences. However, the 2016 amendments (Traders (Licensing) Act 2016) stripped out almost all licensing functions, transferring them to the Traders (Licensing) Act 2016. The current Act is now essentially a 'conduct' regime focusing on operational rules for pawnbrokers (record-keeping, redemption periods, sale methods) rather than a comprehensive regulatory scheme. What began as a full licensing and regulation statute is now a supplementary operational code."},"complexity_factors":["Short statute with only 29 sections (many omitted in current version)","Simple linear structure with minimal cross-referencing","Only 6 defined terms in the Dictionary (article, duplicate, licensed, pawnbroker, pawned article, redemption period)","Straightforward offence provisions with clear penalty units","Minimal conditional logic—most provisions apply directly without nested exceptions","Historical baggage: Originally a 1902 NSW Act, but heavily streamlined in 2002 and 2016 amendments which removed licensing provisions (now handled by Traders (Licensing) Act 2016)"],"plain_english_summary":"This law governs pawnbroking in the ACT by requiring licences, licensed premises, and police access to licences; it mandates detailed records and provides clients with a duplicate receipt. It protects vulnerable people (no dealing with children under 14 or intoxicated persons), sets a minimum three‑month redemption period, rules for sale and surplus recovery, and lets the Magistrates Court order return of unlawfully pawned goods. \n\nIt affects licensed pawnbrokers, pawners, police and courts and balances business rights with consumer and victim protections."}},"importantCases":[],"_links":{"self":"/api/acts/pawnbrokers-act-1902","history":"/api/acts/pawnbrokers-act-1902/history","analysis":"/api/acts/pawnbrokers-act-1902/analysis","conflicts":"/api/acts/pawnbrokers-act-1902/conflicts","importantCases":"/api/acts/pawnbrokers-act-1902/important-cases","documents":"/api/acts/pawnbrokers-act-1902/documents"}}