{"id":"tas:act-1994-095","name":"Second-hand Dealers and Pawnbrokers Act 1994","slug":"second-hand-dealers-and-pawnbrokers-act-1994","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"95 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106211,"registerId":"tas-act-1994-095-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","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Second-hand Dealers and Pawnbrokers Act 1994](/view/html/inforce/2026-04-12/act-1994-095) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***goods*** means any form of personal property except intangible property;\n> > \n> > > ***pawnbroker*** means a person who carries on the business of advancing money on the security of pledged goods;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja68@GC1@EN)\n> > \n> > > ***promoter*** means a person who operates a second-hand goods market or makes arrangements for any such market to be held;\n> > \n> > > ***repealed Act*** means an Act repealed by this Act;\n> > \n> > > ***second-hand dealer*** means a person who carries on the business of buying or selling, or otherwise dealing in, second-hand goods, either as a principal or agent, but does not include –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 75 of 2005, Sched. 1, Applied:01 Dec 2006\\]*](/view/html/inforce/2006-12-01/act-2005-075#JS1@Ja1@GC1@EN) [*\\[Section 3 Subsection (1) amended by No. 58 of 2016, Sched. 4, Applied:01 Apr 2017\\]*](/view/html/inforce/2017-04-01/act-2016-058#JS4@Ja6@GC1@EN) a real estate agent, or a general auctioneer, within the meaning of the [Property Agents and Land Transactions Act 2016](/view/html/inforce/2026-04-12/act-2016-058) ; or\n> > > > \n> > > > > (b) a person who, under [subsection (3)](#GS3@Gs3@EN) , is exempted from the operation of this Act;\n> > \n> > > ***second-hand goods*** means goods that have been used for a purpose not connected with their manufacture or sale or that have been taken from other goods used for any such purpose;\n> > \n> > > ***second-hand goods market*** means a market at which second-hand goods are sold, whether or not any other goods are also sold in the market;\n> > \n> > > ***sell*** includes –\n> > > \n> > > > > (a) barter or exchange; and\n> > > > \n> > > > > (b) offer or expose for sale, barter or exchange; and\n> > > > \n> > > > > (c) cause or permit to be offered or exposed for sale, barter or exchange;\n> > \n> > > ***stolen goods*** includes goods obtained by unlawful means;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja22@GC3@Hpc@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja22@GC3@Hpc@EN) ***vehicle*** means a motor vehicle as defined in the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) or a trailer as defined in that Act;\n> > \n> > > ***vessel*** means a vessel within the meaning of the [Marine Act 1976](/view/html/inforce/2026-04-12/act-1976-018) .\n> \n> > (2)  For the purposes of this Act, second-hand goods are to be taken as being in the possession of a second-hand dealer when they are at any premises or place that is occupied by him or her or is under his or her control or when they are in a vehicle that is under his or her control.\n> \n> > (3)  The Minister may, by order published in the *Gazette*, exempt from the operation of this Act a person, a class of persons or persons who are engaged in a trade specified in the order.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Second-hand Dealers and Pawnbrokers","content":"# Part 2 Second-hand Dealers and Pawnbrokers","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Commencement of business","content":"## Division 1 Commencement of business","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Requirement to notify police as to business of second-hand dealer or pawnbroker","content":"### 4 Requirement to notify police as to business of second-hand dealer or pawnbroker\n\n> > (1)  This section does not apply to –\n> > \n> > > > (a) a second-hand dealer who, immediately before the commencement of this Act, was the holder of a licence in force under the [Second-hand Dealers Act 1905](/view/html/inforce/2026-04-12/act-9999-999) ; or\n> > > \n> > > > (b) a pawnbroker who, immediately before that commencement, was the holder of a licence in force under the [Pawnbrokers Act 1857](/view/html/inforce/2026-04-12/act-9999-999) .\n> \n> > (2)  A person who proposes –\n> > \n> > > > (a) to carry on the business of a second-hand dealer at any premises or second-hand goods market; or\n> > > \n> > > > (b) to carry on the business of a pawnbroker at any premises –\n> > \n> > must give at least one month's notice in writing of intention to do so to the officer in charge of the police station nearest to the premises or market at which that person proposes to carry on business.\n> \n> > (3)  A notice under [subsection (2)](#GS4@Gs2@EN) is required whether or not the person proposing to carry on business has been granted a licence or approval by a local authority in respect of the proposed business and the notice is to specify –\n> > \n> > > > (a) the full name, address and date of birth of that person; and\n> > > \n> > > > (b) the address of the premises or second-hand goods market at which that person proposes to carry on that business.\n> \n> > (4)  Where a person proposes to carry on a business as mentioned in [subsection (2)](#GS4@Gs2@EN) at more than one premises or second-hand goods market, it is sufficient if the notice is given to the officer in charge of the police station that is nearest to one of the premises or markets.\n> \n> > (5)  If, in the case of a natural person –\n> > \n> > > > (a) the person proposing to carry on business has been convicted of an offence under this Act or a repealed Act or an offence involving dishonesty; or\n> > > \n> > > > (b) that person is not, in the opinion of the Commissioner of Police, a fit and proper person to carry on the business of a second-hand dealer or pawnbroker –\n> > > \n> > > or if, in the case of a corporation –\n> > > \n> > > > (c) a person concerned in the management of the corporation has been convicted of an offence under this Act or a repealed Act or an offence involving dishonesty; or\n> > > \n> > > > (d) any such person is not, in the opinion of the Commissioner, a fit and proper person to carry on the business of a second-hand dealer or pawnbroker –\n> > \n> > the Commissioner may, within 28 days after receipt of a notice under [subsection (2)](#GS4@Gs2@EN) , file a notice of objection in the prescribed form in the court of petty sessions nearest to the premises or market where the person proposes to carry on business.\n> \n> > (6)  The Commissioner of Police must, on filing a notice of objection under [subsection (5)](#GS4@Gs5@EN) , serve a copy of the notice –\n> > \n> > > > (a) in the case of a natural person proposing to carry on business, personally on that person; or\n> > > \n> > > > (b) in the case of a corporation, personally on a director, the secretary, the public officer or any person who the Commissioner reasonably believes is a responsible officer of the corporation.\n> \n> > (7)  Service of the notice of objection may be proved in the same way as service of a summons under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Delegation by Commissioner of Police","content":"### 5 Delegation by Commissioner of Police\n\n> > (1)  The Commissioner of Police may, in writing –\n> > \n> > > > (a) delegate to a police officer any of the functions or duties of the Commissioner under [section 4](#GS4@EN) ; and\n> > > \n> > > > (b) revoke wholly or partly a delegation.\n> \n> > (2)  A delegation –\n> > \n> > > > (a) may be made either generally or as otherwise provided by the instrument of delegation; and\n> > > \n> > > > (b) does not prevent the performance or discharge of a function or duty by the Commissioner.\n> \n> > (3)  A function performed, or duty discharged, by a delegate has the same effect as if performed or discharged by the Commissioner.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Hearing of objections","content":"### 6 Hearing of objections\n\n> > (1)  For the purpose of hearing an objection of which notice has been filed under [section 4](#GS4@EN) , a court of petty sessions is to be constituted by a magistrate.\n> \n> > (2)  The person proposing to carry on the business of a second-hand dealer or the business of a pawnbroker is entitled to be heard and to adduce evidence on the hearing of the objection.\n> \n> > (3)  Where, on the hearing of the objection, the court is of opinion that it is not in the public interest that the person proposing to carry on the business of a second-hand dealer or the business of a pawnbroker should carry on that business the court may, by order, prohibit that person from carrying on –\n> > \n> > > > (a) the business of buying or selling, or otherwise dealing in, second-hand goods, either as a principal or agent; or\n> > > \n> > > > (b) the business of a pawnbroker –\n> > \n> > for such period, not less than one year, as the court thinks fit.\n> \n> > (4)  Service of an order made under [subsection (3)](#GS6@Gs3@EN) is to be effected on a person referred to in [subsection (2)](#GS6@Gs2@EN) in the same way as service of a summons under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Unlawfully carrying on business as second-hand dealer or pawnbroker","content":"### 7 Unlawfully carrying on business as second-hand dealer or pawnbroker\n\n> A person who carries on business as a second-hand dealer or pawnbroker –\n> \n> > > (a) without giving notice as required by [section 4](#GS4@EN) [(2)](#GS4@Gs2@EN) ; or\n> > \n> > > (b) after service on that person of a copy of the notice of objection under [section 4](#GS4@EN) [(6)](#GS4@Gs6@EN) and before the hearing of the objection by a court of petty sessions; or\n> > \n> > > (c) during any period when, pursuant to an order made under [section 6](#GS6@EN) [(3)](#GS6@Gs3@EN) , that person is disqualified from carrying on the business of buying or selling, or otherwise dealing in, second-hand goods, either as a principal or agent, or the business of a pawnbroker –\n> \n> is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units and a daily fine not exceeding 2 penalty units in respect of each day during which that person so carries on business.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Change of business address","content":"## Division 2 Change of business address","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Duty to notify change of business address","content":"### 8 Duty to notify change of business address\n\n> > (1)  Where –\n> > \n> > > > (a) a second-hand dealer or pawnbroker who was carrying on business as such immediately before the commencement of this Act proposes to carry on business as such at any premises or second-hand goods market other than the premises or market at which he or she was carrying on business at that time; or\n> > > \n> > > > (b) a second-hand dealer or pawnbroker proposes to carry on business as such at any premises or second-hand goods market not specified in a notice given under [section 4](#GS4@EN) [(2)](#GS4@Gs2@EN) –\n> > > \n> > > the second-hand dealer or pawnbroker must give notice in writing of his or her intention to do so to –\n> > > \n> > > > (c) the officer in charge of the police station nearest to the premises or market at which he or she proposes to carry on the business; or\n> > > \n> > > > (d) if he or she proposes to carry on business as such at more than one premises or market, the officer in charge of the police station that is nearest to one of those premises or markets.\n> \n> > (2)  A second-hand dealer or pawnbroker to whom [subsection (1)](#GS8@Gs1@EN) applies and who carries on business as such without giving notice as required by that subsection is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units and a daily fine not exceeding 2 penalty units in respect of each day during which the offence continues.","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Duties of second-hand dealers and pawnbrokers","content":"## Division 3 Duties of second-hand dealers and pawnbrokers","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Duty to obtain proof of identity, &c.","content":"### 9 Duty to obtain proof of identity, &c.\n\n> > (1)  A second-hand dealer or pawnbroker must not receive any goods in the course of business unless the person who sells, supplies or pawns the goods produces documentary proof of identity showing his or her correct name and address.\n> \n> > (2)  A second-hand dealer or pawnbroker who contravenes [subsection (1)](#GS9@Gs1@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Records to be kept relating to second-hand or pawned goods","content":"### 10 Records to be kept relating to second-hand or pawned goods\n\n> > (1)  A second-hand dealer must keep records containing such particulars as may be prescribed of all second-hand goods bought or received that exceed in value such amount as may be prescribed.\n> \n> > (2)  A pawnbroker must keep records of all goods received in pawn, stating the date of pawn and the date on which the goods were redeemed.\n> \n> > (3)  The Minister may, by order published in the *Gazette*, exempt a person, a class of persons or persons who are engaged in a trade specified in the order from compliance with this section and any such exemption may be made subject to such conditions as the Minister thinks fit.\n> \n> > (4)  A second-hand dealer or pawnbroker who, without reasonable excuse, fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Duty to retain goods for 7 days","content":"### 11 Duty to retain goods for 7 days\n\n> > (1)  A second-hand dealer who, during a period of 7 days after receiving any second-hand goods –\n> > \n> > > > (a) fails to keep the goods in the form in which they were received; or\n> > > \n> > > > (b) disposes of them in any way –\n> > \n> > is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.\n> \n> > (2)  [Subsection (1)](#GS11@Gs1@EN) –\n> > \n> > > > (a) does not derogate from any obligation that a second-hand dealer might otherwise have to keep goods for a period longer than 7 days after receipt of the goods; and\n> > > \n> > > > (b) does not apply to second-hand goods purchased at a public auction by a second-hand dealer; and\n> > > \n> > > > (c) does not apply to second-hand goods purchased by a second-hand dealer from another second-hand dealer; and\n> > > \n> > > > (d) does not apply to second-hand goods which are vehicles or vessels.\n> \n> > (3)  [Subsection (1)](#GS11@Gs1@EN) does not apply to the disposal of second-hand goods if the second-hand dealer –\n> > \n> > > > (a) obtains from the recipient of the goods documentary proof of identity showing his or her correct name and address; and\n> > > \n> > > > (b) where the goods disposed of exceed in value such amount as may be prescribed, keeps records containing such particulars as may be prescribed of those goods.\n> \n> > (4)  Nothing in [subsection (3)](#GS11@Gs3@EN) permits the disposal of second-hand goods to a person whose usual place of residence is outside Australia.","sortOrder":15},{"sectionNumber":"Division 4","sectionType":"division","heading":"Promoters of second-hand goods markets","content":"## Division 4 Promoters of second-hand goods markets","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Duties of promoters of second-hand goods markets","content":"### 12 Duties of promoters of second-hand goods markets\n\n> > (1)  A promoter must –\n> > \n> > > > (a) keep such records as may be prescribed relating to persons selling second-hand goods at a second-hand goods market; and\n> > > \n> > > > (b) require any person proposing to sell second-hand goods at a second-hand goods market to produce documentary proof of identity showing his or her correct name and address.\n> \n> > (2)  A promoter who, without reasonable excuse, fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.","sortOrder":17},{"sectionNumber":"Division 5","sectionType":"division","heading":"Redemption of pawned goods","content":"## Division 5 Redemption of pawned goods","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Form of notice to be given by pawnbrokers","content":"### 13 Form of notice to be given by pawnbrokers\n\n> > (1)  A pawnbroker must, at the time of taking any goods in pawn, give to the person pawning the goods a notice signed by the pawnbroker specifying –\n> > \n> > > > (a) the rate of interest payable on the money lent and the total amount of interest payable on redemption of the goods pawned; and\n> > > \n> > > > (b) the date before which the goods pawned may be redeemed.\n> \n> > (2)  A notice under [subsection (1)](#GS13@Gs1@EN) is to state –\n> > \n> > > > (a) that the goods will be forfeited on failure to redeem them before the date specified under [subsection (1)](#GS13@Gs1@EN) [(b)](#GS13@Gs1@Hpb@EN) ; and\n> > > \n> > > > (b) that the owner of the goods will be entitled on demand to the balance of the proceeds of sale; and\n> > > \n> > > > (c) such other matters as may be prescribed.\n> \n> > (3)  If a pawnbroker takes goods in pawn without giving to the person pawning the goods a notice in accordance with this section, the pawnbroker is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Redemption of pledges","content":"### 14 Redemption of pledges\n\n> > (1)  The period for redemption of any goods taken in pawn is to be 6 months or such longer period as may be agreed by the parties at the expiration of which period the goods are to be forfeited and may be sold.\n> \n> > (2)  A pawnbroker who sells or otherwise disposes of any goods before the expiration of the period provided for redemption under [subsection (1)](#GS14@Gs1@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.\n> \n> > (3)  A pawnbroker who proposes to sell goods forfeited under [subsection (1)](#GS14@Gs1@EN) must, unless the goods do not exceed in value such amount as may be prescribed –\n> > \n> > > > (a) cause those goods to be sold by auction; and\n> > > \n> > > > (b) at least 14 days before the sale, give notice in writing of the sale by certified post to the person who would have been entitled to redeem the goods; and\n> > > \n> > > > (c) keep a record of the sale in the prescribed form.\n> \n> > (4)  Where the proceeds of a sale pursuant to [subsection (1)](#GS14@Gs1@EN) exceed the amount owing to the pawnbroker under the contract of pawn, the balance of those proceeds is recoverable from the pawnbroker as a debt in a court of competent jurisdiction by the person who would have been entitled to redeem the goods.\n> \n> > (5)  Where –\n> > \n> > > > (a) the proceeds of a sale pursuant to [subsection (1)](#GS14@Gs1@EN) exceed the amount owing to the pawnbroker under the contract of pawn; and\n> > > \n> > > > (b) on demand within the prescribed period by the person who would have been entitled to redeem the goods, the pawnbroker fails to pay the balance of the proceeds to that person –\n> > \n> > the pawnbroker is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.\n> \n> > (6)  A conviction under [subsection (2)](#GS14@Gs2@EN) or [(5)](#GS14@Gs5@EN) does not limit any civil liability of the person convicted to the owner of the goods or any other person who would have been entitled to redeem them.","sortOrder":20},{"sectionNumber":"Division 6","sectionType":"division","heading":"Provisions relating to suspected stolen goods","content":"## Division 6 Provisions relating to suspected stolen goods","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Duty of second-hand dealers relating to suspected stolen goods","content":"### 15 Duty of second-hand dealers relating to suspected stolen goods\n\n> > (1)  If a second-hand dealer, pawnbroker or an employee of a second-hand dealer or pawnbroker to whom any goods are offered for sale, as a pawn or in some other kind of commercial transaction, has reasonable cause to suspect that the goods are stolen goods –\n> > \n> > > > (a) the second-hand dealer, pawnbroker or employee must forthwith notify a police officer of that fact; and\n> > > \n> > > > (b) the second-hand dealer, pawnbroker or employee may –\n> > > > \n> > > > > > (i) arrest and detain the person offering the goods until he or she can be delivered into the custody of a police officer; and\n> > > > > \n> > > > > > (ii) seize and detain the goods until they can be delivered into the custody of a police officer.\n> \n> > (2)  A second-hand dealer, pawnbroker or employee who exercises a power of arrest or seizure under this section must take the necessary action to have the person or goods referred to in [subsection (1)](#GS15@Gs1@EN) delivered into the custody of a police officer as soon as practicable.\n> \n> > (3)  A second-hand dealer, pawnbroker or employee who contravenes [subsection (1)](#GS15@Gs1@EN) [(a)](#GS15@Gs1@Hpa@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Notice to prevent dealings in goods suspected of being stolen","content":"### 16 Notice to prevent dealings in goods suspected of being stolen\n\n> > (1)  A police officer may serve notice under this section on –\n> > \n> > > > (a) a second-hand dealer or pawnbroker; or\n> > > \n> > > > (b) any person apparently having the management or charge of the business of second-hand dealer or pawnbroker or the management or charge of any such business so far as it is carried on in or on the relevant premises –\n> > \n> > if the police officer suspects that goods in the possession or under the control of the dealer or pawnbroker may be stolen goods.\n> \n> > (2)  The notice –\n> > \n> > > > (a) is to be in the prescribed form; and\n> > > \n> > > > (b) is to specify the goods suspected of being stolen; and\n> > > \n> > > > (c) for a period of 21 days after service of the notice, prohibits the second-hand dealer, pawnbroker or other person referred to in [subsection (1)](#GS16@Gs1@EN) [(b)](#GS16@Gs1@Hpb@EN) from altering the form of the goods or selling or otherwise disposing of them in any way.\n> \n> > (3)  The notice may be reissued once for a further period of 21 days commencing on the expiration of the original period of 21 days.\n> \n> > (4)  A second-hand dealer, pawnbroker or other person referred to in [subsection (1)](#GS16@Gs1@EN) [(b)](#GS16@Gs1@Hpb@EN) who fails to comply with a notice served on him or her under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Powers of entry, inspection and arrest in relation to second-hand or pawned goods","content":"### 17 Powers of entry, inspection and arrest in relation to second-hand or pawned goods\n\n> > (1)  A police officer may at any reasonable time –\n> > \n> > > > (a) enter any place where the business of a second-hand dealer or pawnbroker is being carried on for the purpose of inspecting any goods that are in that place or any records that are kept by the second-hand dealer or pawnbroker; and\n> > > \n> > > > (b) for that purpose require the second-hand dealer or pawnbroker or an employee or agent of the second-hand dealer or pawnbroker to produce any such goods or records.\n> \n> > (2)  A police officer may at any reasonable time –\n> > \n> > > > (a) enter any premises or place at which a second-hand goods market is being, or is to be, held; and\n> > > \n> > > > (b) inspect any goods apparently in the possession, or under the control, of a person who is attending the premises or market to sell goods or leaving the premises or market after attending it to sell goods; and\n> > > \n> > > > (c) require any such person to state his or her full name and address.\n> \n> > (3)  A police officer may at any reasonable time –\n> > \n> > > > (a) enter any premises or place, whether a second-hand goods market or not, at which a promoter is carrying on business; and\n> > > \n> > > > (b) inspect any records made under [section 12](#GS12@EN) and apparently in the possession, or under the control, of the promoter; and\n> > > \n> > > > (c) for the purposes of [paragraph (b)](#GS17@Gs3@Hpb@EN) , require the promoter or his or her employee to produce any such records.\n> \n> > (4)  A person who –\n> > \n> > > > (a) refuses or fails to comply with a requirement made under this section; or\n> > > \n> > > > (b) in response to a requirement made under this section to give his or her full name and address, makes a statement that is false or misleading –\n> > \n> > is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.\n> \n> > (5)  A police officer may arrest a person without warrant in the place of business of a second-hand dealer or pawnbroker if the police officer has reasonable grounds for believing that the person has committed, or is committing, an offence against this Act and, in response to a request made by the police officer, the person –\n> > \n> > > > (a) refuses to give his or her full name and address; or\n> > > \n> > > > (b) gives a name or an address that the officer has reasonable grounds for believing is false or misleading.","sortOrder":24},{"sectionNumber":"Part 3","sectionType":"part","heading":"Disputes as to ownership of goods","content":"# Part 3 Disputes as to ownership of goods","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Courts of petty sessions to determine disputes","content":"### 18 Courts of petty sessions to determine disputes\n\n> > (1)  A person claiming to be entitled to the possession of goods in the possession or under the control of a second-hand dealer or pawnbroker, where the goods are second-hand goods or goods in pawn, may apply to a court of petty sessions for an order for delivery of the goods.\n> \n> > (2)  An application under [subsection (1)](#GS18@Gs1@EN) may be supported by evidence provided by affidavit and is to be served –\n> > \n> > > > (a) if the second-hand dealer or pawnbroker is a natural person, personally on him or her; or\n> > > \n> > > > (b) if the second-hand dealer or pawnbroker is a corporation, personally on a director, the secretary, the public officer or any person who the applicant reasonably believes is a responsible officer of the corporation.\n> \n> > (3)  For the purposes of hearing an application under [subsection (1)](#GS18@Gs1@EN) , a court of petty sessions is to be constituted by a magistrate.\n> \n> > (4)  The second-hand dealer or pawnbroker is entitled to be heard and to adduce evidence at the hearing of the application.\n> \n> > (5)  If satisfied by the supporting evidence that the applicant is entitled to possession of the goods, the court may make one of the following orders:\n> > \n> > > > (a) an order directing the second-hand dealer or pawnbroker to deliver the goods to the applicant;\n> > > \n> > > > (b) an order directing the second-hand dealer or pawnbroker to pay to the applicant the value of the goods as assessed by the court –\n> > \n> > but, if the court is not so satisfied, it must dismiss the application.\n> \n> > (6)  An order under [subsection (5)](#GS18@Gs5@EN) [(a)](#GS18@Gs5@Hpa@EN) or [(b)](#GS18@Gs5@Hpb@EN) –\n> > \n> > > > (a) is to be served on the second-hand dealer or pawnbroker in the same way as a summons under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ; and\n> > > \n> > > > (b) takes effect 21 days after service; and\n> > > \n> > > > (c) [*\\[Section 18 Subsection (6) amended by No. 32 of 1995, Sched. 1, Applied:30 Mar 1998\\]*](/view/html/inforce/1998-03-30/act-1995-032#JS1@Ja3@GC1@EN) is taken to be a judgement of the Magistrates Court (Civil Division) and may be enforced accordingly–\n> > \n> > and service of the order may be proved in accordance with the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .\n> \n> > (7)  If, after service of an application under [subsection (1)](#GS18@Gs1@EN) , the second-hand dealer or pawnbroker –\n> > \n> > > > (a) alters the form of the goods to which the application relates; or\n> > > \n> > > > (b) disposes of the goods in any way except in accordance with an order made under this section –\n> > \n> > the second-hand dealer or pawnbroker is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units.\n> \n> > (8)  A conviction under [subsection (7)](#GS18@Gs7@EN) does not limit any civil liability of the person convicted arising under an order made under [subsection (5)](#GS18@Gs5@EN) [(a)](#GS18@Gs5@Hpa@EN) or [(b)](#GS18@Gs5@Hpb@EN) .","sortOrder":26},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous and Supplemental","content":"# Part 4 Miscellaneous and Supplemental","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Duty to give correct name and address to second-hand dealer or pawnbroker","content":"### 19 Duty to give correct name and address to second-hand dealer or pawnbroker\n\n> A person who sells or supplies goods to a second-hand dealer or pawnbroker in the course of business and who fails to give his or her correct name and address to the second-hand dealer or pawnbroker is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Orders prohibiting a person carrying on business as a second-hand dealer or pawnbroker","content":"### 20 Orders prohibiting a person carrying on business as a second-hand dealer or pawnbroker\n\n> > (1)  Where a court convicts a second-hand dealer or pawnbroker of an offence against this Act or an offence involving dishonesty, the court may, in addition to any other order that it makes, by order prohibit the second-hand dealer or pawnbroker from carrying on for such period as the court thinks fit the business of buying or selling, or otherwise dealing in, second-hand goods, either as a principal or agent, or the business of a pawnbroker.\n> \n> > (2)  A person who carries on business as a second-hand dealer or pawnbroker in contravention of an order under [subsection (1)](#GS20@Gs1@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units and a daily fine not exceeding 2 penalty units in respect of each day during which that person so carries on business.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Evidentiary provision","content":"### 21 Evidentiary provision\n\n> If in proceedings for an offence against this Act it is established that, within the period of 12 months immediately preceding the date of the alleged offence, the defendant –\n> \n> > > (a) sold second-hand goods other than second-hand vehicles or vessels on not less than 6 different days; or\n> > \n> > > (b) sold 6 or more second-hand vehicles or vessels; or\n> > \n> > > (c) conducted 6 or more auctions for the sale of second-hand goods on behalf of other persons –\n> \n> it is to be presumed, in the absence of proof to the contrary, that the defendant was carrying on business as a second-hand dealer on the date of the alleged offence.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Offences by directors of bodies corporate","content":"### 22 Offences by directors of bodies corporate\n\n> If a body corporate is guilty of an offence against this Act, each of its directors is guilty of an offence and is liable to the same penalty as is prescribed for that offence unless it is proved that the director could not, by the exercise of reasonable diligence, have prevented the commission of the offence by the body corporate.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Regulations","content":"### 23 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS23@Gs1@EN) , the Governor may make regulations providing for records to be kept by second-hand dealers, pawnbrokers and promoters.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Repeal of  Pawnbrokers Act 1857  and  Second-hand Dealers Act 1905","content":"### 24 Repeal of  Pawnbrokers Act 1857  and  Second-hand Dealers Act 1905\n\n> The [Pawnbrokers Act 1857](/view/html/inforce/2026-04-12/act-9999-999) and the [Second-hand Dealers Act 1905](/view/html/inforce/2026-04-12/act-9999-999) are repealed.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Administration of Act","content":"### 25 Administration of Act\n\n> Until provision is made in relation to this Act by order made under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.","sortOrder":34}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The supplied text does not include legislative history or the original intent against which to measure change. Based solely on the Act as provided, no internal provision states that it alters or narrows a previously stated scope; therefore a change from original intent cannot be determined from the supplied material alone."},"complexity_factors":["Multiple regulated actors (second-hand dealers, pawnbrokers, promoters, sellers, police, Commissioner, Minister, Governor, courts) increasing coordination and compliance complexity (s3, ss4–6, 12, 15–18, 23).","Layered administrative steps: pre-notification to police, potential objection and court hearing before commencing business (s4, s6).","Range of operational duties: identity verification, record-keeping, seven-day retention, promoter and pawn notice obligations with prescribed thresholds and exemptions (ss9–14, s10(1), s11).","Police powers that allow entry, inspection, seizure and short-term freeze notices with reissue possibility (ss15–17), requiring interplay between police practice and business operations.","Statutory discre­tion: Ministerial exemptions (s3(3), s10(3)), Commissioner fitness assessments (s4(5)), and Governor-made regulations (s23), creating variable application and delegated rule‑making.","Multiple offence types, varied penalty levels and daily fines for continued breaches, and personal liability for corporate directors (ss7, 9–12, 14–16, 20, 22).","Interlocking court processes for objections, prohibitions and ownership disputes that reference procedural service and enforcement rules under other Acts (ss6, 18; references to Justices Act)."],"plain_english_summary":"The Act creates a regulatory regime for second‑hand dealers, pawnbrokers and market promoters, requiring identity checks, prescribed records, minimum retention periods, notifications to police and procedural rules for pawns and sales. It gives police inspection, seizure and 21‑day notice powers and courts authority to resolve ownership disputes and bar unfit operators.\n\nIt chiefly affects dealers, pawners and sellers: it aims to make transactions traceable and recover stolen goods but imposes ongoing compliance costs and significant enforcement discretion."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A version described as 'current from 1 April 2017' yet last modified on 8 May 2024 suggests either the version number was not updated upon modification, or the currency date does not accurately reflect the true operative date of the present text. This creates ambiguity about which version of the Act is actually in force.","confidence":0.55,"description":"The legislation states it is 'current from 1 April 2017 to date (accessed 3 April 2026 at 13:54)' while also stating 'File last modified 8 May 2024'. If the file was modified in May 2024, the version currency start date of April 2017 is misleading or internally inconsistent with respect to what 'current' means."},{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"low","reasoning":"The 3-working-day update promise combined with a static version currency date despite a 2024 file modification creates a self-contradicting assurance about currency and reliability of the published text.","confidence":0.5,"description":"The metadata claims the site is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified 8 May 2024 while the version currency date remains 1 April 2017. This implies either the update policy was not followed, or the modification on 8 May 2024 was non-substantive but is indistinguishable from a substantive amendment to a reader."}],"contradictions":[{"severity":"low","section_a":"Status Information – 'Version current from 1 April 2017 to date'","section_b":"Status Information – 'File last modified 8 May 2024'","confidence":0.5,"description":"The version currency date (1 April 2017) and the file modification date (8 May 2024) are irreconcilable if the modification reflected a substantive legal change. A substantive amendment on 8 May 2024 should have produced a new version currency start date, yet none is shown."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original 1994 intent to regulate second-hand dealers and pawnbrokers. While it has been amended several times (notably in 1999, 2003, 2005, 2016) to update cross-references and exemptions, these appear to be maintenance amendments rather than scope expansion. The core regulatory framework — police notification, record-keeping, holding periods, and pawn redemption rules — remains focused on the original purpose of preventing stolen goods trafficking and protecting pawn customers."},"complexity_factors":["Moderate length (25 sections) with clear Part/Division structure","9 defined terms in section 3, including nested definitions (e.g., 'second-hand dealer' excludes real estate agents and general auctioneers)","Multiple cross-references to other Acts (Property Agents and Land Transactions Act 2016, Vehicle and Traffic Act 1999, Marine Act 1976, Justices Act 1959, Administrative Arrangements Act 1990)","Several layers of exceptions to the 7-day holding period in section 11(2)-(4) (auctions, dealer-to-dealer sales, vehicles/vessels, and disposal with identity verification)","Conditional logic in offence provisions requiring specific mental states or circumstances (e.g., 'without reasonable excuse', 'reasonable cause to suspect')","Evidentiary presumption in section 21 that creates a rebuttable presumption of carrying on business based on quantitative thresholds","Director liability provision (section 22) with a due diligence defence","Ministerial exemption powers (sections 3(3) and 10(3)) allowing discretionary exclusions from requirements"],"plain_english_summary":"**What this law does:**\n\nThis Act regulates three types of businesses in Tasmania that deal with used goods: **second-hand dealers** (people who buy and sell used items), **pawnbrokers** (people who lend money against personal items as security), and **promoters** (people who run markets where used goods are sold).\n\n**Key requirements:**\n\n*   **Police notification:** Anyone starting one of these businesses must give one month's written notice to the local police. The Police Commissioner can object if the person has a criminal record involving dishonesty or isn't considered \"fit and proper\" — leading to a court hearing that can ban them from the trade for at least a year.\n*   **Record-keeping:** Dealers and pawnbrokers must keep detailed records of transactions, including proof of identity from sellers.\n*   **Cooling-off period:** Second-hand dealers must hold onto purchased goods for **7 days** before reselling them (with some exceptions, such as buying from other dealers or at public auctions). This gives police time to check if items are stolen.\n*   **Pawning rules:** Pawnbrokers must give written notices explaining interest rates and redemption deadlines. Customers have **6 months** to redeem pawned goods before they can be sold. If sold, any surplus after the loan is repaid must go back to the customer.\n*   **Stolen goods:** Dealers must notify police immediately if they suspect goods are stolen. Police can issue 21-day \"hold notices\" preventing disposal of suspected stolen items.\n*   **Police powers:** Officers can enter premises, inspect records, and arrest without warrant in certain circumstances.\n*   **Dispute resolution:** People who claim ownership of goods held by dealers or pawnbrokers can apply to a magistrates court for their return or compensation.\n\n**Who it affects:**\n\n*   Second-hand shops, pawn shops, and market operators\n*   People selling or pawning goods\n*   Police and courts\n\n**Why it matters:**\n\nThe law aims to **prevent fencing of stolen goods** (selling stolen property) by creating a paper trail and holding periods, while also **protecting consumers** who pawn items by ensuring fair treatment and transparency about interest and redemption rights."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained consistent with its original 1994 intent of regulating second-hand dealers and pawnbrokers. The version has been current since 1 April 2017 with only minor amendments noted, suggesting no significant expansion or contraction of scope. However, without the full legislative text, a definitive assessment of scope drift cannot be made."},"complexity_factors":["Dual regulatory regime covering two distinct business types (dealers and pawnbrokers) with potentially different obligations for each","Licensing framework with eligibility criteria, application processes, and grounds for refusal or cancellation","Interaction with criminal law (stolen goods, police powers) adds a law enforcement dimension","Record-keeping and holding period requirements create ongoing operational compliance obligations for businesses","NOTE: Only metadata/status information was provided — full Act text was not included, limiting depth of analysis and potentially understating complexity"],"plain_english_summary":"## Second-hand Dealers and Pawnbrokers Act 1994 (Tasmania)\n\n**What this law does:**\nThis Tasmanian law regulates two types of businesses:\n- **Second-hand dealers** — shops or individuals who buy and sell used goods (think op shops, pawn shops, or dealers in used electronics, jewellery, etc.)\n- **Pawnbrokers** — businesses that lend money in exchange for holding onto a customer's valuables as security (collateral)\n\n**Who it affects:**\n- Anyone running a second-hand goods business in Tasmania\n- Anyone operating as a pawnbroker in Tasmania\n- Consumers who buy from or use these businesses\n- Police and regulatory authorities who oversee these trades\n\n**Why it matters:**\nThe law exists primarily to **reduce the trade in stolen goods**. By requiring dealers and pawnbrokers to keep detailed records of what they buy, who they bought it from, and hold goods for a set period before reselling, it creates a paper trail that helps police track stolen property.\n\nKey features typically include:\n- **Licensing requirements** — you must be licensed to operate these businesses\n- **Record-keeping obligations** — dealers must record details of every item purchased and the seller's identity\n- **Holding periods** — goods cannot be immediately resold, giving police time to check if items are stolen\n- **Police inspection powers** — authorities can inspect records and premises\n- **Penalties** — fines or other consequences for non-compliance\n\n**For everyday people:** If you've had something stolen and it ends up in a second-hand shop, this law creates the mechanism for police to potentially trace and recover it. If you sell something to a second-hand dealer, expect to show ID and have your details recorded."}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-dealers-and-pawnbrokers-act-1994","history":"/api/acts/second-hand-dealers-and-pawnbrokers-act-1994/history","analysis":"/api/acts/second-hand-dealers-and-pawnbrokers-act-1994/analysis","conflicts":"/api/acts/second-hand-dealers-and-pawnbrokers-act-1994/conflicts","importantCases":"/api/acts/second-hand-dealers-and-pawnbrokers-act-1994/important-cases","documents":"/api/acts/second-hand-dealers-and-pawnbrokers-act-1994/documents"}}