{"id":"nsw:act-1996-013","name":"Pawnbrokers and Second-hand Dealers Act 1996","slug":"pawnbrokers-and-second-hand-dealers-act-1996","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"13 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105480,"registerId":"nsw-act-1996-013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Pawnbrokers and Second-hand Dealers Act 1996](/view/html/inforce/current/act-1996-013).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > authorised officer means—\n> > \n> > > (a) a police officer, or\n> > \n> > > (b) the Secretary, or\n> > \n> > > (c) an investigator appointed under section 18 of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), or\n> > \n> > > (d) a person authorised in writing by the Secretary.\n> > \n> > criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), or declared by the Supreme Court under that Act to be criminal intelligence.\n> > \n> > disqualified person has the meaning given by section 8A.\n> > \n> > executive officer of a corporation has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Note.\n> > \n> > Section 9 of the Commonwealth Act contained the following definition when the Bill inserting the definition in this Act was introduced—\n> > \n> > executive officer of a body corporate means a person who is concerned in, or takes part in, the management of the body (regardless of the person’s designation and whether or not the person is a director of the body).\n> > \n> > fees and charges in respect of the sale of pawned goods—see section 30A.\n> > \n> > licence means a licence in force under this Act.\n> > \n> > licensed business means a business authorised by a licence.\n> > \n> > market does not include an annual event such as a school fete, or any activity of a kind prescribed by the regulations.\n> > \n> > pawn agreement means an agreement by which goods are pawned.\n> > \n> > pawn ticket means a copy of a record referred to in section 28(5).\n> > \n> > pawnbroker—see section 3A.\n> > \n> > promoter of a market means a person to whom vendors of goods or services offered at the market pay any fee, commission or rent in consideration of being allowed to sell there.\n> > \n> > record means—\n> > \n> > > (a) a documentary record, or\n> > \n> > > (b) a record made by an electronic, electromagnetic, photographic or optical process, or\n> > \n> > > (c) any other kind of record.\n> > \n> > redemption period, in relation to pawned goods, means the period during which the goods may be redeemed under section 29(1).\n> > \n> > second-hand goods means any goods of a class or description prescribed that have been used or that are represented by a vendor of the goods to be goods purchased (otherwise than by the vendor) previously but unused.\n> > \n> > Secretary means—\n> > \n> > > (a) the Commissioner for Fair Trading, Department of Customer Service, or\n> > \n> > > (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service.\n> > \n> > sell includes any of the following—\n> > \n> > > (a) sell by tender,\n> > \n> > > (b) barter or exchange,\n> > \n> > > (c) any of the following—\n> > > \n> > > > (i) consign or deliver for sale,\n> > > \n> > > > (ii) advertise for sale,\n> > > \n> > > > (iii) offer for sale,\n> > > \n> > > > (iv) have in possession for sale,\n> > > \n> > > > (v) agree to sell,\n> > \n> > > (d) sell or do any of the above—\n> > > \n> > > > (i) as an agent or broker, or\n> > > \n> > > > (ii) by an agent or broker,\n> > \n> > > (e) cause a sale to take place or cause any of the above to be done.\n> > \n> > In paragraph (c), the expressions sale and sell are capable of having the extended meaning given by paragraph (a) or (b) or both.\n> > \n> > surplus proceeds, in relation to a sale of pawned goods, means the proceeds of the sale less—\n> > \n> > > (a) the principal and interest that was due at the time of the sale, and\n> > \n> > > (b) any unpaid fees and charges that would have been paid by the person who pawned the goods to redeem the goods, and\n> > \n> > > (c) any fees and charges that are deductible in respect of the sale of the goods, so long as—\n> > > \n> > > > (i) they were disclosed in a statement in accordance with section 28(5A)(b), and\n> > > \n> > > > (ii) they do not exceed the amounts of the fees and charges so disclosed or the amounts determined in accordance with the manner of determining them as so disclosed.\n> > \n> > Tribunal means the Civil and Administrative Tribunal.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2002 No 104, Sch 1 \\[1\\] \\[2\\]; 2005 No 62, Sch 1 \\[1\\]; 2009 No 23, Sch 3.6 \\[1\\]; 2012 No 9, Sch 1.9 \\[1\\]; 2013 No 12, Sch 2.5; 2013 No 95, Sch 4.28 \\[1\\]; 2016 No 27, Sch 1.21 \\[2\\]; 2022 No 59, Sch 3.50.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Definition of “pawnbroker”","content":"#### 3A Definition of “pawnbroker”\n\n3A Definition of “pawnbroker”\n\n> > (1) In this Act, pawnbroker means a person who carries on a business of lending money on the security of pawned goods.\n> \n> > (2) For the purposes of this Act, goods are pawned if the goods are taken into the possession of a lender of money for the purpose of the lender relying on possession of the goods as security for the repayment of the loan.\n> \n> > (3) In determining for the purposes of this Act whether goods are pawned and whether money is lent on the security of pawned goods, the following principles are to apply—\n> > \n> > > (a) regard is to be had to the substance of the loan transaction rather than its form or other legal technicalities,\n> > \n> > > (b) particular regard is to be had to the ordinary understanding of the borrower as to the nature of the loan transaction and the reason or basis on which possession of goods is given to the lender,\n> > \n> > > (c) it does not matter that the terms of the loan transaction provide that the lender has taken possession of the goods at the request of or on behalf of the borrower or otherwise so as to give the appearance that the lender does not rely on possession of the goods as security for the repayment of the loan,\n> > \n> > > (d) goods can be considered pawned and money can be considered lent on the security of pawned goods even if the loan also gives rise to a mortgage of the goods.\n> \n> > (4) The regulations may specify cases or circumstances in which, for the purposes of this Act—\n> > \n> > > (a) the taking of goods into the possession of a lender of money in connection with the loan is a pawning of the goods (whether or not that taking into possession is for the purpose of the lender relying on possession of the goods as security for the repayment of the loan), or\n> > \n> > > (b) the taking of goods into the possession of a lender of money in connection with the loan is not a pawning of the goods (despite that taking into possession being for the purpose of the lender relying on possession of the goods as security for the repayment of the loan), or\n> > \n> > > (c) the taking of goods into the possession of a person acting on behalf of a lender or associated with a lender is taken to be the taking of goods into the possession of the lender.\n> \n> **s 3A:** Ins 2005 No 62, Sch 1 \\[2\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Restrictions on operation of this Act","content":"#### 4 Restrictions on operation of this Act\n\n4 Restrictions on operation of this Act\n\n> > (1) This Act does not apply so as to affect any activities conducted in accordance with a licence, permit or other authority under another Act (for example the [Property and Stock Agents Act 2002](/view/html/inforce/current/act-2002-066), the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), or the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107)). In particular, this Act does not require a person to obtain a licence under this Act to carry on a business or any activity that is authorised by a licence, permit or other authority issued to that person under any other Act.\n> \n> > (2) This Act does not apply—\n> > \n> > > (a) to dealing in second-hand goods in the course of a fundraising appeal authorised under the [Charitable Fundraising Act 1991](/view/html/inforce/current/act-1991-069), or\n> > \n> > > (b) to the business of an auctioneer, or\n> > \n> > > (c) to the extent provided by the regulations, in relation to such persons and circumstances as the regulations may prescribe.\n> \n> > (3) In subsection (2)—\n> > \n> > business of an auctioneer does not include the business of selling goods by tender.\n> \n> **s 4:** Am 1998 No 120, Sch 2.25 \\[1\\]; 2002 No 66, Sch 2.6; 2002 No 104, Sch 1 \\[3\\]; 2013 No 107, Sch 3.9; 2018 No 5, Sch 2.11.","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Exemptions","content":"#### 4A Exemptions\n\n4A Exemptions\n\n> > (1) The Secretary may, by notice in writing given to a person, exempt the person from the operation of this Act or specified provisions of this Act.\n> \n> > (2) An exemption under this section—\n> > \n> > > (a) takes effect on the day the notice is given to the person or a later day specified in the notice, and\n> > \n> > > (b) if the notice provides for the expiry of the exemption, expires in accordance with the notice, and\n> > \n> > > (c) is subject to the conditions (if any) specified in the notice, and\n> > \n> > > (d) may be amended, varied or revoked by the Secretary by further notice in writing to the person.\n> \n> > (3) As soon as practicable after giving a person an exemption under this section, the Secretary must make details of the exemption publicly available on a NSW Government website or by other appropriate electronic means.\n> \n> **s 4A:** Ins 2020 No 25, Sch 6.1\\[1\\]. Am 2024 No 25, Sch 1.7.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Buy-back contracts regarded as pledge and loan","content":"#### 5 Buy-back contracts regarded as pledge and loan\n\n5 Buy-back contracts regarded as pledge and loan\n\n> If a person receives goods under a contract of sale where the seller has the right to buy back the goods, then for the purposes of this Act—\n> \n> > (a) the person receiving the goods is taken to be lending money on the security of the goods as pawned goods, and\n> \n> > (b) the price at which the goods are to be sold under the contract is taken to be the amount lent, and\n> \n> > (c) the difference between the amount lent and the price at which the goods may be bought back is taken to be the interest payable.\n> \n> **s 5:** Am 2005 No 62, Sch 1 \\[3\\].","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licensing of pawnbrokers and second-hand dealers","content":"# Part 2 Licensing of pawnbrokers and second-hand dealers\n\nPart 2 Licensing of pawnbrokers and second-hand dealers","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Pawnbrokers to be licensed","content":"#### 6 Pawnbrokers to be licensed\n\n6 Pawnbrokers to be licensed\n\n> A person must not carry on a business of lending money on the security of pawned goods except in accordance with a licence held by the person.\n> \n> Maximum penalty—100 penalty units.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Dealers in second-hand goods to be licensed","content":"#### 7 Dealers in second-hand goods to be licensed\n\n7 Dealers in second-hand goods to be licensed\n\n> A person must not carry on a business of buying or selling second-hand goods except in accordance with a licence held by the person.\n> \n> Maximum penalty—100 penalty units.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Eligibility for licence","content":"#### 8 Eligibility for licence\n\n8 Eligibility for licence\n\n> > (1) An individual is eligible to hold a licence only if the Secretary is satisfied that—\n> > \n> > > (a) he or she is at least 18 years of age, and\n> > \n> > > (b) he or she is a fit and proper person to hold a licence and each person with whom he or she is in partnership in connection with the business concerned is a fit and proper person to hold a licence, and\n> > \n> > > (c) he or she is not a disqualified person, and\n> > \n> > > (d) he or she is not a controlled member of a declared organisation within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009).\n> > > \n> > > Note.\n> > > \n> > > Controlled members are prohibited from applying for licences—see section 27 of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009).\n> \n> > (2) A corporation is eligible to hold a licence only if the Secretary is satisfied that—\n> > \n> > > (a) the corporation is a fit and proper person to hold a licence, and\n> > \n> > > (b) each director of the corporation is a fit and proper person to hold a licence, and\n> > \n> > > (c) the corporation is not a disqualified person.\n> \n> > (3) If an applicant for a licence has been charged with an offence involving dishonesty, the Secretary may await the outcome of proceedings on the charge before determining the application.\n> \n> **s 8:** Am 1998 No 48, Sch 2.16 \\[1\\]. Subst 2002 No 104, Sch 1 \\[4\\]. Am 2009 No 23, Sch 3.6 \\[2\\]; 2012 No 9, Sch 1.9 \\[2\\].","sortOrder":11},{"sectionNumber":"8A","sectionType":"section","heading":"Disqualified persons","content":"#### 8A Disqualified persons\n\n8A Disqualified persons\n\n> > (1) A person is a disqualified person for the purposes of this Act if—\n> > \n> > > (a) the person is disqualified under subsection (2), (2A) or (3) from holding a licence, or\n> > \n> > > (b) the person is precluded from being granted a licence under Part 5, or\n> > \n> > > (c) the person is the holder of a licence that is suspended under this Act, or of a licence, permit or other authority that is suspended under the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), or\n> > \n> > > (d) the person is disqualified from holding a licence, certificate of registration or other authority under a corresponding law or is the holder of such a licence, certificate of registration or other authority that is suspended, or\n> > \n> > > (e) the person is in breach of any provision of this Act or the regulations that is prescribed by the regulations as a disqualifying breach.\n> \n> > (2) An individual is disqualified from holding a licence if—\n> > \n> > > (a) he or she has a conviction in New South Wales or elsewhere for an offence involving dishonesty that was recorded in the last 10 years, unless the Secretary has determined under subsection (4) that the offence should be ignored, or\n> > \n> > > (b) he or she is an undischarged bankrupt, unless the Secretary has determined under subsection (5) that this factor should be ignored, or\n> > \n> > > (c) he or she, at any time in the 3 years preceding the application for the licence, was an undischarged bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, unless the Secretary has determined under subsection (5) that this factor should be ignored, or\n> > \n> > > (d) he or she is an executive officer of a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, unless the Secretary has determined under subsection (5) that this factor should be ignored, or\n> > \n> > > (e) he or she, at any time in the 3 years preceding the application for the licence, was an executive officer of a corporation when the corporation was the subject of a winding up order or when a controller or administrator was appointed, unless the Secretary has determined under subsection (5) that this factor should be ignored in relation to the individual, or\n> > \n> > > (f) he or she is an executive officer of a corporation that is a disqualified person, or\n> > \n> > > (g) he or she is a mentally incapacitated person, or\n> > \n> > > (h) he or she is in partnership in connection with the business concerned with a person who is a disqualified person.\n> \n> > (2A) An individual is disqualified from holding a licence if the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the individual that—\n> > \n> > > (a) the individual is a member of, or regularly associates with one or more members of, a declared organisation within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), and\n> > \n> > > (b) the nature and circumstances of the individual’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the individual is not disqualified from holding a licence.\n> \n> > (3) A corporation is disqualified from holding a licence if—\n> > \n> > > (a) it has a conviction in New South Wales or elsewhere for an offence involving dishonesty that was recorded in the last 10 years, unless the Secretary has determined under subsection (4) that the offence should be ignored, or\n> > \n> > > (b) it is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, unless the Secretary has determined under subsection (5) that this factor should be ignored, or\n> > \n> > > (c) any of its executive officers is a disqualified person.\n> \n> > (4) Where subsection (2) or (3) provides that a determination may be made under this subsection in relation to an offence committed by a person, the Secretary may determine that the offence should be ignored for the purposes of this section on one or more of the following grounds—\n> > \n> > > (a) the triviality of the acts or omissions giving rise to the offence,\n> > \n> > > (b) the time that has passed since the offence was committed,\n> > \n> > > (c) the offence was committed by the offender as a minor,\n> > \n> > > (d) the subsequent good behaviour of the offender,\n> > \n> > > (e) any other ground prescribed by the regulations.\n> \n> > (5) Where subsections (2) and (3)(b) provide that a determination may be made under this subsection that a factor should be ignored, the Secretary may determine that the factor should be ignored for the purposes of this section in relation to the individual concerned if, on the basis of information provided to the Secretary by the individual, the Secretary considers it is appropriate to do so.\n> \n> > (6) In this section—\n> > \n> > administrator and controller have the same meanings as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > corresponding law means a law of another Australian jurisdiction that is declared by the Minister from time to time by order published in the Gazette to be a law that corresponds to this Act.\n> \n> **s 8A:** Ins 2002 No 104, Sch 1 \\[4\\]. Am 2009 No 23, Sch 3.6 \\[3\\] \\[4\\]; 2012 No 9, Sch 1.9 \\[2\\]; 2018 No 65, Sch 3.3\\[1\\]–\\[4\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Application to licences of Licensing and Registration (Uniform Procedures) Act 2002","content":"#### 9 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002\n\n9 Application to licences of [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028)\n\n> > (1) The Secretary may grant the following licences for the purposes of this Act—\n> > \n> > > (a) pawnbrokers’ licences,\n> > \n> > > (b) second-hand dealers’ licences,\n> > \n> > > (c) combined pawnbrokers’ and second-hand dealers’ licences.\n> \n> > (2) Part 2 (other than section 10) of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) (the applied Act) applies to and in respect of a licence, subject to the modifications and limitations prescribed by or under this Act.\n> \n> > (3) A licence may be amended under the applied Act.\n> \n> > (4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence as are relevant to the operation of Part 2 of the applied Act.\n> \n> > (5) Nothing in Part 2 of the applied Act requires the Secretary to give any reasons for refusing an application for a licence because of section 8A(2A) to the extent that the giving of those reasons would disclose any criminal intelligence.\n> \n> **s 9:** Subst 1998 No 24, Sch 1 \\[1\\]; 2002 No 28, Sch 4.11 \\[1\\]. Am 2003 No 40, Sch 1.37; 2009 No 23, Sch 3.6 \\[5\\]; 2018 No 65, Sch 2.10\\[1\\] \\[2\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Duration of licence","content":"#### 10 Duration of licence\n\n10 Duration of licence\n\n> > (1) An application for a licence or for renewal of a licence is to nominate one of the following terms of duration for the licence (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.\n> \n> > (2) The Secretary may grant or renew a licence for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.\n> \n> > (3) If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.\n> \n> > (4) If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.\n> \n> > (5) The suspension of a licence does not affect the term of the licence.\n> \n> > (6) This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).\n> \n> **s 10:** Am 1997 No 147, Sch 1.19. Subst 1998 No 24, Sch 1 \\[1\\]; 2002 No 28, Sch 4.11 \\[2\\] (am 2002 No 112, Sch 1.13 \\[3\\]); 2018 No 65, Sch 2.10\\[3\\].","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Time period for restoration of licences","content":"#### 10A Time period for restoration of licences\n\n10A Time period for restoration of licences\n\n> > (1) An application for the restoration of a licence must be made—\n> > \n> > > (a) within 3 months of the expiry of the licence, or\n> > \n> > > (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence.\n> \n> > (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence may be made if the Secretary is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the licence.\n> \n> > (3) A licence that has been cancelled must not be restored.\n> \n> > (4) An application for the restoration of a licence must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the licence.\n> \n> > (5) A licence restored at any time is taken to have been restored from the day on which the licence expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.\n> \n> **s 10A:** Ins 1998 No 24, Sch 1 \\[1\\]. Rep 2002 No 28, Sch 4.11 \\[2\\] (am 2002 No 112, Sch 1.13 \\[3\\]). Ins 2018 No 65, Sch 2.10\\[3\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Conditions of licences","content":"#### 11 Conditions of licences\n\n11 Conditions of licences\n\n> > (1) A licence is subject to any conditions that the Secretary sees fit, in the public interest, to attach to it—\n> > \n> > > (a) on grant or renewal, or\n> > \n> > > (b) at any time by order under subsection (1A), or\n> > \n> > > (c) pursuant to section 36 or 36A.\n> \n> > (1A) The Secretary may, by order served on the holder of a licence, attach conditions to the licence at any time during its currency.\n> \n> > (1B) The Secretary may, by order served on the holder of a licence, vary or revoke any conditions referred to in subsection (1).\n> \n> > (2) The regulations may make provision for or with respect to the imposition of conditions on the grant or renewal of a licence or at some later time.\n> \n> **s 11:** Am 1998 No 24, Sch 1 \\[2\\]; 2002 No 104, Sch 1 \\[8\\] \\[9\\].","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Business and storage premises: second-hand dealers","content":"#### 12 Business and storage premises: second-hand dealers\n\n12 Business and storage premises: second-hand dealers\n\n> > (1) An applicant for a licence to carry on the business of a second-hand dealer only, or an applicant for the renewal of such a licence, must nominate in the application any premises that the applicant intends to make regular use of, whether as business premises or storage premises, for the purposes of carrying on the licensed business.\n> \n> > (2) A licensee who for any reason ceases to carry on business or to store goods at the premises nominated under this section, or who commences to carry on business or to store goods at other premises and intends to make regular use of those other premises, must notify the Secretary in writing of that fact and of the address of the other premises within 14 days of doing so.\n> > \n> > Maximum penalty (subsection (2)): 50 penalty units.\n> \n> **s 12:** Subst 1998 No 24, Sch 1 \\[3\\].","sortOrder":17},{"sectionNumber":"12A","sectionType":"section","heading":"Business and storage premises: pawnbrokers","content":"#### 12A Business and storage premises: pawnbrokers\n\n12A Business and storage premises: pawnbrokers\n\n> > (1) An applicant for a licence to carry on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, or an applicant for the renewal of such a licence, must nominate in the application all premises that the applicant will make use of, whether as business premises or storage premises, for the purposes of carrying on the licensed business.\n> \n> > (2) A licensee who for any reason ceases to carry on business or to store goods at the premises nominated under this section, or who commences to carry on business or to store goods at other premises, must notify the Secretary in writing of that fact and of the address of the other premises within 14 days of doing so.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) It is a condition of a licence to carry on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, that the licensee carries on the business only from the premises nominated in the application for the licence, or later notified to the Secretary under subsection (2).\n> \n> > (4) It is not a breach of such a condition for the licensee to carry on the business from other premises for a period of up to 14 days if the licensee notifies the Secretary of that fact within 14 days of commencing to use those premises.\n> \n> **s 12A:** Ins 1998 No 24, Sch 1 \\[3\\]. Am 2002 No 104, Sch 1 \\[10\\]–\\[12\\].","sortOrder":18},{"sectionNumber":"12B","sectionType":"section","heading":"Goods to be kept at approved business or storage premises: pawnbrokers","content":"#### 12B Goods to be kept at approved business or storage premises: pawnbrokers\n\n12B Goods to be kept at approved business or storage premises: pawnbrokers\n\n> > (1) Definition In this section—\n> > \n> > approved premises, in relation to a licensee carrying on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, means—\n> > \n> > > (a) business premises or storage premises nominated in the application for the relevant licence, or\n> > \n> > > (b) business premises or storage premises later notified by the licensee to the Secretary under section 12A(2), or\n> > \n> > > (c) other business premises or storage premises in respect of which the licensee is not yet in breach of section 12A(2),\n> > \n> > but does not include premises that are for the time being the subject of a declaration under subsection (4), or a direction under subsection (5), that is applicable to the goods concerned.\n> \n> > (2) Unredeemed pawned goods to be kept at approved premises A licensee carrying on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, must ensure that any goods that are pawned to the licensee are at all times kept at approved premises, until—\n> > \n> > > (a) the goods are redeemed, or\n> > \n> > > (b) the goods are purchased, or\n> > \n> > > (c) the goods are consigned for auction, or\n> > \n> > > (d) the goods are removed in accordance with a requirement imposed, or an authorisation given, by or under this Act or the regulations.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) It is a condition of a licence to carry on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, that all goods pawned to the licensee are at all times kept at approved premises as required by subsection (2).\n> \n> > (4) Exclusion of premises from being approved premises The regulations may declare that premises of a specified class are excluded from this section, in relation to all pawned goods or to pawned goods of a specified class.\n> \n> > (5) The Secretary may, by notice given to a licensee, direct that specified premises or premises of a specified class are excluded from this section, in relation to all pawned goods, or to specified pawned goods or to pawned goods of a specified class. The Secretary may, in the same manner, amend or revoke such a direction.\n> \n> > (6) Defence It is a defence to a charge for an offence based on the fact that goods were not kept at approved premises (or to an allegation of a failure to comply with a condition based on that fact) if the licensee establishes that at the relevant time—\n> > \n> > > (a) the goods were located on premises that have within the past 3 days ceased to be approved premises, or\n> > \n> > > (b) the goods were in the process of being transported to approved premises from—\n> > > \n> > > > (i) other approved premises, or\n> > > \n> > > > (ii) premises that have within the past 3 days ceased to be approved premises.\n> \n> > (7) Other requirements not affected Nothing in this section affects any requirement of or imposed under any other provision of this Act or the regulations.\n> \n> **s 12B:** Ins 2002 No 104, Sch 1 \\[13\\].","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Register of licences","content":"#### 13 Register of licences\n\n13 Register of licences\n\n> > (1) The Secretary must cause a register of licences to be maintained, in which are to be recorded the names, business premises and storage premises and other particulars relating to licensees and required by the regulations to be recorded.\n> \n> > (2) On payment of a fee prescribed by the regulations, a person is entitled on request to be given a certificate by the Secretary containing information extracted from the register.\n> \n> > (3) (Repealed)\n> \n> **s 13:** Am 2002 No 28, Sch 4.11 \\[3\\].","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regulation of licensed businesses","content":"# Part 3 Regulation of licensed businesses\n\nPart 3 Regulation of licensed businesses","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Display of licence details","content":"#### 14 Display of licence details\n\n14 Display of licence details\n\n> > (1) A licensee must conspicuously display, on all premises used for the conduct of a licensed business, the particulars required by the regulations to be displayed in relation to the licence.\n> \n> > (2) A licensee who is conducting a licensed business as an itinerant must, at all times while so conducting the business, display in the prescribed manner any particulars required by the regulations to be displayed in relation to the licence.\n> \n> Maximum penalty—10 penalty units.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Evidence of identity and title of supplier of goods","content":"#### 15 Evidence of identity and title of supplier of goods\n\n15 Evidence of identity and title of supplier of goods\n\n> > (1) On each occasion before accepting any goods offered for sale or pawn, a licensee must obtain evidence of the identity of the person by whom the goods are being offered.\n> \n> > (1A) The evidence must include documentary evidence that shows the person’s name and address, being evidence of a kind prescribed by the regulations, and must also include other evidence of any further particulars relating to the identity of the person that are required by the regulations.\n> \n> > (1B) The regulations may provide for that additional evidence to be in oral or documentary form and may prescribe the kind of evidence required.\n> \n> > (2) A licensee must not accept any goods offered for sale or pawn if the licensee has reasonable grounds to believe that the goods concerned are not the property of the person by whom they are offered or of any person for whom that person is authorised to make the offer.\n> \n> > (3) A licensee must not accept any goods offered for sale or pawn without first complying with any requirements of the regulations relating to ascertaining the title to the goods.\n> \n> > (4) A person must not, in purported compliance with any requirement reasonably made of the person by a licensee for the purposes of the licensee’s compliance with this section, furnish information or make any statement knowing that it is false in a material particular.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 15:** Am 1998 No 24, Sch 1 \\[4\\]; 1999 No 31, Sch 1.30 \\[1\\].","sortOrder":23},{"sectionNumber":"15A","sectionType":"section","heading":"Evidence of identity of vendors at markets","content":"#### 15A Evidence of identity of vendors at markets\n\n15A Evidence of identity of vendors at markets\n\n> > (1) Before permitting a person to sell second-hand goods at a market, the promoter of the market must obtain evidence of the person’s identity on each occasion a market is or is to be conducted.\n> \n> > (2) The evidence must include the same kind of evidence that is required to be obtained by a licensee under section 15 before accepting goods for sale.\n> \n> > (3) However, in the case of a person licensed to carry on the business of a second-hand dealer or the business of a pawnbroker and a second-hand dealer, subsection (1) is satisfied by production to the promoter of documentary evidence indicating that the person is so licensed.\n> \n> > (4) A promoter of a market may impose a reasonable requirement on a person seeking to sell goods at the market to furnish information to the promoter for the purposes of the promoter’s compliance with this section.\n> \n> Maximum penalty—50 penalty units.\n> \n> Note.\n> \n> Section 24 makes it an offence for a person, in purported compliance with a requirement under the Act for the furnishing of information, to make or furnish any statement that the person knows is false or misleading.\n> \n> **s 15A:** Ins 2002 No 104, Sch 1 \\[14\\].","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Records","content":"#### 16 Records\n\n16 Records\n\n> > (1) A licensee must keep records, in the manner and containing the particulars prescribed by the regulations, of all transactions—\n> > \n> > > (a) for the acquisition or disposal of second-hand goods, or\n> > \n> > > (b) for the redemption of any pawned goods, or the disposal of any forfeit pledge,\n> > \n> > and of such other matters pertaining to the business of a licensee as the regulations may prescribe.\n> \n> > (2) A licensee must keep records, in the manner and containing the particulars prescribed by the regulations, of all persons employed in the licensed business.\n> \n> > (3) The promoter of any market must keep records, in the manner and containing the particulars prescribed by the regulations, of all vendors selling second-hand goods at the market on any day, and of the kinds of goods sold by them and any other prescribed particulars.\n> \n> > (4) A requirement under this Act to keep a record is a requirement to keep it—\n> > \n> > > (a) so that it is readily able to be produced to an authorised officer if an authorised officer should require its production, and\n> > \n> > > (b) in English.\n> \n> > (5) A person required by this section to keep a record must retain the record for a period of 3 years after it is made.\n> \n> > (5A) A licensee must, if required to do so by the regulations, furnish to the Commissioner of Police, within the prescribed time after it is made, particulars of any record required to be kept by the licensee by or under this Act.\n> \n> > (6) If the regulations require a record kept under this section to be signed by a person making any entry in it or by a person who is the owner or consignor of goods to which the record relates, that person must sign it.\n> \n> > (7) Without affecting the generality of subsections (1) and (2) or the power of the Secretary under section 11, the regulations may make provision for or with respect to requiring the use by licensees of electronic methods of creation and storage of records that licensees are required under this section to keep.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 16:** Am 1997 No 55, Sch 2.11 \\[1\\] \\[2\\]; 1998 No 24, Sch 1 \\[5\\].","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Production of records","content":"#### 17 Production of records\n\n17 Production of records\n\n> > (1) An authorised officer who has lawfully entered any premises where a licensed business is being carried on may require any person apparently in charge of the premises to do immediately any of the following—\n> > \n> > > (a) to produce for inspection any record required to be kept by the licensee under this Act,\n> > \n> > > (b) to identify and locate records kept by the licensee that correspond to particular goods kept by the licensee,\n> > \n> > > (c) to identify and locate goods kept by the licensee that correspond to particular records kept by the licensee,\n> > \n> > > (d) to reveal the whereabouts of any goods or records referred to in paragraph (b) or (c),\n> > \n> > > (e) to produce the licence.\n> \n> > (2) An authorised officer may require a person carrying on a licensed business from a market stall or other place occupied intermittently for the purposes of a licensed business to do any of the following—\n> > \n> > > (a) to produce for inspection at the nearest police station within 24 hours any record required to be kept by the licensee under this Act,\n> > \n> > > (b) to identify, locate and produce for inspection at the nearest police station within 24 hours any records kept by the licensee that correspond to particular goods kept by the licensee,\n> > \n> > > (c) to identify, locate and produce for inspection at the nearest police station within 24 hours any goods kept by the licensee that correspond to particular records kept by the licensee,\n> > \n> > > (d) to reveal immediately the whereabouts of any goods or records referred to in paragraph (b) or (c),\n> > \n> > > (e) to produce the licence for inspection at the nearest police station within 24 hours.\n> \n> > (3) An authorised officer may require the promoter of a market—\n> > \n> > > (a) to produce for inspection at the nearest police station within 24 hours any record required to be kept by the promoter under this Act, or\n> > \n> > > (b) to reveal the whereabouts of any such records.\n> \n> > (4) An authorised officer who is not a police officer may, instead of requiring under this section that any goods or records be produced at a police station, require—\n> > \n> > > (a) the production of the goods or records at a place specified by the authorised officer, or\n> > \n> > > (b) that a copy of the records be sent to an address specified by the authorised officer.\n> \n> > (5) In the case of a record that is electronically stored, a provision of this section conferring power on an authorised officer to compel production of the record for inspection empowers the officer, for the purpose of exercising that power—\n> > \n> > > (a) to view the record and to copy or take extracts from it by electronic means, or\n> > \n> > > (b) to require that it be reproduced in hard copy, or copied electronically or reduced to a portable form suitable for removal and capable of reproducing the record for viewing.\n> \n> > (6) A person must comply with a requirement made of the person under this section.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 17:** Am 2016 No 55, Sch 1.19; 2024 No 25, Sch 2.6.","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Seizure of records","content":"#### 18 Seizure of records\n\n18 Seizure of records\n\n> > (1) An authorised officer may take temporary possession of any record produced to the officer under this Act for the purpose of making copies or notes of some or all of it.\n> \n> > (2) When possession of a record is taken under this section, a receipt is to be issued for it at the time it is taken and, as soon as practicable thereafter, the record or a copy of it must be returned to the person from whom it was taken.","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Duty to report suspicious goods","content":"#### 19 Duty to report suspicious goods\n\n19 Duty to report suspicious goods\n\n> > (1) A licensee, and any employee of a licensee, who suspects for any reason that goods in the custody of the licensee or employee in the course of the licensee’s business, or goods that are offered to the licensee or employee for sale or pawn, may have been stolen or otherwise unlawfully obtained must without delay inform an authorised officer of the cause of that suspicion.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) If the licensee or employee is aware that the unique identifier of the goods has been removed, obliterated, defaced or altered, the licensee or employee is presumed (for the purposes of this section) to suspect that the goods may have been stolen.\n> \n> > (3) In this section, unique identifier of goods means any numbers, letters or symbols that are marked on or attached to the goods as a permanent record so as to enable the goods to be distinguished from similar goods.\n> \n> **s 19:** Am 2003 No 5, Sch 3.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Inspection of goods","content":"#### 20 Inspection of goods\n\n20 Inspection of goods\n\n> > (1) An authorised officer may, at any reasonable time, enter any premises where a licensed business is conducted and inspect goods kept at the premises.\n> \n> > (2) An authorised officer may, at any reasonable time, enter any storage premises used in connection with a licensed business and inspect any goods there, and for that purpose may require a person apparently in charge of the storage premises to open them.\n> \n> > (2A) For the purpose of inspecting goods kept at any premises referred to in subsection (1) or (2), an authorised officer may open any unlocked cupboard, drawer, container or other form of storage found at the premises, and may require a person apparently in charge of the premises to open any form of storage (including a safe) that is locked.\n> \n> > (3) In exercise of the power conferred by this section, the authorised officer may enter the premises concerned in company with a person claiming to be the true owner of any goods believed to be kept on the premises, or with any technical expert, and may take photographs of any goods found there and tender them for inspection by the person accompanying the officer.\n> \n> > (4) A person must not fail to comply with a requirement under this section.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 20:** Am 2003 No 82, Sch 1.23 \\[1\\].","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Retention of goods","content":"#### 21 Retention of goods\n\n21 Retention of goods\n\n> > (1) A licensee—\n> > \n> > > (a) must keep all second-hand goods purchased or received in the course of the licensed business for a period of 14 days on premises nominated or otherwise notified under section 12 or 12A as business premises or at such other places as may be determined by or in accordance with the regulations, and\n> > \n> > > (b) must not alter the form of the goods or dispose of them in any way, or allow them to be redeemed or part with possession of them, during that period.\n> > \n> > This subsection does not apply to such goods, or in such circumstances, as the regulations may prescribe.\n> \n> > (1A) The period of 14 days commences with the day on which the purchase or receipt was recorded by the licensee.\n> \n> > (2) An authorised officer who has reasonable grounds to suspect that goods in the possession of a licensee have been stolen or otherwise unlawfully obtained may, by a notice specifying the goods, prohibit the licensee from altering the form of the goods or disposing of them in any way, or allowing them to be redeemed, or parting with possession of them, for a period of 56 days after service of the notice.\n> \n> > (3) A notice under subsection (2) may be reissued once for a further period of 56 days commencing on the expiry of the first notice.\n> \n> > (4) A licensee must comply with this section and with any notice under this section, and must see to it that no employee of the business does what this section or such a notice prohibits the licensee from doing.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 21:** Am 1998 No 24, Sch 1 \\[6\\] \\[7\\]; 2002 No 104, Sch 1 \\[15\\].","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22, 23 (Repealed)","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"False or misleading information","content":"#### 24 False or misleading information\n\n24 False or misleading information\n\n> A person must not, in purported compliance with a requirement under this Act to furnish information, make or furnish any statement that the person knows is false or misleading.\n> \n> Maximum penalty—50 penalty units.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Obstructing authorised officer","content":"#### 25 Obstructing authorised officer\n\n25 Obstructing authorised officer\n\n> A person must not delay, obstruct or otherwise hinder an authorised officer in the performance of the officer’s functions under this Act.\n> \n> Maximum penalty—50 penalty units.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Penalty notices","content":"#### 26 Penalty notices\n\n26 Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> **s 26:** Subst 2017 No 22, Sch 3.51.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Demerit points scheme","content":"#### 27 Demerit points scheme\n\n27 Demerit points scheme\n\n> > (1) If a licensee or any employee of a licensee—\n> > \n> > > (a) has been convicted of any offence prescribed by the regulations for the purposes of this section, or\n> > \n> > > (b) has paid a penalty pursuant to section 26 in respect of any such offence, or\n> > \n> > > (c) is a person against whom an order has been made under Division 4 of Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099) in respect of such an offence,\n> > \n> > the Secretary may endorse, on a record kept in relation to the licensee, particulars of the offence, the penalty, the number of demerit points allocated to the offence and the date on which the offence is alleged to have been committed.\n> \n> > (2) The number of demerit points to be allocated to an offence is the number prescribed by the regulations in relation to the offence.\n> \n> > (3) In addition to any other grounds on which the Secretary may serve a notice under section 34, such a notice may be issued if the licensee incurs a total of 12 or more demerit points within any period of 3 years.\n> \n> > (4) For the purposes of this section, any demerit points incurred in respect of an offence are to be taken to have been incurred on the date on which the offence was allegedly committed.\n> \n> > (5) If the Secretary serves a notice under section 34 in accordance with this section, the demerit points on which that notice was grounded may not be considered as grounds for a further notice under that section.\n> \n> > (6) A certificate that purports to be signed by the Secretary and that certifies the number of demerit points accruing to a particular licensee in a particular period is evidence, in any proceedings, of the particulars certified in it.\n> \n> **s 27:** Am 1998 No 120, Sch 2.25 \\[2\\]; 2022 No 59, Sch 2.31.","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Special provisions relating to pawnbrokers","content":"# Part 4 Special provisions relating to pawnbrokers\n\nPart 4 Special provisions relating to pawnbrokers","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Pawnbroker’s record of pledges","content":"#### 28 Pawnbroker’s record of pledges\n\n28 Pawnbroker’s record of pledges\n\n> > (1) At the time possession of goods is taken under an agreement by which the goods are pawned, a record of the agreement must be made that complies with this section.\n> \n> > (2) The record must include—\n> > \n> > > (a) a fair and reasonable description of the goods (including a fair and reasonable description of any detached or detachable components of the goods), which must include—\n> > > \n> > > > (i) each serial number, each other identifying number and each hallmark, inscription and engraving appearing on the goods (including any such components), and\n> > > \n> > > > (ii) any other matters prescribed by the regulations for the purposes of this paragraph, and\n> > \n> > > (b) the total amount lent on the goods, together with the rate of interest charged by week, month, or other period, as the case may be, and any other charges, and\n> > \n> > > (c) an equivalent annual interest rate, calculated in accordance with the regulations, and\n> > \n> > > (d) the name and residential address of the owner of the goods and of any agent through whom they are pawned, and\n> > \n> > > (e) the date of the pledge, and\n> > \n> > > (f) any other particulars required by the regulations to be included.\n> \n> > (3) A pledge is not validly made unless—\n> > \n> > > (a) the person pawning the goods signs the record, including by, if the record is kept in electronic form, signing a hard copy or attaching an electronic signature, and\n> > \n> > > (b) at the time of signing, the record contained all the particulars required by or under this Act to be included in the record.\n> \n> > (4) The record signed under subsection (3) must be retained for a period of 3 years after it was made.\n> \n> > (5) An accurate and legible copy (a pawn ticket) of any such record must be given to the person who pawned the goods at the time the record is made.\n> \n> > (5A) A pawn ticket must incorporate or be accompanied by—\n> > \n> > > (a) a notice in the form approved by the Secretary setting out rights and obligations of the person who pawned the goods, and complying with the requirements of the regulations (if any), and\n> > \n> > > (b) a statement, in itemised form, of—\n> > > \n> > > > (i) the types of fees and charges that are or may become payable, including those that are or may become deductible from the proceeds of the sale of the goods concerned, and\n> > > \n> > > > (ii) so far as they are known or ascertainable—the amounts of the fees and charges, and\n> > > \n> > > > (iii) so far as they are not known or ascertainable—the manner of calculating the amounts of the fees and charges, and\n> > \n> > > (c) a statement of the method or methods by which the goods may be sold if the goods are not redeemed.\n> > \n> > > (d) (Repealed)\n> \n> > (5B) A pawn ticket must not contain any statement or claim, or be accompanied by any material that contains any statement or claim, that purports to exclude or modify or misrepresents any rights that a person has under this Act or the regulations, or under any other legislation, or under the common law.\n> \n> > (5C) Without affecting the generality of subsection (1), the regulations may make provision for or with respect to requiring the use by pawnbrokers of electronic methods of creation and storage of records that pawnbrokers are required to keep under this section.\n> \n> > (6) In this section—\n> > \n> > component of goods includes an attachment to the goods (including, for example, a battery).\n> \n> > (7) If this section is contravened in relation to any transaction, the pawnbroker by or on whose behalf the transaction was undertaken is guilty of an offence.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 28:** Am 1998 No 24, Sch 1 \\[11\\]–\\[13\\]; 2002 No 104, Sch 1 \\[18\\]–\\[22\\]; 2004 No 91, Sch 1.24; 2018 No 65, Sch 8.8\\[1\\]–\\[3\\]; 2024 No 53, Sch 1.10\\[1\\] \\[2\\].","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Redemption of pawned goods","content":"#### 29 Redemption of pawned goods\n\n29 Redemption of pawned goods\n\n> > (1) Pawned goods may be redeemed at any time—\n> > \n> > > (a) during the period of 3 months commencing on the date they were pawned, or\n> > \n> > > (b) during such longer period, commencing on that date, as may be agreed.\n> \n> > (2) When the redemption period has expired, pawned goods may still be redeemed at any time before they are sold (or, in the case of goods consigned for auction, at any time before they are consigned for auction).\n> \n> > (3) A provision in or condition of any agreement that purports to limit the period of 3 months referred to in subsection (1)(a), or that purports to limit or restrict the operation of subsection (2), is of no effect.\n> \n> > (4) An agreement for the purposes of subsection (1)(b) may be made at any time before the pawned goods are sold.\n> \n> > (5) A pawnbroker must not sell any goods before the redemption period has expired.\n> \n> > (6) A pawnbroker must not permit any goods to be redeemed without taking such steps as the regulations may require in relation to ascertaining the identity of the person redeeming them or without complying with any other requirement prescribed by the regulations in relation to the redemption of those goods.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 29:** Am 2002 No 104, Sch 1 \\[23\\]–\\[25\\].","sortOrder":39},{"sectionNumber":"29A","sectionType":"section","heading":"Agreement to extend redemption period","content":"#### 29A Agreement to extend redemption period\n\n29A Agreement to extend redemption period\n\n> > (1) This section applies to an agreement (in this section called an extending agreement) for the purposes of section 29(1)(b) to vary a pawn agreement (in this section called an original agreement) by extending the redemption period for the goods concerned.\n> \n> > (2) An extending agreement may be entered into with a pawnbroker by a person who is entitled to redeem the goods concerned.\n> \n> > (3) A pawnbroker must not enter into an extending agreement with another person without—\n> > \n> > > (a) taking such steps in relation to ascertaining the identity of the other person as—\n> > > \n> > > > (i) would be required by the regulations in relation to ascertaining the identity of a person seeking to redeem the goods, or\n> > > \n> > > > (ii) are prescribed instead by the regulations for the purposes of this paragraph, and\n> > \n> > > (b) complying with such other requirements as—\n> > > \n> > > > (i) would be applicable under the regulations in relation to the redemption of those goods, or\n> > > \n> > > > (ii) are prescribed instead by the regulations for the purposes of this paragraph.\n> \n> > (4) At the time an extending agreement is entered into, a record of the extending agreement must be made that complies with this section.\n> \n> > (5) The record of an extending agreement must—\n> > \n> > > (a) be incorporated in or attached to the record of the original agreement, and\n> > \n> > > (b) include an identifying reference to or description of the original agreement, and\n> > \n> > > (c) specify the new redemption period, and\n> > \n> > > (d) specify any new or varied rates, fees or charges that are or may be payable as a result of the extension, and\n> > \n> > > (e) specify the date on which the extending agreement is entered into, and\n> > \n> > > (f) include any other particulars required by the regulations to be included.\n> \n> > (6) An extending agreement is not validly made unless—\n> > \n> > > (a) the person entering the extending agreement with the pawnbroker signs the record, including by, if the record is kept in electronic form, signing a hard copy or attaching an electronic signature, and\n> > \n> > > (b) at the time of signing, the document contained all the particulars required by or under this Act to be included in the document.\n> \n> > (7) An accurate and legible copy of the record must be given to the person who pawned the goods at the time the record is made.\n> \n> > (8) Without affecting the generality of subsection (4), the regulations may make provision for or with respect to requiring the use by pawnbrokers of electronic methods of creation and storage of records that pawnbrokers are required to keep under this section.\n> \n> > (9) A record of an extending agreement under this section must be retained for the period for which the record of the original agreement concerned is required to be kept under section 28.\n> \n> > (10) A redemption period may be extended even though the period has already expired.\n> \n> > (11) If this section is contravened in relation to any transaction, the pawnbroker by or on whose behalf the transaction was undertaken is guilty of an offence.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 29A:** Ins 2002 No 104, Sch 1 \\[26\\]. Am 2024 No 53, Sch 1.10\\[3\\]–\\[5\\].","sortOrder":40},{"sectionNumber":"29B","sectionType":"section","heading":"Pawn agreement not to be varied","content":"#### 29B Pawn agreement not to be varied\n\n29B Pawn agreement not to be varied\n\n> > (1) A pawn agreement may not be varied (whether by alteration of the agreement or by a further agreement) except—\n> > \n> > > (a) in accordance with section 29A or any other Act, or\n> > \n> > > (b) as permitted by the regulations.\n> \n> > (2) If a pawn agreement is varied in contravention of subsection (1), the pawnbroker by or on whose behalf the agreement was entered into is guilty of an offence.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) However, a pawnbroker is not liable to be punished twice in respect of the same variation (that is, under this section and also under section 29A or any other Act).\n> \n> **s 29B:** Ins 2002 No 104, Sch 1 \\[26\\].","sortOrder":41},{"sectionNumber":"29C","sectionType":"section","heading":"Simultaneous discharge of pawn agreement and re-pawning of goods","content":"#### 29C Simultaneous discharge of pawn agreement and re-pawning of goods\n\n29C Simultaneous discharge of pawn agreement and re-pawning of goods\n\n> > (1) Nothing in this Part prevents the parties to a pawn agreement in relation to any goods from agreeing to discharge the pawn agreement and simultaneously to enter into a new pawn agreement in relation to the same goods or any of the goods.\n> \n> > (2) If a new pawn agreement is entered into as referred to in subsection (1)—\n> > \n> > > (a) the goods are regarded as having been redeemed under the discharged agreement, and\n> > \n> > > (b) the pawnbroker is regarded as having again taken possession of the goods (in so far as they are covered by the new agreement) under the new agreement when it is entered into.\n> \n> **s 29C:** Ins 2002 No 104, Sch 1 \\[26\\].","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":"Sale of unredeemed goods","content":"#### 30 Sale of unredeemed goods\n\n30 Sale of unredeemed goods\n\n> > (1) If pawned goods have not been redeemed at the end of the redemption period and the principal lent on the goods was greater than the amount prescribed by the regulations, the pawnbroker must, as soon as reasonably practicable, sell the goods in a manner conducive to securing the best price reasonably obtainable, either—\n> > \n> > > (a) by sale by auction at any premises, or\n> > \n> > > (b) by sale by auction or otherwise at business premises of the pawnbroker.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) If the goods are sold at auction and the person to whom the goods are sold does not pay the whole of the purchase price for those goods in accordance with the contract governing the sale at auction, the sale is taken to be void and the title to the goods is taken not to have passed.\n> \n> > (3) If subsection (2) applies, the pawnbroker must, as soon as reasonably practicable, sell the goods in a manner conducive to securing the best price reasonably obtainable, either—\n> > \n> > > (a) by sale by auction at any premises, or\n> > \n> > > (b) by sale at business premises of the pawnbroker.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) If in proceedings a question arises as to whether the pawnbroker has complied with subsection (1) or (3), the onus of proving compliance is on the pawnbroker.\n> \n> > (5) Nothing in this section prevents redemption of the goods under section 29 after expiry of the redemption period, and the pawnbroker is not guilty of an offence under this section if the goods are so redeemed.\n> \n> **s 30:** Am 1998 No 24, Sch 1 \\[14\\] \\[15\\]. Subst 2002 No 104, Sch 1 \\[27\\].","sortOrder":43},{"sectionNumber":"30A","sectionType":"section","heading":"Fees and charges in respect of sale of unredeemed goods","content":"#### 30A Fees and charges in respect of sale of unredeemed goods\n\n30A Fees and charges in respect of sale of unredeemed goods\n\n> > (1) References in this Act to fees and charges in respect of the sale of pawned goods include references to fees and charges that may be deducted from the proceeds of the sale of the goods.\n> \n> > (2) The fees and charges in respect of the sale of pawned goods that may be deducted from the proceeds of the sale of the goods include—\n> > \n> > > (a) the costs of or reasonably incidental to the sale, and\n> > \n> > > (b) any receipted expenses actually incurred for the repair of the goods for the purposes of their sale,\n> > \n> > but exclude—\n> > \n> > > (c) any fees or charges relating to the repair of the goods for the purposes of their sale, apart from receipted expenses actually incurred, and\n> > \n> > > (d) such kinds of fees or charges as are prescribed by the regulations as being excluded from this subsection.\n> \n> **s 30A:** Ins 2002 No 104, Sch 1 \\[27\\]. Am 2024 No 25, Sch 6.14\\[1\\].","sortOrder":44},{"sectionNumber":"31","sectionType":"section","heading":"Application of proceeds of sale","content":"#### 31 Application of proceeds of sale\n\n31 Application of proceeds of sale\n\n> > (1) If any pawned goods are sold for more than the full amount of the principal and interest that was due at the time of the sale, the surplus proceeds of the sale must, if claimed within the period of 12 months commencing with the date of the sale, be paid on demand (orally or in writing at the business premises of the pawnbroker, or elsewhere in any manner as agreed) to—\n> > \n> > > (a) the person by or for whom the goods were pawned, or\n> > \n> > > (b) any person claiming for or under that person, or\n> > \n> > > (c) that person’s executor or administrator in the case of his or her death.\n> \n> > (2) If subsection (1) is contravened, the pawnbroker to whom the goods were pawned is guilty of an offence.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> Note.\n> \n> The expression “surplus proceeds” is defined in section 3.\n> \n> **s 31:** Subst 2002 No 104, Sch 1 \\[28\\].","sortOrder":45},{"sectionNumber":"31A","sectionType":"section","heading":"Notice as to proceeds of sale","content":"#### 31A Notice as to proceeds of sale\n\n31A Notice as to proceeds of sale\n\n> > (1) Subject to subsection (2), a pawnbroker who sells pawned goods must, before the end of the period of 21 days commencing with the date of the sale, give the person who pawned the goods a notice informing the person—\n> > \n> > > (a) of any amount that may be claimed by the person as surplus proceeds of the sale, and\n> > \n> > > (b) that the person is entitled to receive that amount from the pawnbroker at the business premises of the pawnbroker or in another manner as agreed, within 12 months after the sale.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) Subsection (1) does not apply where—\n> > \n> > > (a) the person who pawned the goods has requested the pawnbroker in writing not to send the notice under that subsection, or\n> > \n> > > (b) the amount that may be claimed is less than $50 or such other amount as may be prescribed instead.\n> \n> Note.\n> \n> The expression “surplus proceeds” is defined in section 3.\n> \n> **s 31A:** Ins 2002 No 104, Sch 1 \\[28\\]. Am 2018 No 65, Sch 7.11.","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Pawnbroker not to purchase pawned goods","content":"#### 32 Pawnbroker not to purchase pawned goods\n\n32 Pawnbroker not to purchase pawned goods\n\n> > (1) Neither a pawnbroker nor an employee or person acting on behalf of a pawnbroker is permitted to buy goods that have been pawned to and are being sold by the pawnbroker.\n> \n> > (2) In the case of a corporate pawnbroker, subsection (1) extends to apply to every director of the pawnbroker, as well as to the pawnbroker, its employees and persons acting on its behalf.\n> \n> > (3) The title conveyed by a sale in contravention of this section is not valid against the owner of the article.\n> \n> > (4) If a person purports to purchase an article in contravention of this section, the pawnbroker to whom the goods were pledged, and that person, are each guilty of an offence.\n> > \n> > Maximum penalty—50 penalty units.","sortOrder":47},{"sectionNumber":"32A","sectionType":"section","heading":"Interest charges","content":"#### 32A Interest charges\n\n32A Interest charges\n\n> > (1) If interest charges are able to be debited under a pawn agreement—\n> > \n> > > (a) at the end of the redemption period (where that period exceeds one month), or\n> > \n> > > (b) at intervals that exceed one month,\n> > \n> > the agreement must—\n> > \n> > > (c) provide an option for payment of interest charges at monthly intervals, and\n> > \n> > > (d) specify the amount payable in respect of each month or (if that amount is not known or ascertainable) the manner of calculating that amount.\n> \n> > (2) Payment of an interest charge in respect of a period (whether of one month or any other duration) may be made, by or on behalf of the person who pawned the goods, at any time during business hours during that period.\n> \n> > (3) A pawnbroker is guilty of an offence if the agreement by which goods are pawned contains a provision or condition that is inconsistent with subsection (1) or (2).\n> \n> > (4) A pawnbroker is guilty of an offence if the pawnbroker refuses to accept or retain payment of interest charges as permitted by subsection (2).\n> \n> > (5) Nothing in this section prevents the extension of a redemption period under section 29A.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 32A:** Ins 2002 No 104, Sch 1 \\[29\\].","sortOrder":48},{"sectionNumber":"32B","sectionType":"section","heading":"Interest charges and other charges after redemption period","content":"#### 32B Interest charges and other charges after redemption period\n\n32B Interest charges and other charges after redemption period\n\n> > (1) Interest is not chargeable in respect of any period after the end of the redemption period in relation to any pawned goods.\n> \n> > (2) No special fee or charge is payable for the redemption of pawned goods after the end of the redemption period, and fees and charges in respect of the safekeeping of the pawned goods must not be at a higher rate after the end of the redemption period than before.\n> \n> > (3) A pawnbroker is guilty of an offence if the agreement by which goods are pawned contains a provision or condition for the charging of interest, or the payment of a special fee or charge, in contravention of subsection (1) or (2).\n> \n> > (4) A pawnbroker is guilty of an offence if the pawnbroker charges interest in contravention of subsection (1) or accepts payment of any such interest.\n> \n> > (5) A pawnbroker is guilty of an offence if the pawnbroker imposes a special fee or charge, or a fee or charge at a higher rate, in contravention of subsection (2) or accepts payment of any such fee or charge.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 32B:** Ins 2002 No 104, Sch 1 \\[29\\]. Am 2014 No 33, Sch 1.9 \\[1\\].","sortOrder":49},{"sectionNumber":"32C","sectionType":"section","heading":"Signage to be displayed","content":"#### 32C Signage to be displayed\n\n32C Signage to be displayed\n\n> A licensee must cause a notice specifying the rate or rates of interest charged and any other fees and charges, in such form and of such appearance as may be prescribed by the regulations, to be displayed in a prominent position in each of the business premises of the licensee to which the public has access so that the notice is clearly visible to the public.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 32C:** Ins 2002 No 104, Sch 1 \\[29\\].","sortOrder":50},{"sectionNumber":"32D","sectionType":"section","heading":"Sale or transfer of business","content":"#### 32D Sale or transfer of business\n\n32D Sale or transfer of business\n\n> > (1) If a pawnbroker sells or transfers the pawnbroker’s business to a person (in this section called the purchaser), the rights and obligations of the pawnbroker in relation to each agreement by which goods are pawned to the pawnbroker are transferred to the purchaser.\n> \n> > (2) The pawnbroker must notify (in accordance with subsection (5)(a)) each person who has pawned goods to the pawnbroker under a current agreement of the transfer to the purchaser of the rights and obligations of the pawnbroker in relation to the agreement, unless the purchaser agrees in writing to give the notice.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) If the purchaser agrees to give notice as referred to in subsection (2), the purchaser must notify (in accordance with subsection (5)(b)) each person who has pawned goods to the pawnbroker under a current agreement of the transfer to the purchaser of the rights and obligations of the pawnbroker in relation to the agreement.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) For the purposes of this section—\n> > \n> > > (a) an agreement relating to pawned goods is current if—\n> > > \n> > > > (i) the goods are still able to be redeemed, or\n> > > \n> > > > (ii) the goods are in the process of being sold, or\n> > > \n> > > > (iii) any surplus proceeds of the sale of the goods are still claimable under this Act, and\n> > \n> > > (b) a reference to a pawnbroker includes a reference to a former pawnbroker.\n> \n> > (5) Notice under—\n> > \n> > > (a) subsection (2) must be given within the period of 14 days commencing with the date of the transfer or within such other period as may be prescribed by the regulations instead, and\n> > \n> > > (b) subsection (3) must be given within the period of 14 days commencing with the date the purchaser agrees under that subsection or within such other period as may be prescribed by the regulations instead.\n> \n> Note.\n> \n> The expression “surplus proceeds” is defined in section 3.\n> \n> **s 32D:** Ins 2002 No 104, Sch 1 \\[30\\].","sortOrder":51},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Disputes as to ownership of goods and restoration of goods","content":"# Part 4A Disputes as to ownership of goods and restoration of goods\n\nPart 4A Disputes as to ownership of goods and restoration of goods\n\n**pt 4A:** Ins 2002 No 104, Sch 1 \\[31\\].","sortOrder":52},{"sectionNumber":"32E","sectionType":"section","heading":"Definitions","content":"#### 32E Definitions\n\n32E Definitions\n\n> > (1) In this Part—\n> > \n> > claimant means a claimant referred to in section 32F.\n> > \n> > licensee includes a former licensee.\n> > \n> > restoration notice means a restoration notice referred to in section 32F.\n> \n> > (2) For the purposes of this Part, criminal proceedings are commenced by the laying or filing of an information, complaint or charge, or the issuing and filing of a court attendance notice, in relation to the offence concerned, or in such other manner as is referred to in the regulations.\n> \n> **s 32E:** Ins 2002 No 104, Sch 1 \\[31\\]. Am 2013 No 95, Sch 4.28 \\[2\\].","sortOrder":53},{"sectionNumber":"32F","sectionType":"section","heading":"Notice of entitlement to goods","content":"#### 32F Notice of entitlement to goods\n\n32F Notice of entitlement to goods\n\n> > (1) Application of section This section applies where—\n> > \n> > > (a) a person (in this Part called the claimant) alleges, in a written statement signed by the person and given to a police officer, that any goods in the possession of a licensee and obtained by the licensee in the course of the conduct of a licensed business—\n> > > \n> > > > (i) are the property of the claimant, and\n> > > \n> > > > (ii) have been stolen or otherwise unlawfully obtained from the claimant or have been pawned or sold to the licensee without the claimant’s authority, and\n> > \n> > > (b) the theft or other activity referred to in paragraph (a)(ii) has been reported to a police officer on an earlier occasion, and\n> > \n> > > (c) the claimant produces to a police officer written documentary evidence, or a statutory declaration made by the claimant, that appears to the officer to contain evidence or statements acceptable to the officer for the purpose of substantiating the claimant’s title to the goods, and\n> > \n> > > (d) the police officer to whom the evidence or statutory declaration is produced has no reason to suspect that any of the evidence or statements is false or misleading in a material particular.\n> \n> > (2) Restoration notice A police officer may serve on the licensee a notice (in this Part called a restoration notice) stating that the goods must be delivered to the claimant within the required period unless within that period the licensee commences proceedings under section 32G or other civil or criminal proceedings have been commenced and are pending in relation to the goods.\n> \n> > (3) The restoration notice must contain such particulars and information, and be accompanied by such material, as may be prescribed by the regulations.\n> \n> > (4) Duty of licensee The licensee must, within the required period—\n> > \n> > > (a) deliver the goods to the person specified in the restoration notice or, if the licensee is unable to do so because the licensee cannot locate the person or for any other reason, to a police officer, or\n> > \n> > > (b) make an application under section 32G in relation to the goods,\n> > \n> > unless other civil or criminal proceedings have been commenced and are pending in relation to the goods.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (5) If—\n> > \n> > > (a) a licensee does not comply with subsection (4) in relation to the goods because other proceedings are pending in relation to the goods, and\n> > \n> > > (b) the other proceedings are discontinued before judgment is given,\n> > \n> > subsection (4) applies to the goods as from the date on which the proceedings are discontinued.\n> \n> > (6) Restoration notice ceasing to be operative Subsection (4) ceases to apply to goods if the restoration notice ceases to be operative.\n> \n> > (7) The regulations may make provision for or with respect to prescribing circumstances in which a restoration notice ceases to be operative or prescribing procedures compliance with which renders a restoration notice inoperative.\n> \n> > (8) Definition In this section—\n> > \n> > required period means whichever of the following is relevant—\n> > \n> > > (a) the period of 28 days starting with the day on which a restoration notice is served on a licensee, or\n> > \n> > > (b) the period of 28 days starting with the day on which the other proceedings referred to in subsection (5) are discontinued.\n> \n> **s 32F:** Ins 2002 No 104, Sch 1 \\[31\\]. Am 2003 No 82, Sch 1.23 \\[2\\].","sortOrder":54},{"sectionNumber":"32G","sectionType":"section","heading":"Proceedings before Tribunal for recovery of goods","content":"#### 32G Proceedings before Tribunal for recovery of goods\n\n32G Proceedings before Tribunal for recovery of goods\n\n> > (1) Application to Tribunal A licensee may apply to the Tribunal for an order under this section where a restoration notice has been served on the licensee in relation to any goods in the possession of the licensee.\n> \n> > (2) Production of goods and appearance of interested persons The Tribunal may make an order requiring production of the goods and the appearance before the Tribunal of any person who appears to the Tribunal to have a claim of ownership of, or rights in respect of, the goods.\n> \n> > (3) Order of Tribunal The Tribunal may—\n> > \n> > > (a) make an order for the delivery of the goods to the person who appears to be the rightful owner of the goods, or\n> > \n> > > (b) if the rightful owner cannot be ascertained or located—make any order with respect to the goods the Tribunal thinks fit, or\n> > \n> > > (c) if the goods appear to have been pawned to the licensee by the rightful owner or with the rightful owner’s authority—make an order for the delivery of the goods to the licensee.\n> \n> > (4) Alternative order Instead of making an order under subsection (3)(a), the Tribunal may—\n> > \n> > > (a) make an order for the delivery of the goods to the person who appears to be the rightful owner of the goods, but giving the licensee the option of retaining the goods and paying that person the value of the goods, as assessed by the Tribunal, or\n> > \n> > > (b) make an order for payment to the person who appears to be the rightful owner of the value of the goods, as assessed by the Tribunal.\n> \n> > (5) Provisions relating to orders Relief under subsection (3)(a) is at the discretion of the Tribunal, but the designated rightful owner may choose between the forms of relief under subsection (4).\n> \n> > (6) If the Tribunal makes an order under subsection (4)(a), the Tribunal may, on the application of the designated rightful owner, subsequently make an order for the delivery of the goods to the designated rightful owner without giving the licensee the option of retaining the goods and paying their assessed value.\n> \n> > (7) Order for payment of money The Tribunal may make an order for the payment (as compensation or otherwise) to or by the licensee of an amount of money as determined by the Tribunal at or by the time stated in the order.\n> \n> > (8) Without limiting subsection (7), the Tribunal may make an order under that subsection for the payment to the licensee, by the person by or on whose behalf the goods were pawned, of the whole or a part of the amount of money determined by the Tribunal to be payable to the licensee had the goods been redeemed at a particular time.\n> \n> > (9) Claimant is party to proceedings The claimant is the respondent in proceedings for an order applied for under this section. This subsection does not affect any power of the Tribunal to direct that a person be joined as an applicant or respondent in relation to the proceedings.\n> \n> > (10) Enforcement of orders The procedural rules under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) may make provision for or with respect to the manner in which an order under this section may be enforced or satisfied. This subsection does not affect any power of enforcement conferred by or under that Act and does not affect any power to make procedural rules under that Act.\n> \n> > (11) Definition In this section—\n> > \n> > designated rightful owner means the person who appears to the Tribunal to be the rightful owner.\n> \n> **s 32G:** Ins 2002 No 104, Sch 1 \\[31\\]. Am 2013 No 95, Sch 4.28 \\[3\\] \\[4\\].","sortOrder":55},{"sectionNumber":"32H","sectionType":"section","heading":"Retention of goods covered by restoration notice","content":"#### 32H Retention of goods covered by restoration notice\n\n32H Retention of goods covered by restoration notice\n\n> > (1) If a restoration notice is served on a licensee in possession of the goods to which the notice relates, the licensee must not—\n> > \n> > > (a) alter the form of the goods, sell them or grant any rights over them, or\n> > \n> > > (b) cause or allow them to be altered, sold or have any rights granted over them, or\n> > \n> > > (c) cause or allow them to be redeemed or removed,\n> > \n> > except—\n> > \n> > > (d) with the consent of the claimant, or\n> > \n> > > (e) in accordance with the regulations.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) Subsection (1) ceases to have effect in relation to the goods concerned—\n> > \n> > > (a) when the goods are delivered to the claimant, or\n> > \n> > > (b) when the restoration notice ceases to be operative, or\n> > \n> > > (c) when the Tribunal or a court makes an order relating to the delivery of the goods or the ownership or entitlement to possession of the goods or an order declaring that the goods are not the property of the claimant.\n> \n> > (3) This section does not affect the operation of section 21.\n> \n> **s 32H:** Ins 2002 No 104, Sch 1 \\[31\\].","sortOrder":56},{"sectionNumber":"32I","sectionType":"section","heading":"Role of courts","content":"#### 32I Role of courts\n\n32I Role of courts\n\n> > (1) The Local Court does not have jurisdiction to determine an action for the detention of goods brought by a claimant in connection with goods that are in the possession of a licensee and to which a restoration notice relates, unless—\n> > \n> > > (a) the regulations otherwise provide, or\n> > \n> > > (b) the Tribunal does not have jurisdiction to hear and determine an application for an order under section 32G in relation to the goods, or\n> > \n> > > (c) the Tribunal has directed that proceedings to hear and determine such an application be stayed on the ground that the Tribunal does not have jurisdiction to make an order as sought because of monetary limits on the jurisdiction of the Tribunal.\n> \n> > (2) If proceedings for the recovery of pawned goods are commenced in any other court, that other court may, without affecting any power vested in it, hear and determine the proceedings in accordance with that section.\n> \n> **s 32I:** Ins 2002 No 104, Sch 1 \\[31\\]. Am 2005 No 28, Sch 5.38; 2007 No 94, Sch 1.77.","sortOrder":57},{"sectionNumber":"32J","sectionType":"section","heading":"Role of authorised officers","content":"#### 32J Role of authorised officers\n\n32J Role of authorised officers\n\n> > (1) An authorised officer may act on behalf of a claimant for the purposes of this Part.\n> \n> > (2) It is the duty of an authorised officer (other than a police officer) to whom a claimant resorts for assistance in pursuance of the claimant’s rights under this Part or otherwise in connection with any goods in the possession of a licensee to assist the claimant to the greatest practicable extent by acting on his or her behalf as permitted by this Part and by the exercise, in pursuit of the claimant’s rights, of any other powers conferred on the officer by or under this Act.\n> \n> > (3) The regulations may make provision for or with respect to the handling and disposition of goods delivered to an authorised officer under section 32F(4).\n> \n> **ss 32J–32L:** Ins 2002 No 104, Sch 1 \\[31\\].","sortOrder":58},{"sectionNumber":"32K","sectionType":"section","heading":"False or misleading allegation or evidence","content":"#### 32K False or misleading allegation or evidence\n\n32K False or misleading allegation or evidence\n\n> > (1) A person must not make an allegation to a police officer for the purposes of section 32F knowing that, or being reckless as to whether or not, the allegation is false or misleading in a material particular.\n> \n> > (2) A person must not produce to a police officer any evidence for the purposes of section 32F that the person knows is false or misleading in a material particular.\n> \n> Maximum penalty—50 penalty units.\n> \n> **ss 32J–32L:** Ins 2002 No 104, Sch 1 \\[31\\].","sortOrder":59},{"sectionNumber":"32L","sectionType":"section","heading":"Signage to be displayed","content":"#### 32L Signage to be displayed\n\n32L Signage to be displayed\n\n> A licensee must cause a notice relating to the operation of this Part in the form and of the appearance prescribed by the regulations to be displayed in a prominent position in each of the business premises of the licensee to which the public has access so that the notice is clearly visible to the public.\n> \n> Maximum penalty—20 penalty units.\n> \n> **ss 32J–32L:** Ins 2002 No 104, Sch 1 \\[31\\].","sortOrder":60},{"sectionNumber":"32M","sectionType":"section","heading":"Directions by court for restoration of goods","content":"#### 32M Directions by court for restoration of goods\n\n32M Directions by court for restoration of goods\n\n> > (1) A court that, in any criminal proceedings—\n> > \n> > > (a) finds that any goods have been stolen or that possession of any goods has been taken unlawfully, and\n> > \n> > > (b) believes that the goods are in the possession of a licensee,\n> > \n> > must, unless it is satisfied in a particular case that there is good reason why such a direction should not be given, by order direct the Commissioner of Police or a police officer specified in the direction to take the goods into police custody.\n> \n> > (2) It is the duty of the Commissioner of Police or police officer concerned to comply with the direction without delay.\n> \n> > (3) Part 17 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to the goods of which possession is taken in compliance with the direction of a court under this section.\n> \n> > (4) The power conferred on a court by this section is in addition to any other power or discretion vested in it.\n> \n> Note.\n> \n> Section 43 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) also empowers courts to order restoration of property in criminal proceedings.\n> \n> **s 32M:** Ins 2002 No 104, Sch 1 \\[31\\] (am 2002 No 104, Sch 1 \\[50\\]). Am 2014 No 33, Sch 1.9 \\[2\\] \\[3\\].","sortOrder":61},{"sectionNumber":"Part 5","sectionType":"part","heading":"Revocation, suspension and variation of licences","content":"# Part 5 Revocation, suspension and variation of licences\n\nPart 5 Revocation, suspension and variation of licences","sortOrder":62},{"sectionNumber":"33","sectionType":"section","heading":"Revocation of licence as a consequence of offence","content":"#### 33 Revocation of licence as a consequence of offence\n\n33 Revocation of licence as a consequence of offence\n\n> > (1) The finding of a court that a licensee is guilty of an offence under any of sections 188, 189 and 189A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) (which deal with receiving stolen goods) revokes the licensee’s licence, unless the court making the finding determines that, in the particular circumstances of the case, the licence ought to remain in force.\n> \n> > (2) A court by which a licensee is convicted of an offence involving dishonesty (other than an offence referred to in subsection (1)) or an offence against this Act may, in addition to any other penalty imposed for the offence, by order revoke or suspend the licensee’s licence.\n> \n> > (3) A court by whose conviction or order a licence is revoked may specify a period during which the licensee cannot be granted a further licence, and such a specification precludes the grant of a licence during that period.\n> \n> > (4) A court by whose conviction or order a licence is revoked or suspended may, where the licensed business consisted of or included pawnbroking, make such order as it thinks fit in relation to the redemption of goods held in the course of that business.\n> \n> > (5) A court may, if it thinks fit, defer the operation of any order under this section pending an appeal against the relevant conviction.\n> \n> > (6) Without affecting any other right of appeal, the order of a court under this section is appellable as if it were, or were part of, an order imposing a penalty in respect of the relevant conviction.\n> \n> > (7) The registrar or clerk of a court by which an order has been made under this section is required without delay to give notice of the order to the Secretary.\n> \n> **s 33:** Am 2000 No 93, Sch 2.36 \\[1\\] \\[2\\].","sortOrder":63},{"sectionNumber":"33A","sectionType":"section","heading":"Duty of licensee to report certain offences","content":"#### 33A Duty of licensee to report certain offences\n\n33A Duty of licensee to report certain offences\n\n> > (1) If a licensee is convicted in New South Wales or elsewhere of an offence involving dishonesty, the licensee must notify the Secretary in writing of the conviction within the period of 28 days commencing with the date of the conviction.\n> \n> > (2) If an employee of a licensee is convicted of an offence involving dishonesty, the licensee must notify the Secretary in writing of the conviction within the period of 28 days commencing with the date on which the licensee became aware of the conviction.\n> \n> > (3) It is a defence if the licensee establishes that the licensee believed on reasonable grounds that the Secretary was already aware of the details of the conviction.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 33A:** Ins 2002 No 104, Sch 1 \\[32\\].","sortOrder":64},{"sectionNumber":"34","sectionType":"section","heading":"Notices to show cause why licence should not be revoked","content":"#### 34 Notices to show cause why licence should not be revoked\n\n34 Notices to show cause why licence should not be revoked\n\n> > (1) The Secretary may serve a notice on any licensee—\n> > \n> > > (a) who has become bankrupt or, in the case of a corporate licensee, which is in the course of being wound up, or is under official management or has entered into a scheme of arrangement with its creditors, or\n> > \n> > > (b) who, in the opinion of the Secretary, made false or misleading statements in or in connection with an application for the licence, or an application for renewal of the licence, that the licensee obtained, or\n> > \n> > > (c) who, or one of whose employees, has contravened a provision of this Act or any other Act administered by the Minister, or the regulations under any such Act, whether or not the licensee or employee has been prosecuted for or convicted of an offence in respect of the contravention, or\n> > \n> > > (c1) who, or one of whose employees, has been convicted of an offence involving dishonesty that was recorded since the licensee’s licence was issued or last renewed (whichever is the later), or\n> > \n> > > (d) who has employed or continues to employ, in connection with the licensee’s business, a person who the licensee knows is disqualified by this Act from holding a licence, or\n> > \n> > > (e) being a corporate licensee, one of whose directors is disqualified from holding a licence, or\n> > \n> > > (f) who the Secretary considers, in light of evidence acceptable to the Secretary, is probably receiving or dealing in stolen goods, or\n> > \n> > > (g) who has incurred a number of demerit points as referred to in section 27(3), or\n> > \n> > > (h) who has failed to comply with a condition of the licence, or\n> > \n> > > (i) who the Secretary considers, in light of evidence acceptable to the Secretary, is carrying on the licensed business in a dishonest or unfair manner, or\n> > \n> > > (j) who in any other manner has become a disqualified person,\n> > \n> > requiring the licensee to show cause, within a time (not less than 14 days) limited by the notice, why the licensee’s licence should not be revoked.\n> \n> > (2) A notice issued in accordance with subsection (1)(c), (c1), (d) or (e) must name the employee or director concerned.\n> \n> > (3) By way of example of the operation of subsection (1)(f), the Secretary may consider that a licensee—\n> > \n> > > (a) in whose custody stolen goods are found, or\n> > \n> > > (b) who, in a particular length of time, buys or takes as security from the same person (not being another licensee) one or more types of household item in quantities exceeding what an ordinary householder might reasonably be expected to have acquired during that length of time,\n> > \n> > is probably receiving or dealing in stolen goods.\n> \n> **s 34:** Am 1998 No 24, Sch 1 \\[16\\]; 2002 No 104, Sch 1 \\[33\\]–\\[35\\].","sortOrder":65},{"sectionNumber":"35","sectionType":"section","heading":"Licensee may adduce evidence","content":"#### 35 Licensee may adduce evidence\n\n35 Licensee may adduce evidence\n\n> A licensee to whom a notice under section 34 is addressed may, within the time limited by the notice, make a written submission and adduce evidence in relation to the matters raised by the notice.","sortOrder":66},{"sectionNumber":"36","sectionType":"section","heading":"Disciplinary action by Secretary","content":"#### 36 Disciplinary action by Secretary\n\n36 Disciplinary action by Secretary\n\n> > (1) The Secretary may undertake such inquiry and investigation in relation to the matters to which a notice under section 34 relates, and any submissions made and evidence adduced by or on behalf of the licensee in relation to those matters, as the Secretary thinks fit. If, after such inquiry and investigation, the Secretary is satisfied on the balance of probabilities that the ground of any notice under section 34 has been substantiated against the licensee, the Secretary may—\n> > \n> > > (a) revoke the licence, or suspend it for such portion of the remainder of its duration as the Secretary thinks fit, or\n> > \n> > > (b) attach one or more conditions to it, or\n> > \n> > > (c) determine that the licence is not to be renewed, or that a licence is not to be granted to the same licensee in future, unless one or more conditions are attached to it on grant or renewal.\n> \n> > (1A) Despite subsection (1), the Secretary must revoke the licence if satisfied that the licensee has become a disqualified person because of section 8A(2A).\n> \n> > (2) Without limiting the generality of subsection (1)(b), the Secretary may specify, as a condition to be imposed in accordance with that paragraph in respect of the licence of a corporate licensee, that a particular director or officer of the corporation must not (either for a specified period or permanently, as the Secretary may determine) be concerned in the management of the licensed business.\n> \n> > (3) The Secretary, on revoking a licence, may specify a period during which the licensee cannot be granted a further licence, and such a specification precludes the grant of a licence during that period.\n> \n> > (4) (Repealed)\n> \n> > (5) The Secretary may make orders requiring the licensee to pay such amounts as the Secretary determines by way of costs in relation to disciplinary proceedings under this section that resulted in action being taken in respect of the licensee’s licence. Such an order is to be filed in the Tribunal and is enforceable in the same way as an order or other decision of the Tribunal.\n> \n> **s 36:** Am 1999 No 31, Sch 1.30 \\[2\\]; 2002 No 53, Sch 2.22; 2002 No 104, Sch 1 \\[36\\]; 2009 No 23, Sch 3.6 \\[6\\]; 2013 No 95, Sch 4.28 \\[5\\].","sortOrder":67},{"sectionNumber":"36A","sectionType":"section","heading":"Disciplinary action against former licensees","content":"#### 36A Disciplinary action against former licensees\n\n36A Disciplinary action against former licensees\n\n> > (1) Service of show cause notices on former licensees (application of section 34) The provisions of section 34 apply to a former licensee in the same way as they apply to a licensee, but not in respect of matters that occurred or came into being after the person ceased to be a licensee.\n> \n> > (2) However, a notice may only be served under section 34 (as applied by this section) on a person who has held a licence within the period of 12 months ending with the date of service of the notice.\n> \n> > (3) Former licensee may adduce evidence (application of section 35) The provisions of section 35 apply to a former licensee on whom—\n> > \n> > > (a) a notice has been served under section 34 when the person was a licensee, or\n> > \n> > > (b) a notice has been served under section 34 (as applied by this section) after the person ceased to be a licensee,\n> > \n> > in the same way as they apply to a licensee.\n> \n> > (4) Disciplinary action by Secretary against former licensee (provisions corresponding to section 36) The Secretary may undertake such inquiry and investigation in relation to the matters to which any such notice relates, and any submissions made and evidence adduced by or on behalf of the former licensee in relation to those matters, as the Secretary thinks fit.\n> \n> > (5) If, after such inquiry and investigation, the Secretary is satisfied on the balance of probabilities that the ground of any such notice has been substantiated against the former licensee, the Secretary may make either or both of the following determinations—\n> > \n> > > (a) a determination that a licence is not to be granted to the former licensee for a specified period,\n> > \n> > > (b) a determination that a licence is not to be granted to the former licensee, or that a licence held by the former licensee is not to be renewed, in future unless one or more specified conditions are attached to it.\n> \n> > (6) A determination under subsection (5)(a) precludes the grant of a licence to the former licensee for the specified period.\n> \n> > (7) Continuation under this section if person ceases to be licensed If—\n> > \n> > > (a) a notice has been served under section 34 on a person who was a licensee when the notice was served, and\n> > \n> > > (b) the person ceases to be licensed before the matters raised by the notice are finalised,\n> > \n> > the matters may continue to be dealt with under this Part, as if anything done or omitted to be done under sections 34–36 in relation to the person as a licensee had been done or omitted to be done under this section in relation to the person as a former licensee.\n> \n> **s 36A:** Ins 2002 No 104, Sch 1 \\[37\\].","sortOrder":68},{"sectionNumber":"36B","sectionType":"section","heading":"Decision to take no further action","content":"#### 36B Decision to take no further action\n\n36B Decision to take no further action\n\n> The Secretary may, at any stage of a matter that is the subject of consideration by the Secretary under this Part, determine to take no further action in respect of the matter, whether or not the matter is the subject of a notice under section 34 (or that section as applied by section 36A) and whether or not the Secretary determines that the ground of any such notice has been substantiated.\n> \n> **s 36B:** Ins 2002 No 104, Sch 1 \\[38\\].","sortOrder":69},{"sectionNumber":"37","sectionType":"section","heading":"Surrender of licence","content":"#### 37 Surrender of licence\n\n37 Surrender of licence\n\n> When a licence is revoked, the licensee must immediately surrender it to the Secretary.\n> \n> Maximum penalty—10 penalty units.","sortOrder":70},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":71},{"sectionNumber":"38","sectionType":"section","heading":"Dealings that give rise to presumption of carrying on business","content":"#### 38 Dealings that give rise to presumption of carrying on business\n\n38 Dealings that give rise to presumption of carrying on business\n\n> > (1) In any proceedings under or arising from this Act, a person who, on more than 6 days in any period of 12 months, sold any second-hand goods, is presumed to be carrying on a business of buying or selling second-hand goods, but the presumption may be displaced by evidence that satisfies the court to the contrary.\n> \n> > (2) For the purposes of subsection (1), it does not matter whether the second-hand goods were sold from a shop, market stall or other premises occupied permanently, regularly or on occasion, or from residential premises, or from a vehicle or water-going vessel or by an itinerant.\n> \n> > (3) This section operates without prejudice to any other means of proving, for the purposes of any proceedings, that a person is carrying on a business of buying or selling second-hand goods.\n> \n> **s 38:** Am 2002 No 104, Sch 1 \\[39\\].","sortOrder":72},{"sectionNumber":"38A","sectionType":"section","heading":"Redemption of pawned goods if licence revoked, suspended, surrendered or not renewed","content":"#### 38A Redemption of pawned goods if licence revoked, suspended, surrendered or not renewed\n\n38A Redemption of pawned goods if licence revoked, suspended, surrendered or not renewed\n\n> > (1) If a licence is—\n> > \n> > > (a) revoked or suspended by the Secretary, or\n> > \n> > > (b) surrendered or not renewed,\n> > \n> > the Secretary may, where the licensed business concerned consisted of or included pawnbroking, make such order as the Secretary thinks fit in relation to the redemption of the goods held in the course of that business.\n> \n> > (2) Without limiting subsection (1), an order under this section may require a specified person to cause possession of goods to be given to a person entitled to redeem them at specified premises.\n> \n> > (3) The specified person is, by force of this section, empowered—\n> > \n> > > (a) to comply with the order even though the person is not or is no longer authorised to conduct a business consisting of or including pawnbroking at the specified premises, or\n> > \n> > > (b) to comply with the order even though the person is not or is no longer authorised to conduct a business consisting of or including pawnbroking anywhere in the State.\n> \n> > (4) An order under this section has effect despite any other provision of this Act or the regulations.\n> \n> > (5) A person must not, without reasonable excuse, fail to comply with an order made under this section.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 38A:** Ins 2002 No 104, Sch 1 \\[40\\].","sortOrder":73},{"sectionNumber":"39","sectionType":"section","heading":"Administrative reviews of decisions of Secretary","content":"#### 39 Administrative reviews of decisions of Secretary\n\n39 Administrative reviews of decisions of Secretary\n\n> > (1) An applicant for a licence or for renewal of a licence whose application has been refused may apply to the Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the refusal.\n> \n> > (1A) On an application under subsection (1) for an administrative review of a decision of the Secretary refusing to grant a licence to a person because the person is disqualified under section 8A(2)(a) or (3)(a)—\n> > \n> > > (a) the Tribunal may determine that the fact that the person committed the offence concerned should be ignored on one or more of the grounds referred to in section 8A(4), and\n> > \n> > > (b) the licence may be granted accordingly.\n> \n> > (1B) In determining an application for an administrative review of any decision of the Secretary to refuse to grant a licence to a person because the person is disqualified under section 8A(2A) or revoking a licence because the person has become disqualified under section 36(1A), the Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002))—\n> > \n> > > (a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any criminal intelligence, and\n> > \n> > > (b) in order to prevent the disclosure of any criminal intelligence, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review and the applicant’s representative and any other interested party,\n> > \n> > unless the Commissioner of Police approves otherwise.\n> \n> > (2) A licensee whose licence has been revoked or suspended by the Secretary, or on whose licence a condition has been imposed (whether on grant or renewal of the licence or otherwise) may apply to the Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the revocation, suspension or imposition.\n> \n> **s 39:** Subst 1998 No 48, Sch 2.16 \\[3\\]. Am 2002 No 104, Sch 1 \\[41\\]; 2009 No 23, Sch 3.6 \\[7\\]; 2013 No 95, Sch 2.110 \\[1\\]–\\[4\\].","sortOrder":74},{"sectionNumber":"39A","sectionType":"section","heading":"Delegation","content":"#### 39A Delegation\n\n39A Delegation\n\n> The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to—\n> \n> > (a) any person employed in the Department of Customer Service, or\n> \n> > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.\n> \n> **s 39A:** Ins 2017 No 22, Sch 1.15. Am 2022 No 59, Sch 3.50.","sortOrder":75},{"sectionNumber":"40","sectionType":"section","heading":"Proceedings for offences","content":"#### 40 Proceedings for offences\n\n40 Proceedings for offences\n\n> > (1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.\n> \n> > (2) Any such proceedings may be commenced at any time within 12 months after the date on which the offence was allegedly committed.\n> \n> **s 40:** Am 2001 No 121, Sch 2.162 \\[2\\]; 2007 No 94, Sch 2.","sortOrder":76},{"sectionNumber":"40A","sectionType":"section","heading":"Offences by corporations","content":"#### 40A Offences by corporations\n\n40A Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each executive officer of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the act or omission constituting the offence.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.\n> \n> > (3) Nothing in subsection (1) prejudices or affects any liability imposed by a provision of this Act or the regulations on any corporation by which an offence against the provision is actually committed.\n> \n> **s 40A:** Ins 2002 No 104, Sch 1 \\[42\\].","sortOrder":77},{"sectionNumber":"41","sectionType":"section","heading":"Forfeiture of goods dealt with by unlicensed persons","content":"#### 41 Forfeiture of goods dealt with by unlicensed persons\n\n41 Forfeiture of goods dealt with by unlicensed persons\n\n> > (1) A court by which a person is convicted of an offence under section 6 or 7 may, in addition to any other penalty imposed for the offence, make either or both of the following orders—\n> > \n> > > (a) an order that any specified goods to which the offence relates be forfeited to the Crown,\n> > \n> > > (b) an order that the person pay to the Crown an amount assessed by the court to be an amount equal to the proceeds derived by the person from the commission of the offence.\n> \n> > (2) Before making such an order, the court may require notice to be given to, and may hear, such persons as the court thinks fit.\n> \n> > (3) For the purpose of making an order against a person under subsection (1)(b), the court may determine that proceeds derived by the person from the commission of the offence include the value, as assessed by the court, of an interest in real or personal property acquired by the person by the application of such proceeds.\n> \n> > (4) Without affecting any other right of appeal, an order under subsection (1)(a) in relation to any goods is appellable at the suit of any person who has an interest in the goods—\n> > \n> > > (a) in the case of a person convicted of the offence, in the same manner as if the order were, or were part of, an order imposing a penalty in respect of the offence, or\n> > \n> > > (b) in any other case, in the same manner as if the person had been convicted of an offence to which this section applies and the order were, or were part of, an order imposing a penalty in respect of the offence.\n> \n> > (5) Without affecting any other right of appeal, an order under subsection (1)(b) is appellable in the same manner as if it were, or were part of, an order imposing a penalty in respect of the offence.\n> \n> > (6) The court to which an appeal is made against an order under subsection (1)(a) may, pending the hearing and determination of the appeal, make such orders as it thinks fit for the custody of the goods the subject of the order.\n> \n> > (7) On appeal, an order under this section may be confirmed, revoked or varied.\n> \n> > (8) An order under subsection (1)(b) may, by leave of the court by which it was made, be enforced, irrespective of the amount ordered to be paid, as if it were a judgment in a civil matter given by that court.","sortOrder":78},{"sectionNumber":"42","sectionType":"section","heading":"Provision of information","content":"#### 42 Provision of information\n\n42 Provision of information\n\n> > (1) It is the duty of a police officer in charge of any record or information, access to which by the Secretary is reasonably necessary for the proper exercise of any function of the Secretary under this Act, to supply that record or information to the Secretary on request, and every police officer is by this section authorised to do so.\n> \n> > (2) It is the duty of the Secretary to supply to the Commissioner of Police, or any police officer or person employed in the NSW Police Force who is authorised by the Commissioner of Police for the purposes of this section, such information relating to licences and other matters as may be reasonably necessary for the performance by police officers of their duties under this Act.\n> \n> **s 42:** Am 2011 No 62, Sch 3.23.","sortOrder":79},{"sectionNumber":"42A","sectionType":"section","heading":"Service of documents","content":"#### 42A Service of documents\n\n42A Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on a person may be served by the following methods—\n> > \n> > > (a) for an individual—by personal delivery to the person,\n> > \n> > > (b) by post to the address specified by the person for the service of documents of that kind,\n> > \n> > > (c) for an individual who has not specified an address for service by post—by post to the residential or business address of the person last known to the person serving the document,\n> > \n> > > (d) for a corporation—by post to the registered or other office of the corporation or by leaving the document at the office with a person apparently over the age of 16 years,\n> > \n> > > (e) by email to an email address specified by the person for the service of documents of that kind,\n> > \n> > > (f) by other electronic means to an address or location specified by the person for the service of documents of that kind,\n> > \n> > > (g) by another method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of a provision of a law or of the rules of a court authorising a document to be served on a person by another method.\n> \n> > (3) In this section—\n> > \n> > serve includes give or send.\n> \n> **s 42A:** Ins 2024 No 25, Sch 6.14\\[2\\].","sortOrder":80},{"sectionNumber":"43","sectionType":"section","heading":"Regulations","content":"#### 43 Regulations\n\n43 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. In particular, regulations may be made for or with respect to the following—\n> > \n> > > (a) the rights and obligations of the parties and the procedure to be followed when pawn tickets are lost, stolen or destroyed,\n> > \n> > > (a1) the documents or information that must accompany an application for the issue or renewal of a licence,\n> > \n> > > (b) the replacement of licences that are lost, stolen or destroyed,\n> > \n> > > (c) the recognition of licences issued in other Australian jurisdictions,\n> > \n> > > (c1) the carrying on of a business as a second-hand dealer or pawnbroker or both,\n> > \n> > > (d) the carrying on of a licensed business by legal personal representatives or trustees of the licensee,\n> > \n> > > (e) the electronic transmission, between the Secretary and the Commissioner of Police, of information relevant to the administration of this Act,\n> > \n> > > (f) the electronic transmission, by a pawnbroker or licensee to the Commissioner of Police, of information required by or under this Act to be furnished to the Commissioner,\n> > \n> > > (g) fees chargeable for any service provided by the Secretary under this Act or the regulations,\n> > \n> > > (g1) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,\n> > \n> > > (h) (Repealed)\n> > \n> > > (i) exemptions for classes of persons from the operation of this Act or specified provisions of this Act, either unconditionally or subject to conditions.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.\n> \n> > (3) The regulations may specify monetary limits on the jurisdiction of the Civil and Administrative Tribunal to hear and determine applications under section 32G or on the jurisdiction of the Tribunal to make orders under that section, whether or not by reference to—\n> > \n> > > (a) the value of the goods concerned (as assessed in accordance with the regulations), or\n> > \n> > > (b) in the case of pawned goods—the amount of the principal lent on the goods, or\n> > \n> > > (c) an amount that is the subject of a proposed order of the Tribunal.\n> > \n> > Any such limits have effect despite anything in any other Act or regulation under any other Act.\n> \n> > (4) Section 4(2) does not limit the power to make regulations under subsection (1)(i) of this section.\n> \n> **s 43:** Am 1998 No 24, Sch 1 \\[17\\]; 2002 No 104, Sch 1 \\[43\\]–\\[46\\]; 2013 No 95, Sch 4.28 \\[6\\]; 2020 No 3, Sch 1.23\\[1\\]; 2020 No 25, Sch 6.1\\[2\\]; 2024 No 25, Sch 6.14\\[3\\].","sortOrder":81},{"sectionNumber":"44","sectionType":"section","heading":"Disclosure or use of personal information by licensees and others","content":"#### 44 Disclosure or use of personal information by licensees and others\n\n44 Disclosure or use of personal information by licensees and others\n\n> > (1) A person who is or was involved in the management of a licensed business must not disclose any information, about a person or a person’s affairs, obtained under this Act or the regulations in the course of conducting the licensed business, unless that disclosure is made—\n> > \n> > > (a) with the consent of the person from or about whom the information was obtained, or\n> > \n> > > (b) to any other person involved in the management of the licensed business, or\n> > \n> > > (c) in connection with the administration or execution of this Act, or\n> > \n> > > (d) to a regulatory officer or law enforcement officer, for the purpose of assisting the officer in the exercise of the officer’s functions, or\n> > \n> > > (e) for the purposes of any legal proceedings, or\n> > \n> > > (f) as authorised by regulations made for the purposes of this subsection, or\n> > \n> > > (g) as otherwise authorised by or under this Act, or\n> > \n> > > (h) with other lawful excuse.\n> \n> > (2) This section is in addition to, and does not affect, any other law relating to the confidentiality or disclosure of information.\n> \n> > (3) For the purposes of this section, a person is or was involved in the management of a licensed business if the person is or was—\n> > \n> > > (a) the licensee in respect of the licensed business, or\n> > \n> > > (b) an employee of the licensee, or\n> > \n> > > (c) in the case of a corporate licensee—an executive officer of the corporation, or\n> > \n> > > (d) a person of a class or description prescribed by the regulations.\n> \n> > (4) In this section—\n> > \n> > law enforcement officer means—\n> > \n> > > (a) a member of the NSW Police Force, the Australian Federal Police or the police or police force of another State or Territory, or\n> > \n> > > (b) the Director of Public Prosecutions, or a Crown Prosecutor, of the State, the Commonwealth or another State or Territory, or\n> > \n> > > (c) any other person, or officer of an authority, responsible for the investigation or prosecution of offences under laws of the State, the Commonwealth or another State or Territory.\n> > \n> > regulatory officer means an officer or employee of a government agency (including the government of a jurisdiction within or outside Australia) exercising functions under—\n> > \n> > > (a) an enactment with respect to fair trading, or\n> > \n> > > (b) an enactment that provides for the issue of licences or other authorities in connection with the undertaking of an activity regulated under the enactment.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 44:** Rep 1999 No 85, Sch 4. Ins 2002 No 104, Sch 1 \\[47\\]. Am 2006 No 94, Sch 3.22.","sortOrder":82},{"sectionNumber":"44A","sectionType":"section","heading":"No contracting out of Act","content":"#### 44A No contracting out of Act\n\n44A No contracting out of Act\n\n> > (1) A provision in or condition of an agreement or arrangement is of no effect to the extent that it would operate to exclude, modify or restrict the operation of this Act or any provision of this Act.\n> \n> > (2) A licensee must not enter into an agreement or arrangement if a provision in or condition of the agreement or arrangement would (but for subsection (1)) operate to exclude, modify or restrict the operation of this Act or any provision of this Act.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 44A:** Ins 2002 No 104, Sch 1 \\[48\\].","sortOrder":83},{"sectionNumber":"44B","sectionType":"section","heading":"No contracting out of liability for loss or damage","content":"#### 44B No contracting out of liability for loss or damage\n\n44B No contracting out of liability for loss or damage\n\n> A provision in or condition of an agreement or arrangement (entered into in the course of a licensed business) in relation to the liability of the licensee for the loss of, or damage to, goods in the possession of but not owned by the licensee is of no effect if it is less favourable to the owner of the goods than the common law.\n> \n> **s 44B:** Ins 2002 No 104, Sch 1 \\[48\\].","sortOrder":84},{"sectionNumber":"45","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 45 Savings and transitional provisions\n\n45 Savings and transitional provisions\n\n> Schedule 2 has effect.","sortOrder":85},{"sectionNumber":"46","sectionType":"section","heading":"Review of Act","content":"#### 46 Review of Act\n\n46 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":86},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 1999 No 85, Sch 4.","sortOrder":87},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 45)\n\n**sch 2:** Am 1998 No 24, Sch 1 \\[18\\]–\\[22\\]; 2002 No 104, Sch 1 \\[49\\] \\[50\\]; 2005 No 62, Sch 1 \\[4\\]; 2009 No 23, Sch 3.6 \\[8\\]; 2018 No 65, Sch 2.10\\[5\\]; 2020 No 3, Sch 1.23\\[2\\]; 2020 No 25, Sch 6.1\\[3\\].","sortOrder":88},{"sectionNumber":"23","sectionType":"section","heading":"Definitions","content":"#### 23 Definitions\n\n23 Definitions\n\n> In this Part—\n> \n> amendment Act means the [Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020](/view/html/repealed/current/act-2020-003).\n> \n> relevant period means the period—\n> \n> > (a) starting on 18 July 2019, and\n> \n> > (b) ending immediately before the commencement of the amendment Act.","sortOrder":117}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been substantially amended over its nearly 30-year life, with over 35 distinct versions. The administrative machinery has been updated (e.g. replacing 'Director-General' with 'Secretary'), and the breadth and detail of regulatory requirements have evolved. The core purpose — licensing and oversight of pawnbrokers and second-hand dealers to deter trade in stolen goods — has remained consistent, but the operational scope and procedural requirements have been refined and expanded through successive amendments."},"complexity_factors":["Dual regulatory framework covering two distinct business types (pawnbrokers and second-hand dealers) with potentially different rules for each","Licensing regime with eligibility criteria, renewal obligations, and conditions creates multi-layered compliance requirements","Record-keeping and transaction reporting obligations require ongoing operational compliance","Intersection with criminal law (stolen goods, police powers) adds a law enforcement dimension","Extensive amendment history spanning nearly 30 years (35+ point-in-time versions) means the current law may differ significantly from the original and historical versions must be carefully distinguished","Pending uncommenced amendments (Licensing and Registration (Uniform Procedures) Amendment Act 2022) create uncertainty about the near-future legal position","Regulatory overlap with NSW Fair Trading, Police, and potentially Commonwealth law (e.g. anti-money laundering)"],"plain_english_summary":"## Pawnbrokers and Second-hand Dealers Act 1996 (NSW)\n\n**What is this law about?**\n\nThis is a New South Wales law that regulates two types of businesses:\n\n- **Pawnbrokers** — businesses that lend you money in exchange for holding onto your valuables (like jewellery or electronics) as security. If you repay the loan plus fees, you get your item back. If you don't, they can sell it.\n- **Second-hand dealers** — businesses that buy and sell used goods (think cash converters, op shops run for profit, or dealers in used electronics).\n\n**Why does this law exist?**\n\nThese businesses can be attractive to people wanting to quickly sell stolen goods. The law creates a licensing and record-keeping system to make it harder to fence (sell on) stolen property and easier for police to track and recover it.\n\n**Who does this affect?**\n\n- Anyone who **runs** a pawnbroking or second-hand dealing business in NSW — you need a licence and must follow strict rules\n- Anyone who **sells or pawns** goods at these businesses — your identity will be recorded\n- **Police and regulators** — they have powers to inspect records and premises\n- **Crime victims** — the system helps police identify and recover stolen property\n\n**Key things businesses must do:**\n- Hold a valid licence (issued by NSW Fair Trading)\n- Keep detailed records of every transaction, including who sold the item and a description of the goods\n- Hold onto purchased goods for a set period before reselling them (giving police a chance to check for stolen items)\n- Co-operate with police inspections\n\n**What happens if you break the rules?**\n\nOperating without a licence or breaching the rules can result in fines or prosecution.\n\n**Note:** This law has been amended many times since 1996 and further changes may be coming via a bill currently before parliament."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 1996 Act originally centred on basic licensing (Part 2), record-keeping and retention of goods to deter stolen property trade, with core offences in ss 6–7 and simple pawn redemption in s 29. Its scope has expanded well beyond that intent through amendments that added sophisticated consumer protections (detailed pawn tickets and surplus proceeds rules in ss 28(5A)–(5B), 30A–31A), a dedicated low-cost disputes regime in Part 4A enabling NCAT orders for return of goods or compensation (ss 32F–32G), organised crime disqualification via criminal intelligence (ss 8(1)(d), 8A(2A), 9(5)), a demerit points scheme (s 27), broad exemption and condition powers (ss 4A, 11), former licensee disciplinary action (s 36A), and electronic record and service rules. This evolution has shifted the legislation from a narrow trade-regulation statute into a hybrid consumer-protection, law-enforcement and administrative-sanctions framework."},"complexity_factors":["Extensive definitions in s 3 and s 3A (over 20 defined terms including 'criminal intelligence', 'disqualified person', 'surplus proceeds', 'redemption period' and principles for determining when goods are pawned)","Frequent cross-references to at least 12 other statutes including the Fair Trading Act 1987, Crimes (Criminal Organisations Control) Act 2012, Corporations Act 2001, Licensing and Registration (Uniform Procedures) Act 2002, Civil and Administrative Tribunal Act 2013 and Fines Act 1996","Multi-layered eligibility and disqualification rules in ss 8–8A with conditional exceptions, Secretary determinations under s 8A(4)–(5), and special rules for criminal intelligence that limit reasons disclosure (s 9(5))","Nested procedural requirements across Parts 2–4 including premises nomination (ss 12–12B), record-keeping (s 16, s 28), retention periods (s 21), redemption and sale rules (ss 29–32C) with defence provisions and onus of proof shifts","Part 4A dispute resolution regime (ss 32E–32M) with restoration notices, Tribunal orders under s 32G (including alternative monetary orders), interaction with court proceedings (s 32I) and specific offences for false allegations (s 32K)","Amendments reflected in historical notes (e.g. 2002 No 104 inserting entire Part 4A, ss 3A, 29A–29C, 30–32D; 2012–2024 updates on criminal organisations, exemptions and electronic records)","Conditional logic, defences (e.g. s 12B(6), s 21(1)), deeming provisions (s 5) and regulation-making powers that create further exceptions"],"plain_english_summary":"**This law sets rules for pawnbrokers (people who lend money taking goods as security) and second-hand dealers (people who buy and sell used items) in New South Wales.** It requires them to hold a licence, check the identity and ownership of anyone selling or pawning goods, keep detailed records for three years, and hold onto purchased second-hand goods for 14 days without changing or selling them. For pawned items, it gives owners at least three months to buy them back (redeem them), requires clear pawn tickets explaining fees and rights, and sets out how unredeemed goods must be sold (usually by auction to get the best price). Any extra money from a sale (surplus proceeds) must be offered back to the original owner within 12 months. The law also covers market promoters, who must check identities of sellers. It aims to reduce stolen goods being traded, protect people who pawn their belongings, and ensure honest business practices. People who break the rules can face fines up to 100 penalty units and lose their licence. It does not apply to licensed auctioneers, certain charity events, or activities covered by other laws like firearms or motor dealer licences."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope and mechanics have been amended over time and now include broader administrative controls and procedural detail not present in the earliest version. Examples in the text supplied include: the insertion of a statutory exemptions power for the Secretary (s 4A, inserted 2020), expanded definitions and disqualification grounds that connect to criminal organisation controls (s 8A(2A)), the addition of a demerit points scheme (s 27), detailed electronic‑record and electronic‑transmission provisions and permitted electronic service methods (ss 16(7); 43(1)(e)–(f); 42A), and the creation of Part 4A with restoration and Tribunal procedures for disputed ownership (ss 32E–32G). Those changes expand administrative reach (more Secretary powers and procedural routes), increase operational compliance requirements (electronic records, ID checks, retention rules) and add new enforcement and review avenues (demerit points, Tribunal safeguards, delegated powers). These changes are reflected in the enacted amendments and transitional provisions set out in the Schedule (Schedule 2) and in the sections cited above."},"complexity_factors":["Extensive cross‑referencing to regulations and other Acts (e.g. Corporations Act, Crimes Act, Fair Trading Act) meaning many operative details sit in delegated instruments or external statutes (see ss 3, 8A, 9, 43).","Multiple decision‑makers with overlapping powers: the Secretary, authorised officers (including police), the Civil and Administrative Tribunal and courts (ss 3(1); 36; 17; 32G; 39).","Detailed, transaction‑level requirements (pawn ticket contents, identity checks, record formats and retention periods) that require operational systems and recordkeeping (ss 15; 16; 28).","Administrative discretion vested in the Secretary (licence conditions, exemptions, disciplinary findings, demerit points) creates fact‑sensitive determinations and operational uncertainty (ss 4A; 11; 34–36; 27).","Interlocking enforcement and dispute processes (inspection/seizure, restoration notices, Tribunal proceedings, court directions) with different time bars and standards of proof (ss 17–18; 32F–32G; 32M; 40).","Corporate liability and individual executive officer exposure for corporate breaches (s 40A) increasing legal complexity for corporate operators.","Regulatory scope left to subordinate instruments (regulations) for key details: fees, excluded activities, thresholds for Tribunal monetary jurisdiction, electronic procedures (s 43)."],"plain_english_summary":"What the law does, in plain terms\n\n- This Act creates a licensing and regulatory system for two businesses: pawnbrokers (people who lend money against goods taken into possession as security) and dealers who buy or sell second-hand goods (s 3A; ss 6–7). A person must hold the appropriate licence to carry on those businesses (ss 6–7).  \n\n- The Act requires licences to be applied for, granted, renewed and displayed under rules the Secretary administers. Licences can be for pawnbroking, second‑hand dealing, or both (s 9; ss 10–11; s 14). The Secretary can attach, vary or revoke licence conditions and may delegate many functions (ss 11; 39A; 36). The Secretary also has an explicit power to give written exemptions to particular persons from the Act or from specified provisions (s 4A).  \n\n- It imposes day‑to‑day operational rules for licensed businesses: identify the person supplying goods and verify their title before accepting goods (s 15), keep transaction and staff records in prescribed form and keep them for 3 years (s 16), display licence details and prescribed signage (ss 14; 32C; 32L), and comply with specified retention and storage rules for second‑hand and pawned goods (ss 12, 12A, 12B, 21). Market promoters who allow vendors to sell second‑hand goods must check vendor identity (s 15A) and keep vendor lists (s 16(3)).  \n\n- For pawnbrokers the Act prescribes how pawn transactions must be recorded (what must be on a pawn ticket), the minimum default redemption period (3 months unless a longer period is agreed), the conditions for extending redemption periods, the limits on varying pawn agreements, and procedures for sale of unredeemed goods and the application of sale proceeds (Part 4, especially ss 28–31A; ss 29–29A; ss 29B–30A). The Act also prohibits pawnbrokers (and related persons) from buying goods pawned to them (s 32). It limits when interest and other charges may be taken (ss 32A–32B).  \n\n- Enforcement and compliance powers: authorised officers (police, the Secretary, investigators, and persons authorised in writing) may enter licensed premises, inspect and require production of records and goods, copy or temporarily seize records (ss 3(1); 17–18; 20). Licensees and employees must report goods they suspect may be stolen (s 19). Penalties and penalty notices apply for a range of contraventions (ss 24–26; s 40). Corporations’ executive officers can be proceeded against where the corporation breaches the Act (s 40A).  \n\n- The Act sets dispute and restoration procedures for contested ownership of goods: a claimant can give a signed statement to police; police may serve a restoration notice requiring delivery of goods to the claimant unless the licensee starts proceedings; the Civil and Administrative Tribunal can hear and order recovery or compensation (Part 4A, ss 32E–32G; ss 32H–32M).  \n\n- Administrative review and disciplinary framework: applicants or licensees can seek review in the Tribunal of Secretary decisions (s 39). The Secretary can issue show‑cause notices, take disciplinary action (including revocation or suspension), and impose conditions (ss 34–36). A demerit points regime can be applied as prescribed (s 27). Courts can revoke licences on certain criminal convictions (s 33).  \n\n- Information exchange and confidentiality: police must supply records to the Secretary when reasonably necessary for the Secretary’s functions; the Secretary must supply police with licence information reasonably necessary for police duties (s 42). The Act restricts disclosure of personal information obtained under the Act except in specified circumstances (s 44).  \n\nWhy this matters (stated purposes and operational effects)\n\n- The Act structures how pawnbroking and second‑hand dealing are to be carried out by making licences a gatekeeping requirement and by imposing ongoing operational obligations (identity checks, record keeping, storage, retention, and sale procedures). Those mechanisms are presented in the Act as tools for regulating those industries and protecting lawful owners and consumers (see, for example, the statutory duties to report suspected stolen goods (s 19), the restoration procedures (ss 32F–32G) and the Secretary’s power to act in the \"public interest\" when attaching licence conditions (s 11)).  \n\nTesting those stated purposes against costs, incentives and mechanics\n\n- Who pays: licence applicants and licensees bear direct costs (application/renewal fees set in regulations (s 43(1)(g)), compliance costs for record systems, storage and signage (ss 12–13; ss 16; 32C), and potential fines and disciplinary costs (ss 24–26; s 36(5)). Pawners pay interest and fees disclosed on pawn tickets (s 28(2)(b)–(c); s 30A).  \n\n- Who decides: the Secretary has substantial administrative control—granting, conditioning, varying, exempting, suspending and revoking licences (ss 4A; 9; 11; 36); authorised officers (including police) exercise inspection and enforcement powers (ss 3(1); 17–20). The Tribunal and courts provide review and dispute resolution (ss 32G; 39).  \n\n- Compliance burden and implementation risk: the Act imposes detailed record‑keeping (content, format, retention period) and identity‑checking obligations (ss 15–16), plus storage and holding‑period rules (ss 12–12B; s 21). These create measurable administrative and systems costs for small businesses. The regulations may require electronic transmission or electronic records (s 16(7); s 43(1)(e)–(f)), which shifts costs between paper processing and IT investment. Authorised officers’ powers to enter, inspect and temporarily seize records (ss 17–18) create operational disruption risk.  \n\n- Bureaucratic discretion and legal risk: the Secretary’s wide powers to attach conditions, to make disciplinary findings on the balance of probabilities, to revoke licences or deny renewal, and to issue exemptions confer significant administrative discretion (ss 11; 36; 4A). Some decisions are reviewable by the Tribunal (s 39), but the Act also allows protective handling of criminal intelligence where disclosure would be harmful (s 9(5); s 39(1A)).  \n\n- Effects on private enterprise and contract freedom: the Act restricts contract terms in pawn agreements (a fixed default redemption period and limits on post‑redemption charges; ss 29; 32A–32B) and limits the ability of parties to contract out of the Act (s 44A) or to restrict owner remedies (s 44B). Those rules reduce contractual flexibility in favour of protective standards set by statute.  \n\n- Market‑level incentives and substitution: the licensing barrier and ongoing compliance costs make it more costly to operate as a pawnbroker or second‑hand dealer. That may reduce entry or push some sellers to unregulated venues. The Act explicitly excludes some activities from licensing (s 4) and allows the regulations to prescribe others, so some activity can be shifted outside the licensing perimeter by regulation.  \n\n- Concentrated benefits and diffuse costs (mechanics): licence holders obtain a regulated, legally recognised market position but also carry compliance costs and administrative risk. Law enforcement and claimants receive statutory routes to recover goods (ss 32F–32G; s 32M). Compliance costs fall directly on licensees (s 43(1)(g); s 16).  \n\nKey operational points a business should note\n\n- Obtain and hold the correct licence for the business activity (ss 6–7; s 9).  \n- Keep required records, provide pawn tickets with prescribed information, retain records for 3 years, and be ready to produce records and goods on authorised request (ss 16; 28; 17–18).  \n- Verify identity and title of anyone offering goods; market promoters have similar duties for stallholders (ss 15; 15A).  \n- For pawnbrokers, respect redemption periods, limits on interest and fees after the redemption period, and prescribed sale procedures for unredeemed goods (ss 29; 32A–32B; 30–31A).  \n- Be aware of Secretary powers to impose conditions, issue show‑cause notices, suspend or revoke licences, and the availability of Tribunal review (ss 34–36; s 39)."}},"importantCases":[],"_links":{"self":"/api/acts/pawnbrokers-and-second-hand-dealers-act-1996","history":"/api/acts/pawnbrokers-and-second-hand-dealers-act-1996/history","analysis":"/api/acts/pawnbrokers-and-second-hand-dealers-act-1996/analysis","conflicts":"/api/acts/pawnbrokers-and-second-hand-dealers-act-1996/conflicts","importantCases":"/api/acts/pawnbrokers-and-second-hand-dealers-act-1996/important-cases","documents":"/api/acts/pawnbrokers-and-second-hand-dealers-act-1996/documents"}}