{"id":"qld:act-2003-073","name":"Second-hand Dealers and Pawnbrokers Act 2003","slug":"second-hand-dealers-and-pawnbrokers-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"73 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":50048,"registerId":"qld-act-2003-073-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Second-hand Dealers and Pawnbrokers Act 2003 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objectives of Act","content":"### sec.3 Objectives of Act\n\nThe main objectives of this Act are to—\nregulate the activities of second-hand dealers and pawnbrokers; and\ndeter crime in the second-hand property market; and\nhelp protect consumers from purchasing stolen property.\n- (a) regulate the activities of second-hand dealers and pawnbrokers; and\n- (b) deter crime in the second-hand property market; and\n- (c) help protect consumers from purchasing stolen property.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.3A Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\nUnless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector has under this Act.\ns 3A ins 2014 No. 8 s 156\n(sec.3A-ssec.1) The Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.3A-ssec.2) Unless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector has under this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of associate and effective control","content":"### sec.5 Meaning of associate and effective control\n\nAn associate of an applicant for a licence or a licensee is a person who is not the applicant or licensee but is, or would be if the licence were granted, renewed or restored, in effective control of the applicant’s or licensee’s business at a place.\nA person who is in effective control of a business, includes a person who—\nis regularly or usually in charge of the business; or\nregularly directs staff of the business in their duties; or\nis in a position to control or influence the business in a substantial way.\nIf an applicant for a licence or a licensee is a corporation, each executive officer of the corporation is taken to be an associate of the applicant or licensee.\n(sec.5-ssec.1) An associate of an applicant for a licence or a licensee is a person who is not the applicant or licensee but is, or would be if the licence were granted, renewed or restored, in effective control of the applicant’s or licensee’s business at a place.\n(sec.5-ssec.2) A person who is in effective control of a business, includes a person who— is regularly or usually in charge of the business; or regularly directs staff of the business in their duties; or is in a position to control or influence the business in a substantial way.\n(sec.5-ssec.3) If an applicant for a licence or a licensee is a corporation, each executive officer of the corporation is taken to be an associate of the applicant or licensee.\n- (a) is regularly or usually in charge of the business; or\n- (b) regularly directs staff of the business in their duties; or\n- (c) is in a position to control or influence the business in a substantial way.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":8},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Requirement to be licensed","content":"## Requirement to be licensed","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Acting as licensee","content":"### sec.6 Acting as licensee\n\nA person must not carry on a business of dealing in second-hand property or act as a market operator unless the person is a second-hand dealer.\nMaximum penalty—200 penalty units.\nHowever, the following persons do not contravene subsection (1) —\na pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act;\na chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person’s licence or registration certificate under that Act;\na dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person’s licence under that Act;\na person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others;\na person dealing in second-hand property for a charity registered under the Collections Act 1966 ;\na charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ;\na local government;\nan authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ;\na company registered under the Life Insurance Act 1995 (Cwlth) ;\na trustee company under the Trustee Companies Act 1968 .\nA person must not carry on a business of advancing, on interest or in expectation of profit or reward, an amount on the principal or collateral security of property taken by the person as a pawn unless the person is a pawnbroker.\nMaximum penalty—200 penalty units.\nHowever, the following persons making advances in the ordinary course of banking or mercantile transactions on the security of property taken as a pawn do not contravene subsection (3) —\na chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014 ;\nan authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ;\na broker, commission agent or merchant.\ns 6 amd 2014 No. 20 s 238 sch 3 pt 2\n(sec.6-ssec.1) A person must not carry on a business of dealing in second-hand property or act as a market operator unless the person is a second-hand dealer. Maximum penalty—200 penalty units.\n(sec.6-ssec.2) However, the following persons do not contravene subsection (1) — a pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act; a chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person’s licence or registration certificate under that Act; a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person’s licence under that Act; a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others; a person dealing in second-hand property for a charity registered under the Collections Act 1966 ; a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ; a local government; an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; a company registered under the Life Insurance Act 1995 (Cwlth) ; a trustee company under the Trustee Companies Act 1968 .\n(sec.6-ssec.3) A person must not carry on a business of advancing, on interest or in expectation of profit or reward, an amount on the principal or collateral security of property taken by the person as a pawn unless the person is a pawnbroker. Maximum penalty—200 penalty units.\n(sec.6-ssec.4) However, the following persons making advances in the ordinary course of banking or mercantile transactions on the security of property taken as a pawn do not contravene subsection (3) — a chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014 ; an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; a broker, commission agent or merchant.\n- (a) a pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act;\n- (b) a chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person’s licence or registration certificate under that Act;\n- (c) a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person’s licence under that Act;\n- (d) a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others;\n- (e) a person dealing in second-hand property for a charity registered under the Collections Act 1966 ;\n- (f) a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ;\n- (g) a local government;\n- (h) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ;\n- (i) a company registered under the Life Insurance Act 1995 (Cwlth) ;\n- (j) a trustee company under the Trustee Companies Act 1968 .\n- (a) a chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014 ;\n- (b) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ;\n- (c) a broker, commission agent or merchant.","sortOrder":10},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Suitability of applicants and licensees","content":"## Suitability of applicants and licensees","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Suitability of applicants and licensees","content":"### sec.7 Suitability of applicants and licensees\n\nA person is not a suitable person to hold a licence if the person, or an associate of the person—\nis an individual under 18 years; or\nis an insolvent under administration; or\nhas been convicted of a disqualifying offence within the last 5 years; or\nis a corporation that is a Chapter 5 body corporate under the Corporations Act ; or\nis subject to a relevant control order.\nWithout limiting subsection (1) , a person is not a suitable person to hold a licence if the chief executive decides the person is not suitable because the person, or an associate of the person—\nis subject to a control order or registered corresponding control order, other than a relevant control order; or\nhas been convicted of an offence against—\nthe Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or\nthe Penalties and Sentences Act 1992 , section 161ZI .\nThe chief executive, when deciding whether a person is a suitable person to hold a licence, may not have regard to criminal intelligence given by the commissioner of the police service to the chief executive under section 111 .\nA person who is not a suitable person may not hold a licence.\ns 7 amd 2013 No. 64 s 159 ; 2016 No. 62 s 362 ; 2020 No. 15 s 198 ; 2023 No. 23 s 247 sch 1 s 37\n(sec.7-ssec.1) A person is not a suitable person to hold a licence if the person, or an associate of the person— is an individual under 18 years; or is an insolvent under administration; or has been convicted of a disqualifying offence within the last 5 years; or is a corporation that is a Chapter 5 body corporate under the Corporations Act ; or is subject to a relevant control order.\n(sec.7-ssec.2) Without limiting subsection (1) , a person is not a suitable person to hold a licence if the chief executive decides the person is not suitable because the person, or an associate of the person— is subject to a control order or registered corresponding control order, other than a relevant control order; or has been convicted of an offence against— the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or the Penalties and Sentences Act 1992 , section 161ZI .\n(sec.7-ssec.3) The chief executive, when deciding whether a person is a suitable person to hold a licence, may not have regard to criminal intelligence given by the commissioner of the police service to the chief executive under section 111 .\n(sec.7-ssec.4) A person who is not a suitable person may not hold a licence.\n- (a) is an individual under 18 years; or\n- (b) is an insolvent under administration; or\n- (c) has been convicted of a disqualifying offence within the last 5 years; or\n- (d) is a corporation that is a Chapter 5 body corporate under the Corporations Act ; or\n- (e) is subject to a relevant control order.\n- (a) is subject to a control order or registered corresponding control order, other than a relevant control order; or\n- (b) has been convicted of an offence against— (i) the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or (ii) the Penalties and Sentences Act 1992 , section 161ZI .\n- (i) the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or\n- (ii) the Penalties and Sentences Act 1992 , section 161ZI .\n- (i) the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or\n- (ii) the Penalties and Sentences Act 1992 , section 161ZI .","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Investigations about suitability of applicants and licensees","content":"### sec.8 Investigations about suitability of applicants and licensees\n\nThe chief executive may make investigations about the following persons to help decide whether an applicant for a licence or licensee is a suitable person to hold a licence—\nthe applicant or licensee;\nan associate of the applicant or licensee.\nIf the chief executive makes investigations under subsection (1) , the chief executive may ask the commissioner of the police service for a report about the criminal history of any of the persons.\nIf the chief executive asks the commissioner for a report under subsection (2) , the commissioner must give the report to the chief executive.\nThe report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\nIf the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written.\nIf the person is, or has been, subject to a control order or registered corresponding control order, the report must—\nstate the details of the order; or\nbe accompanied by a copy of the order.\ns 8 amd 2008 No. 69 s 80 ; 2013 No. 64 s 160 ; 2016 No. 62 s 363\n(sec.8-ssec.1) The chief executive may make investigations about the following persons to help decide whether an applicant for a licence or licensee is a suitable person to hold a licence— the applicant or licensee; an associate of the applicant or licensee.\n(sec.8-ssec.2) If the chief executive makes investigations under subsection (1) , the chief executive may ask the commissioner of the police service for a report about the criminal history of any of the persons.\n(sec.8-ssec.3) If the chief executive asks the commissioner for a report under subsection (2) , the commissioner must give the report to the chief executive.\n(sec.8-ssec.4) The report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.8-ssec.5) If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written.\n(sec.8-ssec.6) If the person is, or has been, subject to a control order or registered corresponding control order, the report must— state the details of the order; or be accompanied by a copy of the order.\n- (a) the applicant or licensee;\n- (b) an associate of the applicant or licensee.\n- (a) state the details of the order; or\n- (b) be accompanied by a copy of the order.","sortOrder":13},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Costs of criminal history report","content":"### sec.8A Costs of criminal history report\n\nThe chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 8 about—\nthe applicant or licensee; or\nan associate of the applicant or licensee.\nThe chief executive must refund to an applicant an amount paid under the requirement if—\nthe chief executive refuses the application without asking for the report; or\nthe applicant withdraws the application before the chief executive asks for the report.\nIn this section—\napplicant includes proposed applicant.\ns 8A ins 2008 No. 69 s 81\n(sec.8A-ssec.1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 8 about— the applicant or licensee; or an associate of the applicant or licensee.\n(sec.8A-ssec.2) The chief executive must refund to an applicant an amount paid under the requirement if— the chief executive refuses the application without asking for the report; or the applicant withdraws the application before the chief executive asks for the report.\n(sec.8A-ssec.3) In this section— applicant includes proposed applicant.\n- (a) the applicant or licensee; or\n- (b) an associate of the applicant or licensee.\n- (a) the chief executive refuses the application without asking for the report; or\n- (b) the applicant withdraws the application before the chief executive asks for the report.","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Notice of change in criminal history","content":"### sec.9 Notice of change in criminal history\n\nThis section applies if—\nthe commissioner of the police service reasonably suspects a person is—\nan applicant or licensee; or\nan associate of an applicant or licensee; and\nthe person’s criminal history changes.\nThe commissioner may give the chief executive written notice that the person’s criminal history has changed.\nThe notice must—\nstate the following details—\nthe person’s name and any other name the commissioner believes the person may use or may have used;\nthe person’s date and place of birth;\na brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\nif the change includes the person becoming subject to a control order or registered corresponding control order—\nstate the details of the order; or\nbe accompanied by a copy of the order.\nThe chief executive may confirm the commissioner’s suspicions under subsection (1) (a) .\nFor a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\nIn this section—\ncriminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed.\noffence includes alleged offence.\ns 9 amd 2006 No. 10 s 89 sch 2 ; 2008 No. 69 s 82\nsub 2013 No. 64 s 161 ; 2016 No. 62 s 364\n(sec.9-ssec.1) This section applies if— the commissioner of the police service reasonably suspects a person is— an applicant or licensee; or an associate of an applicant or licensee; and the person’s criminal history changes.\n(sec.9-ssec.2) The commissioner may give the chief executive written notice that the person’s criminal history has changed.\n(sec.9-ssec.3) The notice must— state the following details— the person’s name and any other name the commissioner believes the person may use or may have used; the person’s date and place of birth; a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and if the change includes the person becoming subject to a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order.\n(sec.9-ssec.4) The chief executive may confirm the commissioner’s suspicions under subsection (1) (a) .\n(sec.9-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\n(sec.9-ssec.6) In this section— criminal history , in relation to a person, includes a charge of an offence laid against a person that has not been dismissed. offence includes alleged offence.\n- (a) the commissioner of the police service reasonably suspects a person is— (i) an applicant or licensee; or (ii) an associate of an applicant or licensee; and\n- (i) an applicant or licensee; or\n- (ii) an associate of an applicant or licensee; and\n- (b) the person’s criminal history changes.\n- (i) an applicant or licensee; or\n- (ii) an associate of an applicant or licensee; and\n- (a) state the following details— (i) the person’s name and any other name the commissioner believes the person may use or may have used; (ii) the person’s date and place of birth; (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (i) the person’s name and any other name the commissioner believes the person may use or may have used;\n- (ii) the person’s date and place of birth;\n- (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (b) if the change includes the person becoming subject to a control order or registered corresponding control order— (i) state the details of the order; or (ii) be accompanied by a copy of the order.\n- (i) state the details of the order; or\n- (ii) be accompanied by a copy of the order.\n- (i) the person’s name and any other name the commissioner believes the person may use or may have used;\n- (ii) the person’s date and place of birth;\n- (iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and\n- (i) state the details of the order; or\n- (ii) be accompanied by a copy of the order.","sortOrder":15},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Use of information obtained under s 8 or 9","content":"### sec.9A Use of information obtained under s 8 or 9\n\nThis section applies to the chief executive in considering information about a person obtained under section 8 or 9 .\nInformation about the following may be used only for making a decision as to whether an applicant or licensee is, or continues to be, a suitable person to hold a licence—\na conviction of the person;\nif the person is subject to a control order or registered corresponding control order—the control order.\nInformation about a charge against the person may not be relied on as a basis for making a decision as to whether an applicant or licensee is, or continues to be, a suitable person to hold a licence.\ns 9A ins 2016 No. 62 s 364\n(sec.9A-ssec.1) This section applies to the chief executive in considering information about a person obtained under section 8 or 9 .\n(sec.9A-ssec.2) Information about the following may be used only for making a decision as to whether an applicant or licensee is, or continues to be, a suitable person to hold a licence— a conviction of the person; if the person is subject to a control order or registered corresponding control order—the control order.\n(sec.9A-ssec.3) Information about a charge against the person may not be relied on as a basis for making a decision as to whether an applicant or licensee is, or continues to be, a suitable person to hold a licence.\n- (a) a conviction of the person;\n- (b) if the person is subject to a control order or registered corresponding control order—the control order.","sortOrder":16},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Applying for, renewing or restoring a licence","content":"## Applying for, renewing or restoring a licence","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application for licence","content":"### sec.10 Application for licence\n\nA person may apply to the chief executive for a licence.\nThe application must—\nbe in the approved form; and\ninclude the following information—\nwhether the licence is for 1 or both of the following types of business—\na second-hand dealer;\na pawnbroker;\nwhether the licence is sought for a term of 1 or 3 years;\neach place the applicant intends to carry on business under the licence;\nthe names and addresses of the applicant’s associates; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nif, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\nA requirement mentioned in subsection (2) (c) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\ns 10 amd 2008 No. 69 s 83\n(sec.10-ssec.1) A person may apply to the chief executive for a licence.\n(sec.10-ssec.2) The application must— be in the approved form; and include the following information— whether the licence is for 1 or both of the following types of business— a second-hand dealer; a pawnbroker; whether the licence is sought for a term of 1 or 3 years; each place the applicant intends to carry on business under the licence; the names and addresses of the applicant’s associates; and be accompanied by— the application fee prescribed under a regulation; and if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n(sec.10-ssec.3) A requirement mentioned in subsection (2) (c) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\n- (a) be in the approved form; and\n- (b) include the following information— (i) whether the licence is for 1 or both of the following types of business— (A) a second-hand dealer; (B) a pawnbroker; (ii) whether the licence is sought for a term of 1 or 3 years; (iii) each place the applicant intends to carry on business under the licence; (iv) the names and addresses of the applicant’s associates; and\n- (i) whether the licence is for 1 or both of the following types of business— (A) a second-hand dealer; (B) a pawnbroker;\n- (A) a second-hand dealer;\n- (B) a pawnbroker;\n- (ii) whether the licence is sought for a term of 1 or 3 years;\n- (iii) each place the applicant intends to carry on business under the licence;\n- (iv) the names and addresses of the applicant’s associates; and\n- (c) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n- (i) whether the licence is for 1 or both of the following types of business— (A) a second-hand dealer; (B) a pawnbroker;\n- (A) a second-hand dealer;\n- (B) a pawnbroker;\n- (ii) whether the licence is sought for a term of 1 or 3 years;\n- (iii) each place the applicant intends to carry on business under the licence;\n- (iv) the names and addresses of the applicant’s associates; and\n- (A) a second-hand dealer;\n- (B) a pawnbroker;\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Principal place of business","content":"### sec.11 Principal place of business\n\nIf the applicant intends to carry on business at more than 1 place, the applicant must specify in the application the place the applicant intends to be the applicant’s principal place of business.\nIf the applicant intends to carry on business at a location, the applicant must specify, as the applicant’s principal place of business—\nfor an application for a second-hand dealer’s licence—an address where the applicant’s transactions register is to be maintained and may be inspected; or\nfor an application for a pawnbroker’s licence—an address where the applicant’s property register is to be maintained and may be inspected, and property taken as a pawn is located.\nA place of business or an address under this section must be a place where a document may be served personally.\nA post office box is not a place the applicant may use as a place of business or an address for this Act.\n(sec.11-ssec.1) If the applicant intends to carry on business at more than 1 place, the applicant must specify in the application the place the applicant intends to be the applicant’s principal place of business.\n(sec.11-ssec.2) If the applicant intends to carry on business at a location, the applicant must specify, as the applicant’s principal place of business— for an application for a second-hand dealer’s licence—an address where the applicant’s transactions register is to be maintained and may be inspected; or for an application for a pawnbroker’s licence—an address where the applicant’s property register is to be maintained and may be inspected, and property taken as a pawn is located.\n(sec.11-ssec.3) A place of business or an address under this section must be a place where a document may be served personally. A post office box is not a place the applicant may use as a place of business or an address for this Act.\n- (a) for an application for a second-hand dealer’s licence—an address where the applicant’s transactions register is to be maintained and may be inspected; or\n- (b) for an application for a pawnbroker’s licence—an address where the applicant’s property register is to be maintained and may be inspected, and property taken as a pawn is located.","sortOrder":19},{"sectionNumber":"sec.12","sectionType":"section","heading":"Decision on application for a licence","content":"### sec.12 Decision on application for a licence\n\nThe chief executive must consider an application for a licence and—\ngrant the licence, with or without conditions; or\nrefuse to grant the licence.\nHowever, the chief executive must refuse to grant the licence if the chief executive is not satisfied the applicant is a suitable person to hold the licence.\nIf the chief executive decides to grant the licence, the chief executive must—\ngrant the licence for the term stated in the application for the licence; and\ngive the applicant the licence.\nIf the chief executive decides to grant the licence with a condition or to refuse to grant the licence, the chief executive must give the applicant a QCAT information notice for the decision within 14 days after the decision is made.\ns 12 amd 2006 No. 10 s 89 sch 2 ; 2009 No. 24 s 762 ; 2013 No. 64 s 162 ; 2016 No. 62 s 365\n(sec.12-ssec.1) The chief executive must consider an application for a licence and— grant the licence, with or without conditions; or refuse to grant the licence.\n(sec.12-ssec.2) However, the chief executive must refuse to grant the licence if the chief executive is not satisfied the applicant is a suitable person to hold the licence.\n(sec.12-ssec.3) If the chief executive decides to grant the licence, the chief executive must— grant the licence for the term stated in the application for the licence; and give the applicant the licence.\n(sec.12-ssec.4) If the chief executive decides to grant the licence with a condition or to refuse to grant the licence, the chief executive must give the applicant a QCAT information notice for the decision within 14 days after the decision is made.\n- (a) grant the licence, with or without conditions; or\n- (b) refuse to grant the licence.\n- (a) grant the licence for the term stated in the application for the licence; and\n- (b) give the applicant the licence.","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":"Renewal of licence","content":"### sec.13 Renewal of licence\n\nA licensee may apply to the chief executive to renew the licensee’s licence before the licence expires.\nThe application must—\nbe in the approved form; and\nstate whether the licence is sought for a term of 1 or 3 years; and\nstate the names and addresses of the associates of the applicant; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nif, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\nA requirement mentioned in subsection (2) (d) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\ns 13 amd 2008 No. 69 s 84\n(sec.13-ssec.1) A licensee may apply to the chief executive to renew the licensee’s licence before the licence expires.\n(sec.13-ssec.2) The application must— be in the approved form; and state whether the licence is sought for a term of 1 or 3 years; and state the names and addresses of the associates of the applicant; and be accompanied by— the application fee prescribed under a regulation; and if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n(sec.13-ssec.3) A requirement mentioned in subsection (2) (d) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\n- (a) be in the approved form; and\n- (b) state whether the licence is sought for a term of 1 or 3 years; and\n- (c) state the names and addresses of the associates of the applicant; and\n- (d) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Restoration of licence","content":"### sec.14 Restoration of licence\n\nIf a licence expires, the person who was the holder of the licence may, within 14 days after the licence expires, apply to the chief executive to restore the licence.\nThe application must—\nbe in the approved form; and\nstate whether the licence is sought for a term of 1 or 3 years; and\nstate the names and addresses of the associates of the applicant; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nif, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\nA requirement mentioned in subsection (2) (d) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\ns 14 amd 2008 No. 69 s 85\n(sec.14-ssec.1) If a licence expires, the person who was the holder of the licence may, within 14 days after the licence expires, apply to the chief executive to restore the licence.\n(sec.14-ssec.2) The application must— be in the approved form; and state whether the licence is sought for a term of 1 or 3 years; and state the names and addresses of the associates of the applicant; and be accompanied by— the application fee prescribed under a regulation; and if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n(sec.14-ssec.3) A requirement mentioned in subsection (2) (d) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\n- (a) be in the approved form; and\n- (b) state whether the licence is sought for a term of 1 or 3 years; and\n- (c) state the names and addresses of the associates of the applicant; and\n- (d) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A (1) —the amount of the costs required to be paid.","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Decision on application for renewal or restoration of a licence","content":"### sec.15 Decision on application for renewal or restoration of a licence\n\nThe chief executive must consider an application for renewal or restoration of a licence and—\ngrant the renewal or restoration of the licence, with or without conditions; or\nrefuse to grant the renewal or restoration of the licence.\nHowever, the chief executive must refuse the application if the chief executive is not satisfied the applicant is a suitable person to hold a licence.\nIf the chief executive decides to grant the renewal or restoration of the licence, the chief executive must grant the renewal or restoration for the term stated in the application.\nIf the chief executive decides to refuse to grant the renewal or restoration of the licence, the chief executive must give the applicant a QCAT information notice for the decision within 14 days after the decision is made.\ns 15 amd 2009 No. 24 s 763 ; 2013 No. 64 s 163 ; 2016 No. 62 s 366\n(sec.15-ssec.1) The chief executive must consider an application for renewal or restoration of a licence and— grant the renewal or restoration of the licence, with or without conditions; or refuse to grant the renewal or restoration of the licence.\n(sec.15-ssec.2) However, the chief executive must refuse the application if the chief executive is not satisfied the applicant is a suitable person to hold a licence.\n(sec.15-ssec.3) If the chief executive decides to grant the renewal or restoration of the licence, the chief executive must grant the renewal or restoration for the term stated in the application.\n(sec.15-ssec.4) If the chief executive decides to refuse to grant the renewal or restoration of the licence, the chief executive must give the applicant a QCAT information notice for the decision within 14 days after the decision is made.\n- (a) grant the renewal or restoration of the licence, with or without conditions; or\n- (b) refuse to grant the renewal or restoration of the licence.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Licence continues pending decision about renewal","content":"### sec.16 Licence continues pending decision about renewal\n\nIf a licensee applies for renewal of a licence under section 13 , the licence is taken to be in force from the time it would, apart from this subsection, have expired until the day on which any of the following first happens—\nthe chief executive renews the licence;\nif the chief executive decides to refuse to grant the renewal, the chief executive gives the licensee a QCAT information notice for the decision under section 15 (4) ;\nthe licensee is taken to have withdrawn the application under section 18 (2) .\nIf the chief executive renews the licence, the licence is taken to have been renewed from the time it would, apart from subsection (1) , have expired.\nSubsection (1) does not apply if the licence is earlier cancelled or suspended.\ns 16 amd 2009 No. 24 s 764\n(sec.16-ssec.1) If a licensee applies for renewal of a licence under section 13 , the licence is taken to be in force from the time it would, apart from this subsection, have expired until the day on which any of the following first happens— the chief executive renews the licence; if the chief executive decides to refuse to grant the renewal, the chief executive gives the licensee a QCAT information notice for the decision under section 15 (4) ; the licensee is taken to have withdrawn the application under section 18 (2) .\n(sec.16-ssec.2) If the chief executive renews the licence, the licence is taken to have been renewed from the time it would, apart from subsection (1) , have expired.\n(sec.16-ssec.3) Subsection (1) does not apply if the licence is earlier cancelled or suspended.\n- (a) the chief executive renews the licence;\n- (b) if the chief executive decides to refuse to grant the renewal, the chief executive gives the licensee a QCAT information notice for the decision under section 15 (4) ;\n- (c) the licensee is taken to have withdrawn the application under section 18 (2) .","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Licence continues pending decision about restoration","content":"### sec.17 Licence continues pending decision about restoration\n\nIf a licensee applies for restoration of a licence under section 14 , the licence is taken to be in force from the time the licence expired until the day on which any of the following first happens—\nthe chief executive restores the licence;\nif the chief executive decides to refuse to grant the restoration, the chief executive gives the licensee a QCAT information notice for the decision under section 15 (4) ;\nthe licensee is taken to have withdrawn the application under section 18 (2) .\nIf the chief executive restores the licence, the licence is taken to have been restored from the time it expired.\nSubsection (1) does not apply if the licence is earlier cancelled or suspended.\ns 17 amd 2009 No. 24 s 765\n(sec.17-ssec.1) If a licensee applies for restoration of a licence under section 14 , the licence is taken to be in force from the time the licence expired until the day on which any of the following first happens— the chief executive restores the licence; if the chief executive decides to refuse to grant the restoration, the chief executive gives the licensee a QCAT information notice for the decision under section 15 (4) ; the licensee is taken to have withdrawn the application under section 18 (2) .\n(sec.17-ssec.2) If the chief executive restores the licence, the licence is taken to have been restored from the time it expired.\n(sec.17-ssec.3) Subsection (1) does not apply if the licence is earlier cancelled or suspended.\n- (a) the chief executive restores the licence;\n- (b) if the chief executive decides to refuse to grant the restoration, the chief executive gives the licensee a QCAT information notice for the decision under section 15 (4) ;\n- (c) the licensee is taken to have withdrawn the application under section 18 (2) .","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Requirement to give chief executive information","content":"### sec.18 Requirement to give chief executive information\n\nThe chief executive may by signed notice require an applicant under this part to give the chief executive information or documents the chief executive reasonably considers are needed, to consider the applicant’s application, within a stated reasonable period of at least 14 days.\nIf the applicant fails to comply with the chief executive’s requirement within the stated reasonable period, the applicant is taken to have withdrawn the application.\n(sec.18-ssec.1) The chief executive may by signed notice require an applicant under this part to give the chief executive information or documents the chief executive reasonably considers are needed, to consider the applicant’s application, within a stated reasonable period of at least 14 days.\n(sec.18-ssec.2) If the applicant fails to comply with the chief executive’s requirement within the stated reasonable period, the applicant is taken to have withdrawn the application.","sortOrder":26},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence","content":"## Suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence","content":"### sec.19 Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence\n\nEach of the following is a ground for suspending, cancelling, refusing to renew or restore, or imposing a condition on a licence—\nthe licence, or a renewal or restoration of the licence, was obtained because of materially incorrect or misleading information;\nthe licensee or an associate of the licensee has failed to comply with a condition of the licence;\nthe licensee or an associate of the licensee has been convicted of an offence against this Act, the repealed Act or a law of another State that provides for the same matter as this Act within the last 5 years;\nthe licensee is no longer a suitable person to hold a licence.\nSee section 7 .\nHowever, for subsection (1) (d) and section 20 , it is not a ground for suspending, cancelling, refusing to renew or restore, or imposing a condition on a licence that the licensee, or an associate of the licensee—\nis convicted of a disqualifying offence for which a conviction is recorded; or\nbecomes subject to a relevant control order.\nSee section 15 for refusals to renew or restore licences in the circumstances mentioned in this subsection.\nSee section 21A for cancellation of licences in the circumstances mentioned in this subsection.\nIn this section—\nrepealed Act means the Second-hand Dealers and Collectors Act 1984 or the Pawnbrokers Act 1984 .\ns 19 amd 2006 No. 10 s 89 sch 2 ; 2008 No. 69 s 86 ; 2013 No. 64 s 164 ; 2016 No. 62 s 367\n(sec.19-ssec.1) Each of the following is a ground for suspending, cancelling, refusing to renew or restore, or imposing a condition on a licence— the licence, or a renewal or restoration of the licence, was obtained because of materially incorrect or misleading information; the licensee or an associate of the licensee has failed to comply with a condition of the licence; the licensee or an associate of the licensee has been convicted of an offence against this Act, the repealed Act or a law of another State that provides for the same matter as this Act within the last 5 years; the licensee is no longer a suitable person to hold a licence. See section 7 .\n(sec.19-ssec.2) However, for subsection (1) (d) and section 20 , it is not a ground for suspending, cancelling, refusing to renew or restore, or imposing a condition on a licence that the licensee, or an associate of the licensee— is convicted of a disqualifying offence for which a conviction is recorded; or becomes subject to a relevant control order. See section 15 for refusals to renew or restore licences in the circumstances mentioned in this subsection. See section 21A for cancellation of licences in the circumstances mentioned in this subsection.\n(sec.19-ssec.3) In this section— repealed Act means the Second-hand Dealers and Collectors Act 1984 or the Pawnbrokers Act 1984 .\n- (a) the licence, or a renewal or restoration of the licence, was obtained because of materially incorrect or misleading information;\n- (b) the licensee or an associate of the licensee has failed to comply with a condition of the licence;\n- (c) the licensee or an associate of the licensee has been convicted of an offence against this Act, the repealed Act or a law of another State that provides for the same matter as this Act within the last 5 years;\n- (d) the licensee is no longer a suitable person to hold a licence. Note— See section 7 .\n- (a) is convicted of a disqualifying offence for which a conviction is recorded; or\n- (b) becomes subject to a relevant control order.\n- 1 See section 15 for refusals to renew or restore licences in the circumstances mentioned in this subsection.\n- 2 See section 21A for cancellation of licences in the circumstances mentioned in this subsection.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence","content":"### sec.20 Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence\n\nIf the chief executive believes reasonable grounds exist to suspend, cancel, refuse to renew or restore, or impose a condition on a licence (the action ), the chief executive must give the licensee a notice (the show cause notice ) that—\nstates the action proposed and—\nif the proposed action is to suspend the licence—states the proposed suspension period; and\nif the proposed action is to impose a condition on a licence—states the proposed condition; and\nstates the grounds for proposing to take the action; and\noutlines the facts and circumstances that form the basis for the chief executive’s belief; and\ninvites the licensee to make written representations, within a stated time of not less than 28 days, why the action proposed should not be taken.\nIf, after considering all written representations made within the stated time, the chief executive still believes grounds exist to take the action, the chief executive may—\nif the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or\nif the show cause notice stated the action proposed was to cancel the licence—\ncancel the licence; or\nsuspend the licence for a period; or\nif the show cause notice stated the action proposed was not to renew or restore the licence—\nrefuse to renew or restore the licence; or\nrefuse to renew or restore the license for a period; or\nif the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence, or impose another condition on the licence to which the licensee has consented in writing.\nThe chief executive must give the licensee a QCAT information notice for the decision within 14 days after the decision is made.\nThe decision takes effect on the later of the following—\nthe day on which the notice is given to the licensee;\nthe day stated in the notice.\ns 20 amd 2009 No. 24 s 766\n(sec.20-ssec.1) If the chief executive believes reasonable grounds exist to suspend, cancel, refuse to renew or restore, or impose a condition on a licence (the action ), the chief executive must give the licensee a notice (the show cause notice ) that— states the action proposed and— if the proposed action is to suspend the licence—states the proposed suspension period; and if the proposed action is to impose a condition on a licence—states the proposed condition; and states the grounds for proposing to take the action; and outlines the facts and circumstances that form the basis for the chief executive’s belief; and invites the licensee to make written representations, within a stated time of not less than 28 days, why the action proposed should not be taken.\n(sec.20-ssec.2) If, after considering all written representations made within the stated time, the chief executive still believes grounds exist to take the action, the chief executive may— if the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or if the show cause notice stated the action proposed was to cancel the licence— cancel the licence; or suspend the licence for a period; or if the show cause notice stated the action proposed was not to renew or restore the licence— refuse to renew or restore the licence; or refuse to renew or restore the license for a period; or if the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence, or impose another condition on the licence to which the licensee has consented in writing.\n(sec.20-ssec.3) The chief executive must give the licensee a QCAT information notice for the decision within 14 days after the decision is made.\n(sec.20-ssec.4) The decision takes effect on the later of the following— the day on which the notice is given to the licensee; the day stated in the notice.\n- (a) states the action proposed and— (i) if the proposed action is to suspend the licence—states the proposed suspension period; and (ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and\n- (i) if the proposed action is to suspend the licence—states the proposed suspension period; and\n- (ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and\n- (b) states the grounds for proposing to take the action; and\n- (c) outlines the facts and circumstances that form the basis for the chief executive’s belief; and\n- (d) invites the licensee to make written representations, within a stated time of not less than 28 days, why the action proposed should not be taken.\n- (i) if the proposed action is to suspend the licence—states the proposed suspension period; and\n- (ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and\n- (a) if the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or\n- (b) if the show cause notice stated the action proposed was to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period; or\n- (i) cancel the licence; or\n- (ii) suspend the licence for a period; or\n- (c) if the show cause notice stated the action proposed was not to renew or restore the licence— (i) refuse to renew or restore the licence; or (ii) refuse to renew or restore the license for a period; or\n- (i) refuse to renew or restore the licence; or\n- (ii) refuse to renew or restore the license for a period; or\n- (d) if the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence, or impose another condition on the licence to which the licensee has consented in writing.\n- (i) cancel the licence; or\n- (ii) suspend the licence for a period; or\n- (i) refuse to renew or restore the licence; or\n- (ii) refuse to renew or restore the license for a period; or\n- (a) the day on which the notice is given to the licensee;\n- (b) the day stated in the notice.","sortOrder":29},{"sectionNumber":"sec.20A","sectionType":"section","heading":null,"content":"### Section sec.20A\n\ns 20A ins 2013 No. 64 s 165\nom 2016 No. 62 s 368","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Return of licence","content":"### sec.21 Return of licence\n\nIf the chief executive decides to suspend, cancel, refuse to renew or restore, or impose a condition on a licensee’s licence, the licensee must, within 14 days of the chief executive’s decision taking effect, return the licence to the chief executive unless—\nthe chief executive gives the licensee written consent for the licensee to keep the licence for a period; or\nthe licensee has a reasonable excuse for not returning the licence.\nMaximum penalty—20 penalty units.\nSee section 20 (4) .\nIf a licence returned to the chief executive after suspension is still current at the end of the suspension period, the chief executive must return the licence to the licensee.\nIf a licence is returned to the chief executive after a condition is imposed on the licence, the chief executive must give the licensee another copy of the licence stating the condition.\ns 21 amd 2013 No. 64 s 166 ; 2016 No. 62 s 369\n(sec.21-ssec.1) If the chief executive decides to suspend, cancel, refuse to renew or restore, or impose a condition on a licensee’s licence, the licensee must, within 14 days of the chief executive’s decision taking effect, return the licence to the chief executive unless— the chief executive gives the licensee written consent for the licensee to keep the licence for a period; or the licensee has a reasonable excuse for not returning the licence. Maximum penalty—20 penalty units. See section 20 (4) .\n(sec.21-ssec.2) If a licence returned to the chief executive after suspension is still current at the end of the suspension period, the chief executive must return the licence to the licensee.\n(sec.21-ssec.3) If a licence is returned to the chief executive after a condition is imposed on the licence, the chief executive must give the licensee another copy of the licence stating the condition.\n- (a) the chief executive gives the licensee written consent for the licensee to keep the licence for a period; or\n- (b) the licensee has a reasonable excuse for not returning the licence.","sortOrder":31},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Automatic cancellation","content":"### sec.21A Automatic cancellation\n\nA licensee’s licence is cancelled if the licensee, or an associate of the licensee—\nis convicted of a disqualifying offence for which a conviction is recorded; or\nbecomes subject to a relevant control order.\nA person whose licence is cancelled under subsection (1) must return the licence to the chief executive within 14 days after the happening of the event mentioned in subsection (1) .\nMaximum penalty for subsection (2) —20 penalty units.\ns 21A ins 2016 No. 62 s 370\n(sec.21A-ssec.1) A licensee’s licence is cancelled if the licensee, or an associate of the licensee— is convicted of a disqualifying offence for which a conviction is recorded; or becomes subject to a relevant control order.\n(sec.21A-ssec.2) A person whose licence is cancelled under subsection (1) must return the licence to the chief executive within 14 days after the happening of the event mentioned in subsection (1) . Maximum penalty for subsection (2) —20 penalty units.\n- (a) is convicted of a disqualifying offence for which a conviction is recorded; or\n- (b) becomes subject to a relevant control order.","sortOrder":32},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Other provisions about licences","content":"## Other provisions about licences","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Condition that licensee comply with local laws","content":"### sec.22 Condition that licensee comply with local laws\n\nIt is a condition of a licence that the licensee comply with a local law about the carrying on of the licensee’s business under the licence.","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Condition that second-hand dealer not enter or remain at premises","content":"### sec.23 Condition that second-hand dealer not enter or remain at premises\n\nIt is a condition of a second-hand dealer’s licence that the second-hand dealer, when acquiring property for the second-hand dealer’s business from a person at premises, not enter or remain at the premises without the permission of the owner or occupier of the premises.","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"Authorised place","content":"### sec.24 Authorised place\n\nA place is an authorised place for a licence if—\nthe licensee’s application for the licence under section 10 stated that the licensee intended to carry on business at the place; or\nthe place is a place approved by the chief executive under section 25 as an authorised place for the licence.\n- (a) the licensee’s application for the licence under section 10 stated that the licensee intended to carry on business at the place; or\n- (b) the place is a place approved by the chief executive under section 25 as an authorised place for the licence.","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Change of authorised place","content":"### sec.25 Change of authorised place\n\nA licensee may apply to the chief executive to approve a place as an authorised place for the licensee’s licence.\nThe application must be in the approved form and be accompanied by the fee prescribed under a regulation.\nThe licensee must indicate in the application—\nwhether the place is to be the licensee’s principal place of business; and\nwhether the licensee intends to continue to carry on business at each other approved place for the licence.\nThe chief executive must consider each application and—\napprove the place as an authorised place for the licence, with or without conditions; or\nrefuse to approve the place as an authorised place for the licence.\nIf the chief executive decides to refuse to approve the place as an authorised place for the licence, the chief executive must give the applicant a QCAT information notice for the decision.\nIf the chief executive approves the application, the licensee must, within 7 days of the licensee receiving notice of the approval, give the chief executive the licensee’s licence.\nMaximum penalty—50 penalty units.\nIf the chief executive is given a licence under subsection (6) , the chief executive must give the licensee another copy of the licence stating the authorised place approved by the chief executive for the licence.\ns 25 amd 2009 No. 24 s 767\n(sec.25-ssec.1) A licensee may apply to the chief executive to approve a place as an authorised place for the licensee’s licence.\n(sec.25-ssec.2) The application must be in the approved form and be accompanied by the fee prescribed under a regulation.\n(sec.25-ssec.3) The licensee must indicate in the application— whether the place is to be the licensee’s principal place of business; and whether the licensee intends to continue to carry on business at each other approved place for the licence.\n(sec.25-ssec.4) The chief executive must consider each application and— approve the place as an authorised place for the licence, with or without conditions; or refuse to approve the place as an authorised place for the licence.\n(sec.25-ssec.5) If the chief executive decides to refuse to approve the place as an authorised place for the licence, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.25-ssec.6) If the chief executive approves the application, the licensee must, within 7 days of the licensee receiving notice of the approval, give the chief executive the licensee’s licence. Maximum penalty—50 penalty units.\n(sec.25-ssec.7) If the chief executive is given a licence under subsection (6) , the chief executive must give the licensee another copy of the licence stating the authorised place approved by the chief executive for the licence.\n- (a) whether the place is to be the licensee’s principal place of business; and\n- (b) whether the licensee intends to continue to carry on business at each other approved place for the licence.\n- (a) approve the place as an authorised place for the licence, with or without conditions; or\n- (b) refuse to approve the place as an authorised place for the licence.","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Licence to include particular information","content":"### sec.26 Licence to include particular information\n\nA licence must include the following information—\neach authorised place for the licence;\nany condition imposed on the licence by the chief executive.\nHowever, if the licence is issued to a licensee for carrying on business at a location, the licence must state—\nfor a licence to carry on business as a second-hand dealer—an address where the licensee’s transactions register is to be maintained and may be inspected; or\nfor a licence to carry on business as a pawnbroker—an address where the licensee’s property register is to be maintained and may be inspected, and property taken as a pawn is located.\n(sec.26-ssec.1) A licence must include the following information— each authorised place for the licence; any condition imposed on the licence by the chief executive.\n(sec.26-ssec.2) However, if the licence is issued to a licensee for carrying on business at a location, the licence must state— for a licence to carry on business as a second-hand dealer—an address where the licensee’s transactions register is to be maintained and may be inspected; or for a licence to carry on business as a pawnbroker—an address where the licensee’s property register is to be maintained and may be inspected, and property taken as a pawn is located.\n- (a) each authorised place for the licence;\n- (b) any condition imposed on the licence by the chief executive.\n- (a) for a licence to carry on business as a second-hand dealer—an address where the licensee’s transactions register is to be maintained and may be inspected; or\n- (b) for a licence to carry on business as a pawnbroker—an address where the licensee’s property register is to be maintained and may be inspected, and property taken as a pawn is located.","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Change of licensee’s address","content":"### sec.27 Change of licensee’s address\n\nIf a licensee changes the licensee’s home address, or an address (the register address ) mentioned in section 26 (2) (a) or (b) , the licensee must, within 7 days after the change, give the chief executive—\nfor a change of home address—notice of the change; or\nfor a change of register address—\nsigned notice of the change; and\nthe licensee’s licence.\nMaximum penalty—50 penalty units.\nIf the chief executive is given a licence under subsection (1) (b) (ii) and is satisfied of the correctness of the change, the chief executive must give the licensee another copy of the licence stating the new address.\ns 27 amd 2016 No. 62 s 371\n(sec.27-ssec.1) If a licensee changes the licensee’s home address, or an address (the register address ) mentioned in section 26 (2) (a) or (b) , the licensee must, within 7 days after the change, give the chief executive— for a change of home address—notice of the change; or for a change of register address— signed notice of the change; and the licensee’s licence. Maximum penalty—50 penalty units.\n(sec.27-ssec.2) If the chief executive is given a licence under subsection (1) (b) (ii) and is satisfied of the correctness of the change, the chief executive must give the licensee another copy of the licence stating the new address.\n- (a) for a change of home address—notice of the change; or\n- (b) for a change of register address— (i) signed notice of the change; and (ii) the licensee’s licence.\n- (i) signed notice of the change; and\n- (ii) the licensee’s licence.\n- (i) signed notice of the change; and\n- (ii) the licensee’s licence.","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Licence to be kept on premises or with licensee","content":"### sec.28 Licence to be kept on premises or with licensee\n\nIf a licence authorises the licensee to carry on business under the licence at premises, the licensee must keep the licence or a copy of it at the premises stated in the licence.\nMaximum penalty—100 penalty units.\nIf a license authorises the licensee to carry on business under the licence at a location, the licensee must carry the licence or a copy of it when carrying on business at the location.\nMaximum penalty—100 penalty units.\n(sec.28-ssec.1) If a licence authorises the licensee to carry on business under the licence at premises, the licensee must keep the licence or a copy of it at the premises stated in the licence. Maximum penalty—100 penalty units.\n(sec.28-ssec.2) If a license authorises the licensee to carry on business under the licence at a location, the licensee must carry the licence or a copy of it when carrying on business at the location. Maximum penalty—100 penalty units.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Change of associate","content":"### sec.29 Change of associate\n\nSubsection (2) applies if either of the following events happen—\na person becomes an associate of a licensee;\na person stops being an associate of a licensee.\nThe licensee must give the chief executive signed notice of the event, within 14 days after the day it happens.\nMaximum penalty—50 penalty units.\n(sec.29-ssec.1) Subsection (2) applies if either of the following events happen— a person becomes an associate of a licensee; a person stops being an associate of a licensee.\n(sec.29-ssec.2) The licensee must give the chief executive signed notice of the event, within 14 days after the day it happens. Maximum penalty—50 penalty units.\n- (a) a person becomes an associate of a licensee;\n- (b) a person stops being an associate of a licensee.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Licensee must give notice if licence lost, stolen, destroyed or damaged","content":"### sec.30 Licensee must give notice if licence lost, stolen, destroyed or damaged\n\nIf a licensee’s licence is lost, stolen, destroyed or damaged in a way that requires its replacement, the licensee must give the chief executive signed notice as soon as practicable after becoming aware the licence is lost, stolen, destroyed or damaged in a way that requires its replacement.\nMaximum penalty—50 penalty units.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Replacement of lost, stolen, destroyed or damaged licence","content":"### sec.31 Replacement of lost, stolen, destroyed or damaged licence\n\nA licensee may, by signed application, request the chief executive replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.\nThe application must be accompanied by the fee prescribed under a regulation.\nThe chief executive must consider each application and—\nreplace the licence; or\nrefuse to replace the licence.\nThe chief executive must replace the licence if the chief executive is satisfied the licence has been lost, stolen, destroyed or damaged in a way that requires its replacement.\nIf the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision.\ns 31 amd 2009 No. 24 s 768\n(sec.31-ssec.1) A licensee may, by signed application, request the chief executive replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.\n(sec.31-ssec.2) The application must be accompanied by the fee prescribed under a regulation.\n(sec.31-ssec.3) The chief executive must consider each application and— replace the licence; or refuse to replace the licence.\n(sec.31-ssec.4) The chief executive must replace the licence if the chief executive is satisfied the licence has been lost, stolen, destroyed or damaged in a way that requires its replacement.\n(sec.31-ssec.5) If the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision.\n- (a) replace the licence; or\n- (b) refuse to replace the licence.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Surrender of licence","content":"### sec.32 Surrender of licence\n\nA licensee may surrender the licensee’s licence by signed notice given to the chief executive.\nThe surrender of the licence takes effect on the day the notice of surrender is given to the chief executive or, if a later day of effect is stated in the notice, the later day.\nThe licensee must return the licence to the chief executive within 14 days after surrender takes effect, unless the licensee has a reasonable excuse.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.32-ssec.1) A licensee may surrender the licensee’s licence by signed notice given to the chief executive.\n(sec.32-ssec.2) The surrender of the licence takes effect on the day the notice of surrender is given to the chief executive or, if a later day of effect is stated in the notice, the later day.\n(sec.32-ssec.3) The licensee must return the licence to the chief executive within 14 days after surrender takes effect, unless the licensee has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Return of expired licence","content":"### sec.33 Return of expired licence\n\nA licensee must return the licensee’s licence to the chief executive, within 14 days after the licence expires, unless—\nthe licensee has applied for the renewal or restoration of the licence under section 13 or 14 , and the application has not been decided by the chief executive; or\nthe licensee has a reasonable excuse.\nMaximum penalty—20 penalty units.\n- (a) the licensee has applied for the renewal or restoration of the licence under section 13 or 14 , and the application has not been decided by the chief executive; or\n- (b) the licensee has a reasonable excuse.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Licence not transferable","content":"### sec.34 Licence not transferable\n\nA licence can not be assigned or transferred to another person.","sortOrder":46},{"sectionNumber":"pt.4","sectionType":"part","heading":"Conduct of business","content":"# Conduct of business","sortOrder":47},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Second-hand dealers","content":"## Second-hand dealers","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Where business may be carried on","content":"### sec.35 Where business may be carried on\n\nA second-hand dealer must not carry on business as a second-hand dealer at a place other than an authorised place.\nMaximum penalty—200 penalty units.\nHowever, the second-hand dealer does not contravene subsection (1) if the second-hand dealer is—\nacquiring second-hand property from a person; or\ncarrying on business at a public auction conducted by a chattel auctioneer licensed under the Motor Dealers and Chattel Auctioneers Act 2014 .\ns 35 amd 2014 No. 20 s 238 sch 3 pt 2\n(sec.35-ssec.1) A second-hand dealer must not carry on business as a second-hand dealer at a place other than an authorised place. Maximum penalty—200 penalty units.\n(sec.35-ssec.2) However, the second-hand dealer does not contravene subsection (1) if the second-hand dealer is— acquiring second-hand property from a person; or carrying on business at a public auction conducted by a chattel auctioneer licensed under the Motor Dealers and Chattel Auctioneers Act 2014 .\n- (a) acquiring second-hand property from a person; or\n- (b) carrying on business at a public auction conducted by a chattel auctioneer licensed under the Motor Dealers and Chattel Auctioneers Act 2014 .","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Second-hand dealer must identify place of business","content":"### sec.36 Second-hand dealer must identify place of business\n\nA second-hand dealer must clearly display at each authorised place the second-hand dealer is carrying on business as a second-hand dealer—\nthe second-hand dealer’s name in legible characters at least 50mm high; and\nthe words ‘licensed dealer in second-hand property’ near the name of the second-hand dealer; and\nif the person in effective control of the business at the place is an associate of the second-hand dealer—\nthe associate’s name in legible characters at least 50mm high; and\nthe word ‘associate’ near the name of the associate.\nMaximum penalty—50 penalty units.\n- (a) the second-hand dealer’s name in legible characters at least 50mm high; and\n- (b) the words ‘licensed dealer in second-hand property’ near the name of the second-hand dealer; and\n- (c) if the person in effective control of the business at the place is an associate of the second-hand dealer— (i) the associate’s name in legible characters at least 50mm high; and (ii) the word ‘associate’ near the name of the associate.\n- (i) the associate’s name in legible characters at least 50mm high; and\n- (ii) the word ‘associate’ near the name of the associate.\n- (i) the associate’s name in legible characters at least 50mm high; and\n- (ii) the word ‘associate’ near the name of the associate.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Second-hand dealer must keep a transactions register","content":"### sec.37 Second-hand dealer must keep a transactions register\n\nA second-hand dealer must keep a printed or an electronic register of transactions ( transactions register ), in a way prescribed under a regulation, for each authorised place for the second-hand dealer’s licence.\nMaximum penalty—200 penalty units.\nThe second-hand dealer must, before or immediately after each second-hand property transaction at an authorised place, enter in the transactions register for the place the particulars prescribed under a regulation for the transaction.\nMaximum penalty—200 penalty units.\nA second-hand dealer must not separate second-hand property into parts to avoid entering the particulars for a second-hand property transaction.\nMaximum penalty—200 penalty units.\nIf the second-hand property transaction happens at a place other than an authorised place, the second-hand dealer must, as soon as practicable after the transaction, enter in the transactions register for the second-hand dealer’s principal place of business the particulars prescribed under a regulation for the transaction.\nMaximum penalty—200 penalty units.\nIn this section—\nsecond-hand property transaction means a transaction for the acquisition, sale or disposal of—\nsecond-hand property with a resale value of at least $55; or\nsecond-hand property that is jewellery, contains precious metals or is property that may be identified by—\na make, model or serial number on the property; or\nan inscription.\n(sec.37-ssec.1) A second-hand dealer must keep a printed or an electronic register of transactions ( transactions register ), in a way prescribed under a regulation, for each authorised place for the second-hand dealer’s licence. Maximum penalty—200 penalty units.\n(sec.37-ssec.2) The second-hand dealer must, before or immediately after each second-hand property transaction at an authorised place, enter in the transactions register for the place the particulars prescribed under a regulation for the transaction. Maximum penalty—200 penalty units.\n(sec.37-ssec.3) A second-hand dealer must not separate second-hand property into parts to avoid entering the particulars for a second-hand property transaction. Maximum penalty—200 penalty units.\n(sec.37-ssec.4) If the second-hand property transaction happens at a place other than an authorised place, the second-hand dealer must, as soon as practicable after the transaction, enter in the transactions register for the second-hand dealer’s principal place of business the particulars prescribed under a regulation for the transaction. Maximum penalty—200 penalty units.\n(sec.37-ssec.5) In this section— second-hand property transaction means a transaction for the acquisition, sale or disposal of— second-hand property with a resale value of at least $55; or second-hand property that is jewellery, contains precious metals or is property that may be identified by— a make, model or serial number on the property; or an inscription.\n- (a) second-hand property with a resale value of at least $55; or\n- (b) second-hand property that is jewellery, contains precious metals or is property that may be identified by— (i) a make, model or serial number on the property; or (ii) an inscription.\n- (i) a make, model or serial number on the property; or\n- (ii) an inscription.\n- (i) a make, model or serial number on the property; or\n- (ii) an inscription.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Place transactions register to be kept","content":"### sec.38 Place transactions register to be kept\n\nSubsection (2) applies if a second-hand dealer is authorised to carry on business under the second-hand dealer’s licence at premises.\nThe second-hand dealer must keep the transactions register for the premises at the premises.\nMaximum penalty—100 penalty units.\nSubsection (4) applies if a second-hand dealer is authorised to carry on business under the second-hand dealer’s licence at a location and the second-hand dealer is not carrying on business as a second-hand dealer at the location.\nThe second-hand dealer must keep the transactions register for the location at the address stated on the licence under section 26 (2) (a) .\nMaximum penalty—100 penalty units.\n(sec.38-ssec.1) Subsection (2) applies if a second-hand dealer is authorised to carry on business under the second-hand dealer’s licence at premises.\n(sec.38-ssec.2) The second-hand dealer must keep the transactions register for the premises at the premises. Maximum penalty—100 penalty units.\n(sec.38-ssec.3) Subsection (4) applies if a second-hand dealer is authorised to carry on business under the second-hand dealer’s licence at a location and the second-hand dealer is not carrying on business as a second-hand dealer at the location.\n(sec.38-ssec.4) The second-hand dealer must keep the transactions register for the location at the address stated on the licence under section 26 (2) (a) . Maximum penalty—100 penalty units.","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Second-hand dealer must give information to commissioner of police service","content":"### sec.39 Second-hand dealer must give information to commissioner of police service\n\nA second-hand dealer must give the commissioner of the police service the particulars prescribed under a regulation from the second-hand dealer’s transaction register in the way, and within the period, prescribed under a regulation.\nMaximum penalty—200 penalty units.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"False or misleading entries in transactions register","content":"### sec.40 False or misleading entries in transactions register\n\nA person must not make a false or misleading entry in a transactions register.\nMaximum penalty—200 penalty units.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Person must not alter transactions register","content":"### sec.41 Person must not alter transactions register\n\nA person must not remove an entry in a transactions register.\nMaximum penalty—200 penalty units.\nIf a second-hand dealer finds an error in an entry in the second-hand dealer’s transaction register, the second-hand dealer may correct the entry by making a new entry for the transaction in the transactions register.\nIn this section—\nremove includes alter, disguise, erase and make illegible or unintelligible.\n(sec.41-ssec.1) A person must not remove an entry in a transactions register. Maximum penalty—200 penalty units.\n(sec.41-ssec.2) If a second-hand dealer finds an error in an entry in the second-hand dealer’s transaction register, the second-hand dealer may correct the entry by making a new entry for the transaction in the transactions register.\n(sec.41-ssec.3) In this section— remove includes alter, disguise, erase and make illegible or unintelligible.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Employees must not be under 17","content":"### sec.42 Employees must not be under 17\n\nA second-hand dealer must not employ a person under 17 years to acquire second-hand property.\nMaximum penalty—200 penalty units.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Second-hand dealer taken to be in possession of second-hand property","content":"### sec.43 Second-hand dealer taken to be in possession of second-hand property\n\nA second-hand dealer is taken to be in possession of second-hand property located at a place other than a place stated on the second-hand dealer’s licence if—\nthe property is found in a place occupied by the second-hand dealer; or\nthe property is under the control of the second-hand dealer; or\nthe second-hand dealer did not sell the property in good faith and the property has been moved to another place.\nSubsection (1) applies unless the contrary is proven.\n(sec.43-ssec.1) A second-hand dealer is taken to be in possession of second-hand property located at a place other than a place stated on the second-hand dealer’s licence if— the property is found in a place occupied by the second-hand dealer; or the property is under the control of the second-hand dealer; or the second-hand dealer did not sell the property in good faith and the property has been moved to another place.\n(sec.43-ssec.2) Subsection (1) applies unless the contrary is proven.\n- (a) the property is found in a place occupied by the second-hand dealer; or\n- (b) the property is under the control of the second-hand dealer; or\n- (c) the second-hand dealer did not sell the property in good faith and the property has been moved to another place.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Second-hand dealer to keep property for 7 days","content":"### sec.44 Second-hand dealer to keep property for 7 days\n\nIf a second-hand dealer acquires nominated property, the second-hand dealer must keep the nominated property in the second-hand dealer’s possession for 7 clear working days after acquiring it.\nMaximum penalty—200 penalty units.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Second-hand dealer must not acquire property from particular persons","content":"### sec.45 Second-hand dealer must not acquire property from particular persons\n\nA second-hand dealer must not directly or indirectly acquire second-hand property from a person under 17 years, or who is under the influence of alcohol or a drug.\nMaximum penalty—200 penalty units.\nThe second-hand dealer does not contravene subsection (1) if the second-hand dealer believed, on reasonable grounds, that—\nfor property acquired from a person under 17 years—the person was at least 17 years; or\nfor property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.\n(sec.45-ssec.1) A second-hand dealer must not directly or indirectly acquire second-hand property from a person under 17 years, or who is under the influence of alcohol or a drug. Maximum penalty—200 penalty units.\n(sec.45-ssec.2) The second-hand dealer does not contravene subsection (1) if the second-hand dealer believed, on reasonable grounds, that— for property acquired from a person under 17 years—the person was at least 17 years; or for property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.\n- (a) for property acquired from a person under 17 years—the person was at least 17 years; or\n- (b) for property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"When a second-hand dealer may acquire property","content":"### sec.46 When a second-hand dealer may acquire property\n\nA second-hand dealer must not acquire second-hand property from a person at the person’s home—\non a Sunday or public holiday; or\notherwise—between 6p.m. and 7a.m.\nMaximum penalty—200 penalty units.\nHowever, the second-hand dealer does not contravene subsection (1) if the second-hand dealer obtains the person’s consent for the property to be acquired at least 1 day before the day the property is acquired.\n(sec.46-ssec.1) A second-hand dealer must not acquire second-hand property from a person at the person’s home— on a Sunday or public holiday; or otherwise—between 6p.m. and 7a.m. Maximum penalty—200 penalty units.\n(sec.46-ssec.2) However, the second-hand dealer does not contravene subsection (1) if the second-hand dealer obtains the person’s consent for the property to be acquired at least 1 day before the day the property is acquired.\n- (a) on a Sunday or public holiday; or\n- (b) otherwise—between 6p.m. and 7a.m.","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Second-hand dealer must ask for information","content":"### sec.47 Second-hand dealer must ask for information\n\nA second-hand dealer must, before acquiring second-hand property from a person, obtain from the person the following information—\nthe person’s name and address;\nverification of the person’s name and address;\nwhether or not the person is the owner of the property;\nif the person is not the owner of the property—\nthe name and address of the owner; and\nhow the person acquired the property.\nMaximum penalty—200 penalty units.\n- (a) the person’s name and address;\n- (b) verification of the person’s name and address;\n- (c) whether or not the person is the owner of the property;\n- (d) if the person is not the owner of the property— (i) the name and address of the owner; and (ii) how the person acquired the property.\n- (i) the name and address of the owner; and\n- (ii) how the person acquired the property.\n- (i) the name and address of the owner; and\n- (ii) how the person acquired the property.","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Second-hand dealer to inform police about stolen property","content":"### sec.48 Second-hand dealer to inform police about stolen property\n\nSubsection (2) applies if a second-hand dealer acquires second-hand property that may be property described as stolen or unlawfully obtained in written, printed or oral information given to the second-hand dealer by a police officer or another person.\nThe second-hand dealer must advise a police officer about the property, as soon as practicable after becoming aware that the property may be stolen or unlawfully obtained.\nMaximum penalty—200 penalty units.\n(sec.48-ssec.1) Subsection (2) applies if a second-hand dealer acquires second-hand property that may be property described as stolen or unlawfully obtained in written, printed or oral information given to the second-hand dealer by a police officer or another person.\n(sec.48-ssec.2) The second-hand dealer must advise a police officer about the property, as soon as practicable after becoming aware that the property may be stolen or unlawfully obtained. Maximum penalty—200 penalty units.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Second-hand dealer to produce licence if asked","content":"### sec.49 Second-hand dealer to produce licence if asked\n\nThis section applies if a person—\nacquires or intends to acquire second-hand property from a second-hand dealer; or\ndisposes of or intends to dispose of second-hand property to a second-hand dealer.\nThe person may, immediately before or within 24 hours after acquiring or disposing of the property, ask the second-hand dealer to show the person the second-hand dealer’s licence.\nThe second-hand dealer must show the person the licence.\nMaximum penalty for subsection (3) —50 penalty units.\n(sec.49-ssec.1) This section applies if a person— acquires or intends to acquire second-hand property from a second-hand dealer; or disposes of or intends to dispose of second-hand property to a second-hand dealer.\n(sec.49-ssec.2) The person may, immediately before or within 24 hours after acquiring or disposing of the property, ask the second-hand dealer to show the person the second-hand dealer’s licence.\n(sec.49-ssec.3) The second-hand dealer must show the person the licence. Maximum penalty for subsection (3) —50 penalty units.\n- (a) acquires or intends to acquire second-hand property from a second-hand dealer; or\n- (b) disposes of or intends to dispose of second-hand property to a second-hand dealer.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Holding out place as second-hand dealer’s business","content":"### sec.50 Holding out place as second-hand dealer’s business\n\nA person must not hold out a place as being a place where a second-hand dealer carries on business if the place is not an authorised place for a second-hand dealer.\nMaximum penalty—200 penalty units.","sortOrder":64},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Pawnbrokers","content":"## Pawnbrokers","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Where business may be carried on","content":"### sec.51 Where business may be carried on\n\nA pawnbroker must not carry on business as a pawnbroker at a place other than an authorised place.\nMaximum penalty—200 penalty units.","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Pawnbroker must identify place of business","content":"### sec.52 Pawnbroker must identify place of business\n\nA pawnbroker must clearly display at each authorised place the pawnbroker is carrying on business as a pawnbroker—\nthe pawnbroker’s name in legible characters at least 50mm high; and\nthe words ‘licensed pawnbroker’ near the name of the pawnbroker; and\nif a person in effective control of the business at a place is an associate of the pawnbroker—\nthe associate’s name in legible characters at least 50mm high; and\nthe word ‘associate’ near the name of the associate.\nMaximum penalty—50 penalty units.\n- (a) the pawnbroker’s name in legible characters at least 50mm high; and\n- (b) the words ‘licensed pawnbroker’ near the name of the pawnbroker; and\n- (c) if a person in effective control of the business at a place is an associate of the pawnbroker— (i) the associate’s name in legible characters at least 50mm high; and (ii) the word ‘associate’ near the name of the associate.\n- (i) the associate’s name in legible characters at least 50mm high; and\n- (ii) the word ‘associate’ near the name of the associate.\n- (i) the associate’s name in legible characters at least 50mm high; and\n- (ii) the word ‘associate’ near the name of the associate.","sortOrder":67},{"sectionNumber":"sec.53","sectionType":"section","heading":"Pawnbroker must keep a property register","content":"### sec.53 Pawnbroker must keep a property register\n\nA pawnbroker must keep a printed or an electronic register of property taken as a pawn by the pawnbroker ( property register ) in a way prescribed under a regulation, for each authorised place for the pawnbroker’s licence.\nMaximum penalty—200 penalty units.\nThe pawnbroker must, before or immediately after the pawnbroker gives a person money for property taken as a pawn from the person, enter in the property register for the place the particulars prescribed under a regulation for the pawned property.\nMaximum penalty—200 penalty units.\n(sec.53-ssec.1) A pawnbroker must keep a printed or an electronic register of property taken as a pawn by the pawnbroker ( property register ) in a way prescribed under a regulation, for each authorised place for the pawnbroker’s licence. Maximum penalty—200 penalty units.\n(sec.53-ssec.2) The pawnbroker must, before or immediately after the pawnbroker gives a person money for property taken as a pawn from the person, enter in the property register for the place the particulars prescribed under a regulation for the pawned property. Maximum penalty—200 penalty units.","sortOrder":68},{"sectionNumber":"sec.54","sectionType":"section","heading":"Place property register to be kept","content":"### sec.54 Place property register to be kept\n\nSubsection (2) applies if a pawnbroker is authorised to carry on business under the pawnbroker’s licence at premises.\nThe pawnbroker must keep the property register for the premises at the premises.\nMaximum penalty—100 penalty units.\nSubsection (4) applies if a pawnbroker is authorised to carry on business under the pawnbroker’s licence at a location and the pawnbroker is not carrying on business as a pawnbroker at the location.\nThe pawnbroker must keep the property register for the location at the address stated on the licence under section 26 (2) (b) .\nMaximum penalty—100 penalty units.\n(sec.54-ssec.1) Subsection (2) applies if a pawnbroker is authorised to carry on business under the pawnbroker’s licence at premises.\n(sec.54-ssec.2) The pawnbroker must keep the property register for the premises at the premises. Maximum penalty—100 penalty units.\n(sec.54-ssec.3) Subsection (4) applies if a pawnbroker is authorised to carry on business under the pawnbroker’s licence at a location and the pawnbroker is not carrying on business as a pawnbroker at the location.\n(sec.54-ssec.4) The pawnbroker must keep the property register for the location at the address stated on the licence under section 26 (2) (b) . Maximum penalty—100 penalty units.","sortOrder":69},{"sectionNumber":"sec.55","sectionType":"section","heading":"Pawnbroker must give information to commissioner of police service","content":"### sec.55 Pawnbroker must give information to commissioner of police service\n\nA pawnbroker must give the commissioner of the police service the particulars prescribed under a regulation from the pawnbroker’s property register in the way, and within a period, prescribed under a regulation.\nMaximum penalty—200 penalty units.","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"False and misleading entries in property register","content":"### sec.56 False and misleading entries in property register\n\nA person must not make a false or misleading entry in a property register.\nMaximum penalty—200 penalty units.","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Person must not alter property register","content":"### sec.57 Person must not alter property register\n\nA person must not remove an entry in a property register.\nMaximum penalty—200 penalty units.\nIf a pawnbroker finds an error in an entry in the pawnbroker’s property register, the pawnbroker may correct the entry by making a new entry for the transaction in the property register.\nIn this section—\nremove includes alter, disguise, erase and make illegible or unintelligible.\n(sec.57-ssec.1) A person must not remove an entry in a property register. Maximum penalty—200 penalty units.\n(sec.57-ssec.2) If a pawnbroker finds an error in an entry in the pawnbroker’s property register, the pawnbroker may correct the entry by making a new entry for the transaction in the property register.\n(sec.57-ssec.3) In this section— remove includes alter, disguise, erase and make illegible or unintelligible.","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Pawnbroker must give a person a pawn ticket","content":"### sec.58 Pawnbroker must give a person a pawn ticket\n\nIf a pawnbroker takes property as a pawn from a person, the pawnbroker must give the person a legible copy of the entry made in the pawnbroker’s property register for the transaction (a pawn ticket ).\nMaximum penalty—200 penalty units.\nThe pawn ticket must include the number allotted to the entry and the name of the pawnbroker.\nThe person has a right to receive a copy of the pawn ticket (a replacement pawn ticket ) from the pawnbroker, if the person is able to prove to the satisfaction of the pawnbroker, by declaration under the Oaths Act 1867 or in another way—\nthe person’s identity; and\nthe pawn ticket was lost, destroyed or stolen.\n(sec.58-ssec.1) If a pawnbroker takes property as a pawn from a person, the pawnbroker must give the person a legible copy of the entry made in the pawnbroker’s property register for the transaction (a pawn ticket ). Maximum penalty—200 penalty units.\n(sec.58-ssec.2) The pawn ticket must include the number allotted to the entry and the name of the pawnbroker.\n(sec.58-ssec.3) The person has a right to receive a copy of the pawn ticket (a replacement pawn ticket ) from the pawnbroker, if the person is able to prove to the satisfaction of the pawnbroker, by declaration under the Oaths Act 1867 or in another way— the person’s identity; and the pawn ticket was lost, destroyed or stolen.\n- (a) the person’s identity; and\n- (b) the pawn ticket was lost, destroyed or stolen.","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Presumption of right to redeem","content":"### sec.59 Presumption of right to redeem\n\nThis section applies if a person asks to redeem property taken as a pawn by a pawnbroker and the person gives the pawnbroker a pawn ticket or a replacement pawn ticket for the property.\nThe person is taken to be the owner of the ticket or to be acting under the authority of the owner.\nThe person has a right to redeem the property unless—\nthe property has been seized under the FTI Act or by a police officer, and has not been returned to the pawnbroker; or\nbefore the pawnbroker gives the person the property, the pawnbroker is informed—\nby another person claiming to be the owner of the ticket that the ticket has been lost or taken without the other person’s consent; or\nby a credible person that the property has been stolen.\ns 59 amd 2014 No. 8 s 157\n(sec.59-ssec.1) This section applies if a person asks to redeem property taken as a pawn by a pawnbroker and the person gives the pawnbroker a pawn ticket or a replacement pawn ticket for the property.\n(sec.59-ssec.2) The person is taken to be the owner of the ticket or to be acting under the authority of the owner.\n(sec.59-ssec.3) The person has a right to redeem the property unless— the property has been seized under the FTI Act or by a police officer, and has not been returned to the pawnbroker; or before the pawnbroker gives the person the property, the pawnbroker is informed— by another person claiming to be the owner of the ticket that the ticket has been lost or taken without the other person’s consent; or by a credible person that the property has been stolen.\n- (a) the property has been seized under the FTI Act or by a police officer, and has not been returned to the pawnbroker; or\n- (b) before the pawnbroker gives the person the property, the pawnbroker is informed— (i) by another person claiming to be the owner of the ticket that the ticket has been lost or taken without the other person’s consent; or (ii) by a credible person that the property has been stolen.\n- (i) by another person claiming to be the owner of the ticket that the ticket has been lost or taken without the other person’s consent; or\n- (ii) by a credible person that the property has been stolen.\n- (i) by another person claiming to be the owner of the ticket that the ticket has been lost or taken without the other person’s consent; or\n- (ii) by a credible person that the property has been stolen.","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Pawnbroker must not sell property before redemption period expires","content":"### sec.60 Pawnbroker must not sell property before redemption period expires\n\nA pawnbroker must not sell or dispose of property, taken by the pawnbroker as a pawn, before the redemption period expires for the property.\nMaximum penalty—200 penalty units.\nThe redemption period for property taken as a pawn is 3 months from the day the person pawned the property, or a longer period agreed between the pawnbroker and the person.\nIf a redemption period longer than 3 months is agreed to, the pawnbroker must enter the agreed period in the property register for the transaction.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.60-ssec.1) A pawnbroker must not sell or dispose of property, taken by the pawnbroker as a pawn, before the redemption period expires for the property. Maximum penalty—200 penalty units.\n(sec.60-ssec.2) The redemption period for property taken as a pawn is 3 months from the day the person pawned the property, or a longer period agreed between the pawnbroker and the person.\n(sec.60-ssec.3) If a redemption period longer than 3 months is agreed to, the pawnbroker must enter the agreed period in the property register for the transaction. Maximum penalty for subsection (3) —20 penalty units.","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Disposal of pawned property","content":"### sec.61 Disposal of pawned property\n\nSubsection (2) applies if the redemption period for property taken as a pawn expires and the property is sold or disposed of.\nThe pawnbroker must enter in the pawnbroker’s property register the particulars prescribed under a regulation for the property.\nMaximum penalty—200 penalty units.\n(sec.61-ssec.1) Subsection (2) applies if the redemption period for property taken as a pawn expires and the property is sold or disposed of.\n(sec.61-ssec.2) The pawnbroker must enter in the pawnbroker’s property register the particulars prescribed under a regulation for the property. Maximum penalty—200 penalty units.","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"If property is not redeemed within the redemption period","content":"### sec.62 If property is not redeemed within the redemption period\n\nSubsection (2) applies if—\na pawnbroker has advanced an amount less than $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and\nthe property has not been redeemed before the redemption period for the property expires.\nOn expiry of the redemption period, the property becomes the property of the pawnbroker and the person who pawned the property loses all claim to the property.\nSubsection (4) applies if—\na pawnbroker has advanced an amount that is at least $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and\nthe property has not been redeemed before the redemption period for the property expires.\nOn expiry of the redemption period, the pawnbroker may sell the property free of any claim by the person who pawned the property.\n(sec.62-ssec.1) Subsection (2) applies if— a pawnbroker has advanced an amount less than $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and the property has not been redeemed before the redemption period for the property expires.\n(sec.62-ssec.2) On expiry of the redemption period, the property becomes the property of the pawnbroker and the person who pawned the property loses all claim to the property.\n(sec.62-ssec.3) Subsection (4) applies if— a pawnbroker has advanced an amount that is at least $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and the property has not been redeemed before the redemption period for the property expires.\n(sec.62-ssec.4) On expiry of the redemption period, the pawnbroker may sell the property free of any claim by the person who pawned the property.\n- (a) a pawnbroker has advanced an amount less than $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and\n- (b) the property has not been redeemed before the redemption period for the property expires.\n- (a) a pawnbroker has advanced an amount that is at least $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and\n- (b) the property has not been redeemed before the redemption period for the property expires.","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Sale of pawned property","content":"### sec.63 Sale of pawned property\n\nIf a redemption period for pawned property expires and section 62 (4) applies to the property, the property may be sold at the place where the pawn was taken or by public auction.\nAt least 4 days before property is sold by public auction, the pawnbroker selling the property must give notice of the sale at least twice in a newspaper circulating generally in the area the property was pawned.\nMaximum penalty—100 penalty units.\nThe notice must describe the property to be sold and state when it was pawned.\n(sec.63-ssec.1) If a redemption period for pawned property expires and section 62 (4) applies to the property, the property may be sold at the place where the pawn was taken or by public auction.\n(sec.63-ssec.2) At least 4 days before property is sold by public auction, the pawnbroker selling the property must give notice of the sale at least twice in a newspaper circulating generally in the area the property was pawned. Maximum penalty—100 penalty units.\n(sec.63-ssec.3) The notice must describe the property to be sold and state when it was pawned.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Proceeds of sale of property","content":"### sec.64 Proceeds of sale of property\n\nA pawnbroker may deduct the following amounts from the proceeds of the sale of property under section 63 —\nthe costs of selling the property;\nthe total of the following amounts—\nthe advance made by the pawnbroker on the security of the property;\nthe amount of interest the pawnbroker would have received if the property was redeemed on the last day of the redemption period for the property.\nA pawnbroker’s interest under subsection (1) in the proceeds of sale of the property—\nis declared to be a statutory interest to which section 73 (2) of the PPS Act applies; and\nhas priority over all security interests in relation to the property.\nSubsection (1) applies only to a security interest to which the PPS Act does not apply.\nIf the proceeds of the sale of the property are more than the amounts deducted under subsection (1) , the pawnbroker must pay the balance of the proceeds into a trust account maintained by the pawnbroker.\nMaximum penalty—200 penalty units.\nThe balance of the proceeds must be held in the trust account for the person who pawned the property for 12 months after the property is sold.\nMaximum penalty—200 penalty units.\nIf the balance of the proceeds is not claimed by or for the person who pawned the property within 12 months after the property is sold, the pawnbroker must give the balance to the public trustee to be placed in the unclaimed moneys fund and dealt with as unclaimed money.\nMaximum penalty—200 penalty units.\nIn this section—\nPPS Act means the Personal Property Securities Act 2009 (Cwlth) .\nsecurity interest has the meaning given by the PPS Act , section 12 .\ns 64 amd 2010 No. 44 s 150\n(sec.64-ssec.1) A pawnbroker may deduct the following amounts from the proceeds of the sale of property under section 63 — the costs of selling the property; the total of the following amounts— the advance made by the pawnbroker on the security of the property; the amount of interest the pawnbroker would have received if the property was redeemed on the last day of the redemption period for the property.\n(sec.64-ssec.1A) A pawnbroker’s interest under subsection (1) in the proceeds of sale of the property— is declared to be a statutory interest to which section 73 (2) of the PPS Act applies; and has priority over all security interests in relation to the property.\n(sec.64-ssec.1B) Subsection (1) applies only to a security interest to which the PPS Act does not apply.\n(sec.64-ssec.2) If the proceeds of the sale of the property are more than the amounts deducted under subsection (1) , the pawnbroker must pay the balance of the proceeds into a trust account maintained by the pawnbroker. Maximum penalty—200 penalty units.\n(sec.64-ssec.3) The balance of the proceeds must be held in the trust account for the person who pawned the property for 12 months after the property is sold. Maximum penalty—200 penalty units.\n(sec.64-ssec.4) If the balance of the proceeds is not claimed by or for the person who pawned the property within 12 months after the property is sold, the pawnbroker must give the balance to the public trustee to be placed in the unclaimed moneys fund and dealt with as unclaimed money. Maximum penalty—200 penalty units.\n(sec.64-ssec.5) In this section— PPS Act means the Personal Property Securities Act 2009 (Cwlth) . security interest has the meaning given by the PPS Act , section 12 .\n- (a) the costs of selling the property;\n- (b) the total of the following amounts— (i) the advance made by the pawnbroker on the security of the property; (ii) the amount of interest the pawnbroker would have received if the property was redeemed on the last day of the redemption period for the property.\n- (i) the advance made by the pawnbroker on the security of the property;\n- (ii) the amount of interest the pawnbroker would have received if the property was redeemed on the last day of the redemption period for the property.\n- (i) the advance made by the pawnbroker on the security of the property;\n- (ii) the amount of interest the pawnbroker would have received if the property was redeemed on the last day of the redemption period for the property.\n- (a) is declared to be a statutory interest to which section 73 (2) of the PPS Act applies; and\n- (b) has priority over all security interests in relation to the property.","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Person may inspect property register","content":"### sec.65 Person may inspect property register\n\nSubsection (2) applies if a person gives a pawnbroker a pawn ticket or a replacement pawn ticket for property taken by the pawnbroker as a pawn from the person and the pawnbroker has sold or disposed of the property.\nThe person may—\ninspect the property register containing the entry for the property; and\nmake a copy of the entry.\n(sec.65-ssec.1) Subsection (2) applies if a person gives a pawnbroker a pawn ticket or a replacement pawn ticket for property taken by the pawnbroker as a pawn from the person and the pawnbroker has sold or disposed of the property.\n(sec.65-ssec.2) The person may— inspect the property register containing the entry for the property; and make a copy of the entry.\n- (a) inspect the property register containing the entry for the property; and\n- (b) make a copy of the entry.","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Recovery rights if pawn wrongly sold or disposed of","content":"### sec.66 Recovery rights if pawn wrongly sold or disposed of\n\nThis section applies if a pawnbroker sells or disposes of property taken by the pawnbroker as a pawn before the redemption period expires for the property.\nThe person who pawned the property may recover from the pawnbroker as a debt—\nif the pawnbroker sells the property, the greater of—\nthe fair value of the property when it was sold; and\nthe gross proceeds of the sale; or\nif the pawnbroker disposes of the property other than by sale—the fair value of the property when it was disposed of.\nThe court in which the person starts the action for debt may award the person the costs the court considers reasonable.\nThe person may recover an amount under this section whether or not the pawnbroker is charged with an offence against section 60 .\n(sec.66-ssec.1) This section applies if a pawnbroker sells or disposes of property taken by the pawnbroker as a pawn before the redemption period expires for the property.\n(sec.66-ssec.2) The person who pawned the property may recover from the pawnbroker as a debt— if the pawnbroker sells the property, the greater of— the fair value of the property when it was sold; and the gross proceeds of the sale; or if the pawnbroker disposes of the property other than by sale—the fair value of the property when it was disposed of.\n(sec.66-ssec.3) The court in which the person starts the action for debt may award the person the costs the court considers reasonable.\n(sec.66-ssec.4) The person may recover an amount under this section whether or not the pawnbroker is charged with an offence against section 60 .\n- (a) if the pawnbroker sells the property, the greater of— (i) the fair value of the property when it was sold; and (ii) the gross proceeds of the sale; or\n- (i) the fair value of the property when it was sold; and\n- (ii) the gross proceeds of the sale; or\n- (b) if the pawnbroker disposes of the property other than by sale—the fair value of the property when it was disposed of.\n- (i) the fair value of the property when it was sold; and\n- (ii) the gross proceeds of the sale; or","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Employees must not be under 17","content":"### sec.67 Employees must not be under 17\n\nA pawnbroker must not employ a person under 17 years to take property as a pawn.\nMaximum penalty—200 penalty units.","sortOrder":82},{"sectionNumber":"sec.68","sectionType":"section","heading":"Pawnbroker taken to be in possession of property","content":"### sec.68 Pawnbroker taken to be in possession of property\n\nA pawnbroker is taken to be in possession of property located at a place other than a place stated on a pawnbroker’s licence if—\nthe property is found in a place occupied by the pawnbroker; or\nthe property is under the control of the pawnbroker; or\nthe pawnbroker did not sell the property in good faith and the property has been moved to another place.\nSubsection (1) applies unless the contrary is proven.\n(sec.68-ssec.1) A pawnbroker is taken to be in possession of property located at a place other than a place stated on a pawnbroker’s licence if— the property is found in a place occupied by the pawnbroker; or the property is under the control of the pawnbroker; or the pawnbroker did not sell the property in good faith and the property has been moved to another place.\n(sec.68-ssec.2) Subsection (1) applies unless the contrary is proven.\n- (a) the property is found in a place occupied by the pawnbroker; or\n- (b) the property is under the control of the pawnbroker; or\n- (c) the pawnbroker did not sell the property in good faith and the property has been moved to another place.","sortOrder":83},{"sectionNumber":"sec.69","sectionType":"section","heading":"Pawnbroker must not acquire property from particular persons","content":"### sec.69 Pawnbroker must not acquire property from particular persons\n\nA pawnbroker must not directly or indirectly take property as a pawn from a person under 17 years, or who is under the influence of alcohol or a drug.\nMaximum penalty—200 penalty units.\nThe pawnbroker does not contravene subsection (1) if the pawnbroker believed, on reasonable grounds, that—\nfor property acquired from a person under 17 years—the person was at least 17 years; or\nfor property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.\n(sec.69-ssec.1) A pawnbroker must not directly or indirectly take property as a pawn from a person under 17 years, or who is under the influence of alcohol or a drug. Maximum penalty—200 penalty units.\n(sec.69-ssec.2) The pawnbroker does not contravene subsection (1) if the pawnbroker believed, on reasonable grounds, that— for property acquired from a person under 17 years—the person was at least 17 years; or for property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.\n- (a) for property acquired from a person under 17 years—the person was at least 17 years; or\n- (b) for property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.","sortOrder":84},{"sectionNumber":"sec.70","sectionType":"section","heading":"Pawnbroker must ask for information","content":"### sec.70 Pawnbroker must ask for information\n\nA pawnbroker must, before taking property as a pawn, obtain from the person pawning the property the following information—\nthe person’s name and address;\nverification of the person’s name and address;\nwhether or not the person is the owner of the property;\nif the person is not the owner of the property—\nthe name and address of the owner; and\nhow the person acquired the property.\nMaximum penalty—200 penalty units.\n- (a) the person’s name and address;\n- (b) verification of the person’s name and address;\n- (c) whether or not the person is the owner of the property;\n- (d) if the person is not the owner of the property— (i) the name and address of the owner; and (ii) how the person acquired the property.\n- (i) the name and address of the owner; and\n- (ii) how the person acquired the property.\n- (i) the name and address of the owner; and\n- (ii) how the person acquired the property.","sortOrder":85},{"sectionNumber":"sec.71","sectionType":"section","heading":"Pawnbroker to inform police about stolen property","content":"### sec.71 Pawnbroker to inform police about stolen property\n\nSubsection (2) applies if a pawnbroker acquires property that may be property described as stolen or unlawfully obtained in written, printed or oral information given to the pawnbroker by a police officer or another person.\nThe pawnbroker must advise a police officer about the property, as soon as practicable after becoming aware that the property may be stolen or unlawfully obtained.\nMaximum penalty—200 penalty units.\n(sec.71-ssec.1) Subsection (2) applies if a pawnbroker acquires property that may be property described as stolen or unlawfully obtained in written, printed or oral information given to the pawnbroker by a police officer or another person.\n(sec.71-ssec.2) The pawnbroker must advise a police officer about the property, as soon as practicable after becoming aware that the property may be stolen or unlawfully obtained. Maximum penalty—200 penalty units.","sortOrder":86},{"sectionNumber":"sec.72","sectionType":"section","heading":"Pawnbroker to produce licence if asked","content":"### sec.72 Pawnbroker to produce licence if asked\n\nThis section applies if a person—\nacquires or intends to acquire property from a pawnbroker; or\npawns or intends to pawn property to a pawnbroker.\nThe person may, immediately before or within 24 hours after acquiring or pawning the property, ask the pawnbroker to show the person the pawnbroker’s licence.\nThe pawnbroker must show the person the licence.\nMaximum penalty for subsection (3) —50 penalty units.\n(sec.72-ssec.1) This section applies if a person— acquires or intends to acquire property from a pawnbroker; or pawns or intends to pawn property to a pawnbroker.\n(sec.72-ssec.2) The person may, immediately before or within 24 hours after acquiring or pawning the property, ask the pawnbroker to show the person the pawnbroker’s licence.\n(sec.72-ssec.3) The pawnbroker must show the person the licence. Maximum penalty for subsection (3) —50 penalty units.\n- (a) acquires or intends to acquire property from a pawnbroker; or\n- (b) pawns or intends to pawn property to a pawnbroker.","sortOrder":87},{"sectionNumber":"sec.73","sectionType":"section","heading":"Holding out place as pawnbroker’s business","content":"### sec.73 Holding out place as pawnbroker’s business\n\nA person must not hold out a place as being a place where a pawnbroker carries on business if the place is not an authorised place for a pawnbroker.\nMaximum penalty—200 penalty units.","sortOrder":88},{"sectionNumber":"sec.74","sectionType":"section","heading":"Disposal of pledges if licence cancelled or not renewed","content":"### sec.74 Disposal of pledges if licence cancelled or not renewed\n\nIf the chief executive cancels or refuses to renew a pawnbroker’s licence, a person may apply to a Magistrates Court for an order to dispose of property taken as a pawn under the licence in a way the court considers appropriate.","sortOrder":89},{"sectionNumber":"pt.5","sectionType":"part","heading":null,"content":"","sortOrder":90},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":91},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 om 2014 No. 8 s 158","sortOrder":92},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 2014 No. 8 s 158","sortOrder":93},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 amd 2006 No. 10 s 89 sch 2\nom 2014 No. 8 s 158","sortOrder":94},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 om 2014 No. 8 s 158","sortOrder":95},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2014 No. 8 s 158","sortOrder":96},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 om 2014 No. 8 s 158","sortOrder":97},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2014 No. 8 s 158","sortOrder":98},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":99},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 om 2014 No. 8 s 158","sortOrder":100},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 om 2014 No. 8 s 158","sortOrder":101},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2014 No. 8 s 158","sortOrder":102},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2014 No. 8 s 158","sortOrder":103},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2014 No. 8 s 158","sortOrder":104},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 om 2014 No. 8 s 158","sortOrder":105},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 amd 2006 No. 10 s 89 sch 2\nom 2014 No. 8 s 158","sortOrder":106},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 om 2014 No. 8 s 158","sortOrder":107},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2014 No. 8 s 158","sortOrder":108},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2014 No. 8 s 158","sortOrder":109},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2014 No. 8 s 158","sortOrder":110},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 om 2014 No. 8 s 158","sortOrder":111},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2014 No. 8 s 158","sortOrder":112},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2014 No. 8 s 158","sortOrder":113},{"sectionNumber":"pt.6","sectionType":"part","heading":"General offences, legal proceedings and review of decisions","content":"# General offences, legal proceedings and review of decisions","sortOrder":114},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"General offences","content":"## General offences","sortOrder":115},{"sectionNumber":"sec.96","sectionType":"section","heading":"False or misleading information","content":"### sec.96 False or misleading information\n\nA person must not give information to the chief executive that the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units.\nSubsection (1) does not apply to information given in a document if the person when giving the document—\ninforms the chief executive, to the best of the person’s ability, how the information is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the information was ‘false or misleading’, without specifying whether it was false or was misleading.\ns 96 amd 2014 No. 8 s 159\n(sec.96-ssec.1) A person must not give information to the chief executive that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units.\n(sec.96-ssec.2) Subsection (1) does not apply to information given in a document if the person when giving the document— informs the chief executive, to the best of the person’s ability, how the information is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.96-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was ‘false or misleading’, without specifying whether it was false or was misleading.\n- (a) informs the chief executive, to the best of the person’s ability, how the information is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":116},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2014 No. 8 s 160","sortOrder":117},{"sectionNumber":"sec.98","sectionType":"section","heading":"Forging a licence","content":"### sec.98 Forging a licence\n\nA person must not forge a licence.\nMaximum penalty—200 penalty units.\nIn this section—\nforge see the Criminal Code , section 1 .\n(sec.98-ssec.1) A person must not forge a licence. Maximum penalty—200 penalty units.\n(sec.98-ssec.2) In this section— forge see the Criminal Code , section 1 .","sortOrder":118},{"sectionNumber":"sec.99","sectionType":"section","heading":"Person not to possess a licence without reasonable excuse","content":"### sec.99 Person not to possess a licence without reasonable excuse\n\nA person who is not a licensee must not, without a reasonable excuse, possess—\na licence; or\na document resembling a licence.\nMaximum penalty—200 penalty units.\nA person who is not a licensee must not, without a reasonable excuse, possess a licence that has been—\ncancelled or suspended; or\nsurrendered or expired.\nMaximum penalty—\nif paragraph (a) applies—100 penalty units; or\nif paragraph (b) applies—20 penalty units.\n(sec.99-ssec.1) A person who is not a licensee must not, without a reasonable excuse, possess— a licence; or a document resembling a licence. Maximum penalty—200 penalty units.\n(sec.99-ssec.2) A person who is not a licensee must not, without a reasonable excuse, possess a licence that has been— cancelled or suspended; or surrendered or expired. Maximum penalty— if paragraph (a) applies—100 penalty units; or if paragraph (b) applies—20 penalty units.\n- (a) a licence; or\n- (b) a document resembling a licence.\n- (a) cancelled or suspended; or\n- (b) surrendered or expired.\n- (a) if paragraph (a) applies—100 penalty units; or\n- (b) if paragraph (b) applies—20 penalty units.","sortOrder":119},{"sectionNumber":"sec.100","sectionType":"section","heading":"Person not to use or allow another person to use a licence","content":"### sec.100 Person not to use or allow another person to use a licence\n\nA person must not—\nuse a licence issued to another person; or\nallow a licence issued to the person to be used by another person.\nMaximum penalty—200 penalty units.\n- (a) use a licence issued to another person; or\n- (b) allow a licence issued to the person to be used by another person.","sortOrder":120},{"sectionNumber":"sec.101","sectionType":"section","heading":"Person not to alter a licence","content":"### sec.101 Person not to alter a licence\n\nA person must not, unless authorised under this Act, alter a licence.\nMaximum penalty—200 penalty units.","sortOrder":121},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Legal proceedings","content":"## Legal proceedings","sortOrder":122},{"sectionNumber":"sec.102","sectionType":"section","heading":"Proceeding for offence","content":"### sec.102 Proceeding for offence\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nA proceeding may be started within the later of the following—\n1 year after the offence is committed;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.102-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.102-ssec.2) A proceeding may be started within the later of the following— 1 year after the offence is committed; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the offence is committed;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":123},{"sectionNumber":"sec.103","sectionType":"section","heading":"Inspector may prosecute","content":"### sec.103 Inspector may prosecute\n\nAn inspector may appear and act in court for the prosecution on a proceeding under this Act, whether or not the inspector is the complainant in the proceeding.\ns 103 amd 2014 No. 8 s 161","sortOrder":124},{"sectionNumber":"sec.104","sectionType":"section","heading":"Evidence","content":"### sec.104 Evidence\n\nThis section applies to a proceeding under this Act.\nUnless a party by reasonable notice requires proof, the appointment of an official, or the authority of an official to do anything under this Act, must be presumed.\nA signature purporting to be the signature of an official is evidence of the signature it purports to be.\nA certificate purporting to be signed by an inspector and stating any of the following matters is evidence of the matter—\nthat a specified document is a licence, or a copy of a licence, granted under this Act;\nthat on a specified day, or during a specified period, a specified person was or was not a licensee;\nthat a licence—\nwas or was not granted for a specified term; or\nwas or was not in force on a specified day or during a specified period; or\nwas or was not subject to a specified condition;\nthat a document is a copy of a document kept under this Act.\nUnless a party by reasonable notice requires proof, an entry in a book, register or record kept by or found at a person’s premises, must be presumed to be made by or with the authority of the person.\nIn this section—\nofficial means—\nthe chief executive; or\nthe commissioner of the police service; or\nan inspector.\ns 104 amd 2014 No. 8 s 162\n(sec.104-ssec.1) This section applies to a proceeding under this Act.\n(sec.104-ssec.2) Unless a party by reasonable notice requires proof, the appointment of an official, or the authority of an official to do anything under this Act, must be presumed.\n(sec.104-ssec.3) A signature purporting to be the signature of an official is evidence of the signature it purports to be.\n(sec.104-ssec.4) A certificate purporting to be signed by an inspector and stating any of the following matters is evidence of the matter— that a specified document is a licence, or a copy of a licence, granted under this Act; that on a specified day, or during a specified period, a specified person was or was not a licensee; that a licence— was or was not granted for a specified term; or was or was not in force on a specified day or during a specified period; or was or was not subject to a specified condition; that a document is a copy of a document kept under this Act.\n(sec.104-ssec.5) Unless a party by reasonable notice requires proof, an entry in a book, register or record kept by or found at a person’s premises, must be presumed to be made by or with the authority of the person.\n(sec.104-ssec.6) In this section— official means— the chief executive; or the commissioner of the police service; or an inspector.\n- (a) that a specified document is a licence, or a copy of a licence, granted under this Act;\n- (b) that on a specified day, or during a specified period, a specified person was or was not a licensee;\n- (c) that a licence— (i) was or was not granted for a specified term; or (ii) was or was not in force on a specified day or during a specified period; or (iii) was or was not subject to a specified condition;\n- (i) was or was not granted for a specified term; or\n- (ii) was or was not in force on a specified day or during a specified period; or\n- (iii) was or was not subject to a specified condition;\n- (d) that a document is a copy of a document kept under this Act.\n- (i) was or was not granted for a specified term; or\n- (ii) was or was not in force on a specified day or during a specified period; or\n- (iii) was or was not subject to a specified condition;\n- (a) the chief executive; or\n- (b) the commissioner of the police service; or\n- (c) an inspector.","sortOrder":125},{"sectionNumber":"sec.105","sectionType":"section","heading":"Effect of conviction for dealing in or selling property obtained by fraud","content":"### sec.105 Effect of conviction for dealing in or selling property obtained by fraud\n\nSubsection (2) applies if a licensee is convicted of an offence involving the licensee knowingly dealing in or selling property obtained by fraud or by a dishonest means.\nA court may, as well as imposing any other penalty on the licensee, do either or both of the following—\ncancel the licensee’s licence;\norder that the licensee may not hold a licence for 5 years after the conviction.\n(sec.105-ssec.1) Subsection (2) applies if a licensee is convicted of an offence involving the licensee knowingly dealing in or selling property obtained by fraud or by a dishonest means.\n(sec.105-ssec.2) A court may, as well as imposing any other penalty on the licensee, do either or both of the following— cancel the licensee’s licence; order that the licensee may not hold a licence for 5 years after the conviction.\n- (a) cancel the licensee’s licence;\n- (b) order that the licensee may not hold a licence for 5 years after the conviction.","sortOrder":126},{"sectionNumber":"sec.106","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.106 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence against this Act.\nMaximum penalty—half the penalty for the completed offence.","sortOrder":127},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Review of decisions","content":"## Review of decisions","sortOrder":128},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application for review of decisions by QCAT","content":"### sec.107 Application for review of decisions by QCAT\n\nA person affected by a reviewable decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nIn subsection (1) —\nreviewable decision means any of the following decisions of the chief executive—\na decision to grant a licence with a condition or to refuse to grant a licence;\na decision to renew or restore a licence with a condition or to refuse to grant the renewal or restoration of the licence;\na decision to suspend or cancel a licence or impose a condition on a licence;\na decision to refuse to approve a place as an authorised place for the licensee’s licence, other than a condition imposed as mentioned in paragraph (a) or (b) ;\na decision to refuse to replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.\ns 107 sub 2009 No. 24 s 770\n(sec.107-ssec.1) A person affected by a reviewable decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.107-ssec.2) In subsection (1) — reviewable decision means any of the following decisions of the chief executive— a decision to grant a licence with a condition or to refuse to grant a licence; a decision to renew or restore a licence with a condition or to refuse to grant the renewal or restoration of the licence; a decision to suspend or cancel a licence or impose a condition on a licence; a decision to refuse to approve a place as an authorised place for the licensee’s licence, other than a condition imposed as mentioned in paragraph (a) or (b) ; a decision to refuse to replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.\n- (a) a decision to grant a licence with a condition or to refuse to grant a licence;\n- (b) a decision to renew or restore a licence with a condition or to refuse to grant the renewal or restoration of the licence;\n- (c) a decision to suspend or cancel a licence or impose a condition on a licence;\n- (d) a decision to refuse to approve a place as an authorised place for the licensee’s licence, other than a condition imposed as mentioned in paragraph (a) or (b) ;\n- (e) a decision to refuse to replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.","sortOrder":129},{"sectionNumber":"sec.107A","sectionType":"section","heading":null,"content":"### Section sec.107A\n\ns 107A ins 2013 No. 64 s 167\nom 2016 No. 62 s 372","sortOrder":130},{"sectionNumber":"sec.107B","sectionType":"section","heading":null,"content":"### Section sec.107B\n\ns 107B ins 2013 No. 64 s 167\nom 2016 No. 62 s 372","sortOrder":131},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 om 2009 No. 24 s 770","sortOrder":132},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 om 2009 No. 24 s 770","sortOrder":133},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 om 2009 No. 24 s 770","sortOrder":134},{"sectionNumber":"pt.7","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":135},{"sectionNumber":"sec.111","sectionType":"section","heading":"Exchange of information","content":"### sec.111 Exchange of information\n\nThe chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the chief executive or the relevant agency; or\nto which the chief executive or the relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe chief executive perform the chief executive’s functions under this Act; or\nthe relevant agency perform its functions.\nUnder an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nThe chief executive may use criminal intelligence, given to the chief executive by the commissioner of the police service under an information-sharing arrangement, only for monitoring compliance with this Act.\nIn this section—\ninformation does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001 .\nrelevant agency means the following—\nthe commissioner of the police service;\nthe chief executive of a department;\na local government;\na person prescribed by regulation.\ns 111 prev s 111 om 2009 No. 24 s 770\npres s 111 ins 2016 No. 62 s 373\n(sec.111-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the chief executive or the relevant agency; or to which the chief executive or the relevant agency has access.\n(sec.111-ssec.2) An information-sharing arrangement may relate only to information that assists— the chief executive perform the chief executive’s functions under this Act; or the relevant agency perform its functions.\n(sec.111-ssec.3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.111-ssec.4) The chief executive may use criminal intelligence, given to the chief executive by the commissioner of the police service under an information-sharing arrangement, only for monitoring compliance with this Act.\n(sec.111-ssec.5) In this section— information does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001 . relevant agency means the following— the commissioner of the police service; the chief executive of a department; a local government; a person prescribed by regulation.\n- (a) held by the chief executive or the relevant agency; or\n- (b) to which the chief executive or the relevant agency has access.\n- (a) the chief executive perform the chief executive’s functions under this Act; or\n- (b) the relevant agency perform its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the commissioner of the police service;\n- (b) the chief executive of a department;\n- (c) a local government;\n- (d) a person prescribed by regulation.","sortOrder":136},{"sectionNumber":"sec.112","sectionType":"section","heading":"Confidentiality","content":"### sec.112 Confidentiality\n\nThis section applies if a person gains confidential information through involvement in the administration of this Act.\nThe person must not make a record of the information or disclose the information to another person, other than under subsection (4) .\nMaximum penalty—35 penalty units.\nWithout limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—\nthe chief executive; or\na public service employee employed in the department; or\na person engaged by the chief executive for this Act.\nA person may make a record of confidential information or disclose it to another person—\nfor this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or QCAT; or\nif authorised by a court or QCAT in the interests of justice; or\nif required or permitted by law; or\nfor information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\nThe chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given—\na criminal history report about a person;\na copy of a control order or registered corresponding control order accompanying a criminal history report about a person;\na notice given under section 9 (2) about a person.\nThe Public Records Act 2023 does not apply to the documents mentioned in subsection (5) .\nIn this section—\nconfidential information —\nincludes information about a person’s affairs; but\ndoes not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\ns 112 prev s 112 om 2013 No. 51 s 190\npres s 112 ins 2016 No. 62 s 373\namd 2023 No. 33 s 107 sch 4\n(sec.112-ssec.1) This section applies if a person gains confidential information through involvement in the administration of this Act.\n(sec.112-ssec.2) The person must not make a record of the information or disclose the information to another person, other than under subsection (4) . Maximum penalty—35 penalty units.\n(sec.112-ssec.3) Without limiting subsection (1) , a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the chief executive; or a public service employee employed in the department; or a person engaged by the chief executive for this Act.\n(sec.112-ssec.4) A person may make a record of confidential information or disclose it to another person— for this Act; or to discharge a function under another law; or for a proceeding in a court or QCAT; or if authorised by a court or QCAT in the interests of justice; or if required or permitted by law; or for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\n(sec.112-ssec.5) The chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given— a criminal history report about a person; a copy of a control order or registered corresponding control order accompanying a criminal history report about a person; a notice given under section 9 (2) about a person.\n(sec.112-ssec.6) The Public Records Act 2023 does not apply to the documents mentioned in subsection (5) .\n(sec.112-ssec.7) In this section— confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (a) the chief executive; or\n- (b) a public service employee employed in the department; or\n- (c) a person engaged by the chief executive for this Act.\n- (a) for this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or QCAT; or\n- (d) if authorised by a court or QCAT in the interests of justice; or\n- (e) if required or permitted by law; or\n- (f) for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.\n- (a) a criminal history report about a person;\n- (b) a copy of a control order or registered corresponding control order accompanying a criminal history report about a person;\n- (c) a notice given under section 9 (2) about a person.\n- (a) includes information about a person’s affairs; but\n- (b) does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":137},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.112A Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\nA person’s classification level in the public service.\ns 112A ins 2005 No. 14 s 2 sch\n(sec.112A-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\n(sec.112A-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. A person’s classification level in the public service.","sortOrder":138},{"sectionNumber":"sec.113","sectionType":"section","heading":"Officials not civilly liable","content":"### sec.113 Officials not civilly liable\n\nAn official is not civilly liable for an act done, or omission made, honestly and on reasonable grounds under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe chief executive; or\nan inspector; or\na public service employee.\ns 113 sub 2006 No. 10 s 89 sch 2\namd 2014 No. 8 s 163\n(sec.113-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and on reasonable grounds under this Act.\n(sec.113-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.113-ssec.3) In this section— official means— the chief executive; or an inspector; or a public service employee.\n- (a) the chief executive; or\n- (b) an inspector; or\n- (c) a public service employee.","sortOrder":139},{"sectionNumber":"sec.114","sectionType":"section","heading":"Approval of forms","content":"### sec.114 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":140},{"sectionNumber":"sec.115","sectionType":"section","heading":"Regulation-making power","content":"### sec.115 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about any of the following matters—\nfees, including refunding of fees;\nthe keeping of registers and other records by licensees;\nduties of licensees;\nconditions on licensees;\nattaching or displaying names of licensees or associates to or on premises.\nA regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\n(sec.115-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.115-ssec.2) Without limiting subsection (1) , a regulation may be made about any of the following matters— fees, including refunding of fees; the keeping of registers and other records by licensees; duties of licensees; conditions on licensees; attaching or displaying names of licensees or associates to or on premises.\n(sec.115-ssec.3) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of the regulation.\n- (a) fees, including refunding of fees;\n- (b) the keeping of registers and other records by licensees;\n- (c) duties of licensees;\n- (d) conditions on licensees;\n- (e) attaching or displaying names of licensees or associates to or on premises.","sortOrder":141},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":142},{"sectionNumber":"sec.116","sectionType":"section","heading":"Repeals","content":"### sec.116 Repeals\n\nThe following Acts are repealed—\nPawnbrokers Act 1984 No. 12\nSecond-hand Dealers and Collectors Act 1984 No. 59 .\n- • Pawnbrokers Act 1984 No. 12\n- • Second-hand Dealers and Collectors Act 1984 No. 59 .","sortOrder":143},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":144},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":null,"content":"","sortOrder":145},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 amd 2006 No. 10 s 89 sch 2\nom 2020 No. 15 s 199","sortOrder":146},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provisions for repeal of the Second-hand Dealers and Collectors Act 1984","content":"## Transitional provisions for repeal of the Second-hand Dealers and Collectors Act 1984","sortOrder":147},{"sectionNumber":"sec.119","sectionType":"section","heading":"Definition for div 2","content":"### sec.119 Definition for div 2\n\nIn this division—\nrepealed Act means the repealed Second-hand Dealers and Collectors Act 1984 .","sortOrder":148},{"sectionNumber":"sec.120","sectionType":"section","heading":"Existing second-hand dealer’s licence","content":"### sec.120 Existing second-hand dealer’s licence\n\nA second-hand dealer’s licence in force under the repealed Act immediately before the commencement (a previous second-hand dealer’s licence ) is taken to be a second-hand dealer’s licence under this Act.\nThe licence—\nis taken to be subject to conditions and restrictions in the same terms, as far as practicable, as the conditions and restrictions to which the previous second-hand dealer’s licence was subject; and\nexpires when the previous second-hand dealer’s licence would have expired; and\nmust not be the subject of renewal, restoration or reinstatement under this Act.\ns 120 amd 2006 No. 10 s 89 sch 2\n(sec.120-ssec.1) A second-hand dealer’s licence in force under the repealed Act immediately before the commencement (a previous second-hand dealer’s licence ) is taken to be a second-hand dealer’s licence under this Act.\n(sec.120-ssec.2) The licence— is taken to be subject to conditions and restrictions in the same terms, as far as practicable, as the conditions and restrictions to which the previous second-hand dealer’s licence was subject; and expires when the previous second-hand dealer’s licence would have expired; and must not be the subject of renewal, restoration or reinstatement under this Act.\n- (a) is taken to be subject to conditions and restrictions in the same terms, as far as practicable, as the conditions and restrictions to which the previous second-hand dealer’s licence was subject; and\n- (b) expires when the previous second-hand dealer’s licence would have expired; and\n- (c) must not be the subject of renewal, restoration or reinstatement under this Act.","sortOrder":149},{"sectionNumber":"sec.121","sectionType":"section","heading":"Existing applications for previous licences","content":"### sec.121 Existing applications for previous licences\n\nIf, before the commencement, an application was made under the repealed Act and the application had not been decided, the application must be decided by the chief executive as if the application were a similar application under this Act.\nIn this section—\napplication means an application for—\na second-hand dealer’s licence; or\nrenewal or restoration of a second-hand dealer’s licence; or\nreplacement of a second-hand dealer’s licence.\n(sec.121-ssec.1) If, before the commencement, an application was made under the repealed Act and the application had not been decided, the application must be decided by the chief executive as if the application were a similar application under this Act.\n(sec.121-ssec.2) In this section— application means an application for— a second-hand dealer’s licence; or renewal or restoration of a second-hand dealer’s licence; or replacement of a second-hand dealer’s licence.\n- (a) a second-hand dealer’s licence; or\n- (b) renewal or restoration of a second-hand dealer’s licence; or\n- (c) replacement of a second-hand dealer’s licence.","sortOrder":150},{"sectionNumber":"sec.122","sectionType":"section","heading":"Notice of revocation","content":"### sec.122 Notice of revocation\n\nIf, before the commencement, the chief executive gave a second-hand dealer a notice of revocation under the repealed Act, and the second-hand dealer’s licence has not been revoked, the notice of revocation has effect as if the repealed Act had not been repealed.","sortOrder":151},{"sectionNumber":"sec.123","sectionType":"section","heading":"Surrender notice","content":"### sec.123 Surrender notice\n\nIf, before the commencement, the chief executive gave a second-hand dealer a surrender notice under the repealed Act, and the surrender notice has not had effect, the repealed Act has effect in relation to the notice as if the repealed Act had not been repealed.","sortOrder":152},{"sectionNumber":"sec.124","sectionType":"section","heading":"Change of address","content":"### sec.124 Change of address\n\nIf, before the commencement, a second-hand dealer gave the chief executive written notice of a change of address, and the chief executive has not endorsed the second-hand dealer’s licence with the change of address, the notice is taken to be a notice of change of address under this Act.","sortOrder":153},{"sectionNumber":"sec.125","sectionType":"section","heading":"Nominated property","content":"### sec.125 Nominated property\n\nIf a second-hand dealer received property mentioned in section 47A of the repealed Act within 7 clear working days before the commencement, section 47A of the repealed Act applies to the property as if the repealed Act had not been repealed.","sortOrder":154},{"sectionNumber":"sec.126","sectionType":"section","heading":"Appeals to court","content":"### sec.126 Appeals to court\n\nSubsection (2) applies if a person appealed to a magistrates court under the repealed Act before commencement and the appeal has not been decided.\nThe magistrates court may hear, or continue to hear, and decide the appeal under the repealed Act as if the repealed Act had not been repealed.\nSubsection (4) applies if a person could have appealed to a magistrates court under the repealed Act before commencement and the person had not appealed before the commencement.\nThe person may appeal as provided under the repealed Act, and the magistrates court may hear and decide the appeal, as if the repealed Act had not been repealed.\n(sec.126-ssec.1) Subsection (2) applies if a person appealed to a magistrates court under the repealed Act before commencement and the appeal has not been decided.\n(sec.126-ssec.2) The magistrates court may hear, or continue to hear, and decide the appeal under the repealed Act as if the repealed Act had not been repealed.\n(sec.126-ssec.3) Subsection (4) applies if a person could have appealed to a magistrates court under the repealed Act before commencement and the person had not appealed before the commencement.\n(sec.126-ssec.4) The person may appeal as provided under the repealed Act, and the magistrates court may hear and decide the appeal, as if the repealed Act had not been repealed.","sortOrder":155},{"sectionNumber":"sec.127","sectionType":"section","heading":"Existing authorised officers","content":"### sec.127 Existing authorised officers\n\nA person who held an appointment as an authorised officer under the repealed Act immediately before the commencement is taken to be appointed as an authorised officer under this Act.","sortOrder":156},{"sectionNumber":"sec.128","sectionType":"section","heading":"References to repealed Act","content":"### sec.128 References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":157},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Transitional provisions for repeal of the Pawnbrokers Act 1984","content":"## Transitional provisions for repeal of the Pawnbrokers Act 1984","sortOrder":158},{"sectionNumber":"sec.129","sectionType":"section","heading":"Definition for div 3","content":"### sec.129 Definition for div 3\n\nIn this division—\nrepealed Act means the repealed Pawnbrokers Act 1984 .","sortOrder":159},{"sectionNumber":"sec.130","sectionType":"section","heading":"Existing pawnbroker’s licence","content":"### sec.130 Existing pawnbroker’s licence\n\nA pawnbroker’s licence in force under the repealed Act immediately before the commencement (a previous pawnbroker’s licence ) is taken to be a pawnbroker’s licence under this Act.\nThe licence—\nis taken to be subject to conditions and restrictions in the same terms, as far as practicable, as the conditions and restrictions to which the previous pawnbroker’s licence was subject; and\nexpires when the previous pawnbroker’s licence would have expired; and\nmust not be the subject of renewal, restoration or reinstatement under this Act.\n(sec.130-ssec.1) A pawnbroker’s licence in force under the repealed Act immediately before the commencement (a previous pawnbroker’s licence ) is taken to be a pawnbroker’s licence under this Act.\n(sec.130-ssec.2) The licence— is taken to be subject to conditions and restrictions in the same terms, as far as practicable, as the conditions and restrictions to which the previous pawnbroker’s licence was subject; and expires when the previous pawnbroker’s licence would have expired; and must not be the subject of renewal, restoration or reinstatement under this Act.\n- (a) is taken to be subject to conditions and restrictions in the same terms, as far as practicable, as the conditions and restrictions to which the previous pawnbroker’s licence was subject; and\n- (b) expires when the previous pawnbroker’s licence would have expired; and\n- (c) must not be the subject of renewal, restoration or reinstatement under this Act.","sortOrder":160},{"sectionNumber":"sec.131","sectionType":"section","heading":"Existing applications for previous licences","content":"### sec.131 Existing applications for previous licences\n\nIf, before the commencement, an application was made under the repealed Act and the application had not been decided, the application must be decided by the chief executive as if the application were an application under this Act.\nIn this section—\napplication means an application for—\na pawnbroker’s licence; or\nrenewal or restoration of a pawnbroker’s licence; or\nreplacement of a pawnbroker’s licence.\n(sec.131-ssec.1) If, before the commencement, an application was made under the repealed Act and the application had not been decided, the application must be decided by the chief executive as if the application were an application under this Act.\n(sec.131-ssec.2) In this section— application means an application for— a pawnbroker’s licence; or renewal or restoration of a pawnbroker’s licence; or replacement of a pawnbroker’s licence.\n- (a) a pawnbroker’s licence; or\n- (b) renewal or restoration of a pawnbroker’s licence; or\n- (c) replacement of a pawnbroker’s licence.","sortOrder":161},{"sectionNumber":"sec.132","sectionType":"section","heading":"Notice of revocation","content":"### sec.132 Notice of revocation\n\nIf, before the commencement, the chief executive gave a pawnbroker a notice of revocation under the repealed Act, and the pawnbroker’s licence has not been revoked, the notice of revocation has effect as if the repealed Act had not been repealed.","sortOrder":162},{"sectionNumber":"sec.133","sectionType":"section","heading":"Surrender notice","content":"### sec.133 Surrender notice\n\nIf, before the commencement, the chief executive gave a pawnbroker a surrender notice under the repealed Act, and the surrender notice has not had effect, the notice has effect as if the repealed Act had not been repealed.","sortOrder":163},{"sectionNumber":"sec.134","sectionType":"section","heading":"Change of address","content":"### sec.134 Change of address\n\nIf, before the commencement, a pawnbroker gave the chief executive written notice of a change of address, and the chief executive has not endorsed the pawnbroker’s licence with the change of address, the notice is taken to be a notice of change of address under this Act.","sortOrder":164},{"sectionNumber":"sec.135","sectionType":"section","heading":"Property pawned before the commencement","content":"### sec.135 Property pawned before the commencement\n\nThe nominated sections of the repealed Act continue to apply to property taken as a pawn under the repealed Act before the commencement as if the repealed Act had not been repealed.\nIn this section—\nnominated sections means, to the extent that the sections are relevant, sections 32, 33, 34, 35, 36, 38, 42, 55, 56 and 63.\n(sec.135-ssec.1) The nominated sections of the repealed Act continue to apply to property taken as a pawn under the repealed Act before the commencement as if the repealed Act had not been repealed.\n(sec.135-ssec.2) In this section— nominated sections means, to the extent that the sections are relevant, sections 32, 33, 34, 35, 36, 38, 42, 55, 56 and 63.","sortOrder":165},{"sectionNumber":"sec.136","sectionType":"section","heading":"Appeals to court","content":"### sec.136 Appeals to court\n\nSubsection (2) applies if a person appealed to a magistrates court under the repealed Act before commencement and the appeal has not been decided.\nThe magistrates court may hear, or continue to hear, and decide the appeal under the repealed Act as if the repealed Act had not been repealed.\nSubsection (4) applies if a person could have appealed to a magistrates court under the repealed Act before commencement and the person had not appealed before the commencement.\nThe person may appeal as provided under the repealed Act, and the magistrates court may hear and decide the appeal, as if the repealed Act had not been repealed.\n(sec.136-ssec.1) Subsection (2) applies if a person appealed to a magistrates court under the repealed Act before commencement and the appeal has not been decided.\n(sec.136-ssec.2) The magistrates court may hear, or continue to hear, and decide the appeal under the repealed Act as if the repealed Act had not been repealed.\n(sec.136-ssec.3) Subsection (4) applies if a person could have appealed to a magistrates court under the repealed Act before commencement and the person had not appealed before the commencement.\n(sec.136-ssec.4) The person may appeal as provided under the repealed Act, and the magistrates court may hear and decide the appeal, as if the repealed Act had not been repealed.","sortOrder":166},{"sectionNumber":"sec.137","sectionType":"section","heading":"Existing authorised officers","content":"### sec.137 Existing authorised officers\n\nA person who held an appointment as an authorised officer under the repealed Act immediately before the commencement is taken to be appointed as an authorised officer under this Act.","sortOrder":167},{"sectionNumber":"sec.138","sectionType":"section","heading":"References to repealed Act","content":"### sec.138 References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":168},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","content":"## Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","sortOrder":169},{"sectionNumber":"sec.139","sectionType":"section","heading":"Applications not finally decided","content":"### sec.139 Applications not finally decided\n\nThis section applies if, immediately before the commencement, the chief executive had not finally decided an application for—\na licence; or\na renewal of a licence; or\na restoration of a licence.\nThe chief executive must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\nIn this section—\ncommencement means the commencement of this section.\ns 139 ins 2013 No. 64 s 168\n(sec.139-ssec.1) This section applies if, immediately before the commencement, the chief executive had not finally decided an application for— a licence; or a renewal of a licence; or a restoration of a licence.\n(sec.139-ssec.2) The chief executive must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\n(sec.139-ssec.3) In this section— commencement means the commencement of this section.\n- (a) a licence; or\n- (b) a renewal of a licence; or\n- (c) a restoration of a licence.","sortOrder":170},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","content":"## Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":171},{"sectionNumber":"sec.140","sectionType":"section","heading":"Applications not finally decided","content":"### sec.140 Applications not finally decided\n\nThis section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant, renewal or restoration of a licence.\nThe chief executive must decide the application under this Act as in force after the commencement.\ns 140 ins 2016 No. 62 s 374\n(sec.140-ssec.1) This section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant, renewal or restoration of a licence.\n(sec.140-ssec.2) The chief executive must decide the application under this Act as in force after the commencement.","sortOrder":172},{"sectionNumber":"sec.141","sectionType":"section","heading":"Proceedings not finally decided","content":"### sec.141 Proceedings not finally decided\n\nThis section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—\na proceeding before QCAT for a review of a decision mentioned in repealed section 107A(1);\na proceeding before the Supreme Court about a decision mentioned in repealed section 107A(1).\nThe proceeding is discontinued and the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement.\nQCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\nFor subsection (1), a proceeding had not been finally dealt with if—\nQCAT or the Supreme Court had not made a decision; or\nQCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\nQCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\nIn this section—\ncriminal intelligence means criminal intelligence within the meaning of repealed section 107A(6).\nrepealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\ns 141 ins 2016 No. 62 s 374\n(sec.141-ssec.1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with— a proceeding before QCAT for a review of a decision mentioned in repealed section 107A(1); a proceeding before the Supreme Court about a decision mentioned in repealed section 107A(1).\n(sec.141-ssec.2) The proceeding is discontinued and the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement.\n(sec.141-ssec.3) QCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\n(sec.141-ssec.4) For subsection (1), a proceeding had not been finally dealt with if— QCAT or the Supreme Court had not made a decision; or QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\n(sec.141-ssec.5) In this section— criminal intelligence means criminal intelligence within the meaning of repealed section 107A(6). repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\n- (a) a proceeding before QCAT for a review of a decision mentioned in repealed section 107A(1);\n- (b) a proceeding before the Supreme Court about a decision mentioned in repealed section 107A(1).\n- (a) QCAT or the Supreme Court had not made a decision; or\n- (b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\n- (c) QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.","sortOrder":173},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2020","content":"## Transitional provision for Justice and Other Legislation Amendment Act 2020","sortOrder":174},{"sectionNumber":"sec.142","sectionType":"section","heading":"Existing applications","content":"### sec.142 Existing applications\n\nThis section applies in relation to the following applications made, but not decided, before the commencement—\nan application for a licence made under section 10;\nan application for the renewal of a licence made under section 13;\nan application for the restoration of a licence made under section 14.\nThe chief executive must decide the application under part 3 as in force from the commencement.\ns 142 ins 2020 No. 15 s 200\n(sec.142-ssec.1) This section applies in relation to the following applications made, but not decided, before the commencement— an application for a licence made under section 10; an application for the renewal of a licence made under section 13; an application for the restoration of a licence made under section 14.\n(sec.142-ssec.2) The chief executive must decide the application under part 3 as in force from the commencement.\n- (a) an application for a licence made under section 10;\n- (b) an application for the renewal of a licence made under section 13;\n- (c) an application for the restoration of a licence made under section 14.","sortOrder":175}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act consolidates and replaces the earlier Pawnbrokers Act 1984 and Second‑hand Dealers and Collectors Act 1984 (sec.116) and carries existing licences, applications and officers across into the new regime (secs 120, 121, 127, 130, 131, 137). Compared with the repealed Acts, the text incorporates additional machinery for information sharing with relevant agencies (sec.111), explicit limits on the use of criminal intelligence in suitability decisions (sec.7(3) and sec.111(4)), and a modernised set of administrative procedures (licence terms, authorised places, electronic registers, QCAT review references and procedural timelines). These changes broaden the regulatory and administrative framework and centralise decision‑making and compliance processes under the chief executive while preserving transitional continuity for pre‑existing licences (secs 120, 130)."},"complexity_factors":["Multiple overlapping regulatory strands (licensing, criminal offences, record keeping, pawnbroker redemption rules)","Cross‑references to many external Acts and instruments (QCAT Act, Corporations Act, PPS Act, Motor Dealers and Chattel Auctioneers Act, Banking Act) creating layered legal effects","Significant administrative discretion vested in the chief executive (granting, conditioning, suspending, cancelling licences; approving authorised places; requiring reports) (secs 12, 20, 25)","Detailed procedural and evidential rules (show‑cause notices, time limits, QCAT review rights, summary prosecutions) (secs 20, 102, 107)","Extensive record‑keeping obligations and offences for false or altered entries with high maximum penalties (secs 37–41, 53–57, 40–41)","Information‑sharing and confidentiality rules with limits on use and mandatory destruction of criminal‑history materials (secs 111, 112)","Automatic cancellation and suitability criteria involving control orders and convictions, producing conditional outcomes that require factual investigation (secs 7, 21A)","Delegated regulation‑making power leaves many operational details to subordinate instruments (sec.115)","Transitional provisions and repeal of prior statutes create legacy and rollover complexity (secs 116, 119–142)"],"plain_english_summary":"What this law does (mechanics)\n\n- Requires people who carry on a business of buying and selling used goods, or who advance money on goods taken as pawn, to hold a licence (a “second‑hand dealer” or a “pawnbroker”). (sec.6)\n- Sets out who may be investigated and refused a licence on suitability grounds (for example under‑18s, insolvents, recent disqualifying convictions, certain corporations, and people subject to particular control orders). The chief executive makes suitability decisions and may obtain police criminal‑history reports to help decide. (secs 7, 8, 9, 9A)\n- Establishes the application, renewal and restoration process for licences, the information and fees required, and time limits for administrative steps and review rights. The chief executive may grant licences, attach conditions, or refuse them; certain decisions are reviewable by QCAT. (secs 10–17, 20, 107)\n- Requires licensed businesses to operate only at authorised places, display licence details, and keep transaction or property registers (format and particulars prescribed by regulation). Those registers must be made available to police in the form and within the times set by regulation; false entries and removal of entries are offences. (secs 24–28, 35–41, 53–57, 37, 39, 55)\n- Imposes specific conduct rules on when and from whom dealers and pawnbrokers may buy or take goods (age limits, sobriety, time and place limits, information to collect, hold periods for nominated items). There are duties to notify police if acquired goods may be stolen. (secs 44–48, 45, 46, 47, 48, 58–66, 69–71)\n- Gives the chief executive powers to suspend, cancel, or impose conditions on licences, including automatic cancellation in some circumstances (eg. conviction for a disqualifying offence or becoming subject to a relevant control order). (secs 19–21A)\n- Provides for information sharing and limits on use and retention of criminal‑history material and criminal intelligence; contains confidentiality and delegation rules, and sets penalties for various contraventions. (secs 111, 112, 112A, 113)\n- Repeals older pawnbrokers and second‑hand dealers Acts and carries over transitional arrangements for existing licences and applications. (secs 116, 119–142)\n\nOfficial stated purpose\n\n- The Act’s stated objectives are to regulate second‑hand dealers and pawnbrokers, deter crime in the second‑hand property market, and help protect consumers from purchasing stolen property. (sec.3)\n\nTesting the official purpose against mechanisms, costs and incentives (source‑grounded)\n\n- How the Act seeks to deter crime: by requiring licensed operators, mandating record‑keeping and reporter duties to police, and enabling suitability checks using criminal‑history reports (secs 6, 37, 39, 53, 55, 8). Those are concrete monitoring and disclosure mechanisms that raise the probability stolen goods are identified and traced.\n\n- Who pays for the system: applicants and licensees bear application/renewal fees and may be required to pay the actual costs of criminal history reports if the chief executive asks for them (secs 10, 13, 14, 31, 8A). Licensees also bear compliance costs such as maintaining registers, producing licences on request, returning licences when suspended/cancelled, and time costs for record‑keeping and providing information to police (secs 21, 28, 30–33, 37–39, 53–55).\n\n- Regulatory discretion and decision‑makers: the chief executive decides on granting, renewing, restoring, imposing conditions, suspending or cancelling licences and may require additional information from applicants (secs 12, 15, 18, 20, 25). The commissioner of police supplies criminal‑history reports and may notify the chief executive of changes in a person’s criminal history (secs 8, 9). Decisions imposing conditions or refusals must be accompanied by QCAT information notices and may be reviewed in QCAT (secs 12(4), 15(4), 107).\n\n- Compliance burden and enforcement penalties: many obligations carry maximum penalties up to 200 penalty units (for example operating without a licence, failing to keep registers, false entries, unlawful acquisition) and smaller penalties for record‑keeping or display failures (see secs 6, 37, 40–41, 45–47, 52–53, 56–57). Prosecutions are to be taken summarily under the Justices Act with time limits for starting proceedings (sec.102). Inspectors may prosecute (sec.103).\n\n- Limits on the use of police intelligence and confidentiality safeguards: the chief executive may not rely on criminal intelligence given by the police commissioner under the Act when deciding suitability (sec.7(3)). The chief executive and relevant agencies may enter information‑sharing arrangements (sec.111), but criminal intelligence provided under such arrangements may be used only for monitoring compliance (sec.111(4)). Criminal‑history reports and control‑order documents must be destroyed as soon as practicable once no longer needed; confidentiality and limited disclosure rules apply (sec.112(5)). These provisions set limits on what investigative material can be used for licensing decisions and require disposal of sensitive documents (secs 7, 111, 112).\n\n- Effects on business entry, ownership and competition: the Act makes licensing a precondition to operate as a second‑hand dealer or pawnbroker (sec.6). Licences are not transferable (sec.34), and the chief executive can approve or refuse individual authorised places (sec.25). Exemptions exist for certain other regulated businesses and institutions (banks, motor dealers, charities, local governments) so some sectors can continue dealing under other regimes (sec.6(2)). These rules concentrate entry control and create administrative barriers and ongoing compliance obligations for operators.\n\n- Trade-offs and opportunity costs: the Act exchanges administrative and compliance costs borne by applicants/licensees (fees, record keeping, potential licence conditions, reporting) and enforcement activity by regulators for increased monitoring of transactions and a formal pathway for police access to transaction data (secs 8, 10, 37, 39, 53, 55, 111). The source text establishes monitoring and licence control as the mechanism to reduce theft‑related harms (sec.3) but also embeds costs and administrative discretion (secs 12, 20, 25).\n\n- Implementation risks and practical constraints evident in the text: the system relies on timely criminal‑history reporting from police (sec.8), on inspectors to enforce and prosecute (secs 103, 104), and on the chief executive’s administrative capacity to process applications, manage authorised places and handle show‑cause procedures (secs 12, 20, 25). The Act creates specific record‑keeping and reporting obligations that require operational systems (secs 37, 53) and prescribes civil‑law remedies for wrongful conduct (secs 62–66). Time limits for administrative steps and reviews (eg. 14‑day notices, 28‑day representation periods, QCAT review rights) are also built into the process (secs 12(4), 20(1)(e), 107).\n\nConcrete behavioural changes the Act requires or incentivises (source citations)\n\n- Do not operate without a licence; apply and pay prescribed fees (secs 6, 10, 13).  \n- Allow the regulator to check suitability and to obtain criminal‑history reports; provide requested documents when asked (secs 8, 8A, 18).  \n- Keep transaction or property registers in the prescribed form and make certain entries before or immediately after trades or pawns; do not remove or falsify entries (secs 37–41, 53–57).  \n- Provide specified identity and provenance information from people selling or pawning goods; refuse purchases from minors or intoxicated people and observe time/place limits for home acquisitions (secs 45–47, 69–70, 46).  \n- Notify police if goods may be stolen and provide register particulars to police as required by regulation (secs 48, 39, 55).  \n- Produce the licence on request and keep licence documents at authorised places; comply with change‑of‑address and associate reporting obligations (secs 28, 49, 27, 29).\n\nWhere the law changes the previous legal architecture\n\n- The Act repeals the older Pawnbrokers Act 1984 and Second‑hand Dealers and Collectors Act 1984 and contains transitional provisions to carry existing licences and applications over into the new scheme. (secs 116, 119–142)\n\nKey cross‑references and delegated matters\n\n- Many technical details (fees, register format and particulars, time and manner for police reporting, additional penalties for regulations) are left to regulation (sec.115).  \n- The Act cross‑references other statutes for definitions and certain exemptions or procedures (for example the Corporations Act, PPS Act, Motor Dealers and Chattel Auctioneers Act, Banking Act, QCAT Act). (see secs 6, 64, 107 and others)\n\nBottom line (neutral):\n\nMechanically, the Act imposes a licensing and record‑keeping regime for second‑hand dealers and pawnbrokers, backed by criminal and administrative penalties and by information‑sharing with police and certain agencies. The stated effect is to reduce crime and protect consumers (sec.3). The mechanisms used (licensing, suitability checks, registers, police reporting and information sharing) raise compliance and administrative costs for applicants and licensees (secs 8A, 10, 37, 53) and give the chief executive and inspectors substantial operational discretion (secs 12, 20, 103). The Act also constrains who may operate and where they may operate (secs 24, 35, 51, 34), while exempting certain regulated sectors (sec.6)."},"kimi_summary":{"_metrics":{"completionTokens":778},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2003 scope. Major amendments in 2013, 2014, 2016, and 2020 added: (1) integration with the Fair Trading Inspectors Act 2014, transferring enforcement powers; (2) control order and organised crime provisions following the Criminal Law (Criminal Organisations Disruption) Act 2013; (3) automatic licence cancellation for disqualifying offences; (4) enhanced information-sharing with police including criminal intelligence provisions; and (5) QCAT review mechanisms replacing earlier court-based appeals. The Act now functions as part of a broader regulatory framework rather than standalone industry regulation."},"complexity_factors":["Multiple overlapping licence types (second-hand dealer, pawnbroker, or both)","Extensive cross-referencing with other Queensland and Commonwealth legislation (Fair Trading Inspectors Act 2014, Motor Dealers and Chattel Auctioneers Act 2014, Weapons Act 1990, Personal Property Securities Act 2009, etc.)","Numerous exceptions and exemptions in section 6 (11 categories of exempt persons)","Nested definitions of 'associate' and 'effective control' with corporate officer deeming provisions","Conditional logic for licence continuation during renewal/restoration applications (sections 16-17)","Dual pathways for automatic cancellation vs. discretionary cancellation (sections 19-21A)","Separate but parallel regulatory schemes for second-hand dealers and pawnbrokers in Part 4","Multiple transitional provisions preserving rights under repealed legislation","Information-sharing arrangements with criminal intelligence restrictions (section 111)","Prescribed particulars and thresholds left to regulation (e.g., $55 resale value, $40 pawn threshold)"],"plain_english_summary":"This Queensland Act regulates **second-hand dealers** (people who buy and sell used goods) and **pawnbrokers** (people who lend money against personal property as security).\n\n**What it does:**\n- **Requires licences** — You cannot operate as a second-hand dealer or pawnbroker without a licence from the chief executive. Heavy penalties apply (up to 200 penalty units).\n- **Sets suitability standards** — Applicants and their \"associates\" (people with effective control of the business) must pass background checks. You cannot hold a licence if you are under 18, insolvent, have certain criminal convictions, or are subject to control orders.\n- **Mandates record-keeping** — Dealers must keep a \"transactions register\" and pawnbrokers a \"property register\" detailing every item bought or pawned, including seller details and property descriptions. These records must be shared with police.\n- **Protects consumers and prevents crime** — Dealers cannot buy from people under 17 or those under the influence of drugs/alcohol. They must hold items for 7 days to allow police checks. Pawnbrokers must wait 3 months before selling unredeemed pawned items.\n- **Provides enforcement powers** — Inspectors can investigate, and the chief executive can suspend, cancel, or impose conditions on licences. Decisions can be reviewed by QCAT (Queensland Civil and Administrative Tribunal).\n\n**Who it affects:**\n- Second-hand dealers (including market operators)\n- Pawnbrokers\n- Consumers buying second-hand goods\n- Police and fair trading inspectors\n\n**Why it matters:**\nThe Act aims to **deter theft and fencing** (selling stolen goods), **protect buyers from unknowingly purchasing stolen property**, and ensure **fair dealing** in the second-hand market. It replaced two older Acts from 1984 and has been updated multiple times to strengthen oversight and information-sharing with police."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains consistent with its original stated objectives: licensing second-hand dealers and pawnbrokers, deterring crime in the second-hand property market, and protecting consumers from purchasing stolen goods. Amendments over the years have refined and tightened the regime (e.g., adding automatic cancellation provisions for serious criminal convictions, integrating control order provisions linked to organised crime legislation, and aligning with the Fair Trading Inspectors Act) but have not materially expanded or contracted the core scope of the law."},"complexity_factors":["Dual regulatory regime covering two distinct business types (second-hand dealers and pawnbrokers) with separate but overlapping obligations","Extensive cross-referencing to other Queensland and Commonwealth legislation (Motor Dealers and Chattel Auctioneers Act, Weapons Act, Collections Act, Banking Act, Life Insurance Act, Trustee Companies Act, Fair Trading Inspectors Act, Peace and Good Behaviour Act, Penalties and Sentences Act, Corporations Act)","Multiple categories of licence exemptions with different conditions attached to each","Complex suitability criteria incorporating concepts from organised crime legislation (control orders, relevant control orders, registered corresponding control orders)","Distinction between 'automatic cancellation' grounds and discretionary cancellation/suspension grounds, with different procedural pathways for each","Layered definitions (e.g., 'associate', 'effective control', 'second-hand property transaction', 'authorised place') that each carry significant legal consequences","Multiple procedural steps for licensing decisions with strict timeframes and appeal rights to QCAT (Queensland Civil and Administrative Tribunal)","Interaction between criminal intelligence provisions and decision-making — specifically, the restriction on using criminal intelligence in suitability assessments","Record-keeping obligations prescribed partly in the Act and partly by regulation, requiring reference to subordinate legislation for full compliance picture","Multiple amendments over 20+ years have created layered provisions with some sections inserted, omitted, and renumbered"],"plain_english_summary":"## What is this law about?\n\nThis Queensland law regulates two types of businesses that deal in used goods:\n\n1. **Second-hand dealers** — shops or individuals who buy and sell used items (think op shops, cash converters, or people who buy goods door-to-door)\n2. **Pawnbrokers** — businesses that lend money in exchange for valuable items left as security (e.g., pawn shops where you hand over your guitar to borrow cash and can buy it back later)\n\n## Who must get a licence?\n\nAnyone running either of these businesses in Queensland **must hold a licence**. Running one without a licence can result in fines of up to 200 penalty units (a significant amount). There are exemptions for charities, banks, weapons dealers (already licensed under other laws), local councils, and certain other businesses.\n\n## Who can't get a licence?\n\nYou **cannot** hold a licence if you (or anyone in effective control of your business — called an \"associate\"):\n- Are under 18\n- Are bankrupt (technically \"insolvent under administration\")\n- Have been convicted of a serious \"disqualifying offence\" in the last 5 years\n- Are subject to a \"control order\" (a court order typically linked to serious criminal organisations)\n\n## What do licensees have to do?\n\n**Second-hand dealers must:**\n- Keep a detailed register of every transaction (called a \"transactions register\") recording what was bought/sold, from/to whom, and for how much — for any item worth $55 or more, or any jewellery, item with a serial number, etc.\n- Regularly send transaction data to the police\n- Hold onto purchased items for 7 clear working days before selling them (giving police time to check if goods are stolen)\n- Ask sellers for ID and proof of ownership before buying anything\n- Not buy from anyone under 17 or visibly drunk/drugged\n- Display their name and licence details prominently at their shop\n- Not buy items from someone at their home on Sundays, public holidays, or between 6pm and 7am\n- Tell police if they suspect any item they've acquired might be stolen\n\n**Pawnbrokers must:**\n- Keep a \"property register\" of all pawned items\n- Give every customer a \"pawn ticket\" (a receipt for their pawned item)\n- Not sell a pawned item for at least 3 months (the \"redemption period\") — giving the customer time to buy it back\n- Report register details to police regularly\n\n## Why does this matter to ordinary people?\n\n- **If you sell to a second-hand dealer:** You'll be asked for ID. The dealer must record your details. This is by design — it makes it harder to fence (sell) stolen goods.\n- **If you pawn something:** You have 3 months (minimum) to get it back by repaying the loan plus fees. You'll get a pawn ticket — keep it safe.\n- **If you buy from a second-hand shop:** The 7-day holding period and police reporting requirements mean there's a better chance stolen items are identified before they reach the sales floor.\n- **If you run either business:** You need a licence, must keep meticulous records, and face serious fines for breaches."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.7(3)","severity":"high","reasoning":"Section 3 states the Act's objective is to deter crime in the second-hand property market. Section 7 creates a suitability test to keep unsuitable persons out of the industry. Yet s.7(3) expressly bars the chief executive from considering criminal intelligence provided by the police commissioner. The Act thus creates a crime-deterrence licensing regime that deliberately blinds its decision-maker to the most probative law enforcement intelligence available. This directly undermines the Act's own stated objectives.","confidence":0.88,"description":"The chief executive is explicitly prohibited from having regard to criminal intelligence when deciding suitability, yet the entire suitability framework exists to protect the public from criminals. Criminal intelligence is arguably the most relevant information for assessing whether a person poses a risk in the second-hand property market."},{"type":"self_contradicting","section":"sec.9(6)","severity":"medium","reasoning":"Section 9 obliges the commissioner to notify the chief executive when a person's criminal history changes, and s.9(6) expands 'criminal history' to include unresolved charges. The commissioner must therefore report charges. But s.9A(3) says charge information 'may not be relied on' by the chief executive. The reporting obligation creates an administrative burden of receiving and storing information that is legally unusable, creating a pointless notification loop.","confidence":0.85,"description":"The definition of 'criminal history' in s.9 is expanded to include charges not yet dismissed, but s.9A(3) then prohibits the chief executive from relying on charge information when making suitability decisions. Information that triggers the commissioner's notification obligation cannot then be used for any purpose by the recipient of that notification."},{"type":"impossible_compliance","section":"sec.20(2)(c)(ii)","severity":"medium","reasoning":"Renewal and restoration are acts that either occur or do not. A refusal 'for a period' implies that after the period elapses the licence would automatically be renewed or restored without further application, which contradicts the entire application-based framework in ss.13-15. This is likely a drafting error (conflating suspension with refusal) but as written it is logically inoperable.","confidence":0.8,"description":"The provision allows the chief executive to 'refuse to renew or restore the license for a period', which is conceptually incoherent. A refusal to renew or restore is a binary outcome — the licence either continues or it does not. Refusing to renew 'for a period' has no intelligible legal meaning because a refusal does not have a duration; the licence simply lapses."},{"type":"other","section":"sec.42 and sec.45","severity":"low","reasoning":"While not a direct contradiction, the interplay creates an anomaly: a 17-year-old can be employed as an acquirer but cannot themselves sell property to the dealer. More significantly, s.7(1)(a) sets the licence-holding minimum at 18, s.42 sets the employee minimum at 17, and s.45 sets the seller minimum at 17 — three different thresholds with no apparent principled basis for the distinctions, creating confusion about the policy rationale.","confidence":0.7,"description":"Section 42 prohibits employing persons under 17 to acquire second-hand property, while s.45 prohibits acquiring property from persons under 17. The age thresholds are inconsistent: employees must be at least 17, but sellers must also be at least 17. A 17-year-old employee is therefore legally old enough to work but legally prohibited from selling property to their own employer."},{"type":"other","section":"sec.8A(2)","severity":"low","reasoning":"The refund condition is triggered only by whether the chief executive 'asks for' the report, not by whether the report was actually obtained or used. An applicant could pay for a report that is never obtained or never relied upon and receive no refund. Conversely, the chief executive could ask for a report solely to defeat the refund obligation even if the application will be refused on other grounds.","confidence":0.65,"description":"The refund obligation in s.8A(2) requires the chief executive to refund costs if the application is refused 'without asking for the report' or if the applicant withdraws 'before the chief executive asks for the report'. This means if the chief executive asks for the report but never receives it (e.g. the commissioner fails to provide it), or asks for but does not use it, no refund is triggered even if the applicant is denied on unrelated grounds."},{"type":"self_contradicting","section":"sec.19(2)","severity":"high","reasoning":"The logical chain is: disqualifying conviction → mandatory unsuitability under s.7(1)(c) → mandatory refusal of renewal under s.15(2) because applicant is not suitable. But s.19(2) says conviction for a disqualifying offence is not a ground for refusing to renew. These provisions cannot be simultaneously true. Section 21A resolves the cancellation of existing licences but does not address the renewal refusal conflict. A person could theoretically apply to renew a licence after automatic cancellation under s.21A and trigger a contradiction between s.15(2) and s.19(2).","confidence":0.82,"description":"Section 19(2) carves out conviction for a disqualifying offence and becoming subject to a relevant control order as non-grounds for the discretionary show-cause process in s.20, directing these to s.21A instead. However s.19(2) also states these are not grounds for 'refusing to renew or restore', yet s.15(2) requires the chief executive to refuse renewal/restoration when an applicant is not suitable, and s.7(1)(c) and (e) make disqualifying offences and relevant control orders mandatory unsuitability criteria."}],"contradictions":[{"severity":"high","section_a":"sec.7(1)(c)","section_b":"sec.19(2)(a)","confidence":0.85,"description":"Section 7(1)(c) makes conviction for a disqualifying offence within the last 5 years a mandatory unsuitability criterion, meaning a person with such a conviction is automatically not a suitable person. Section 15(2) requires refusal of renewal when the applicant is not suitable. But s.19(2) expressly states that conviction for a disqualifying offence is NOT a ground for refusing to renew or restore a licence (directing instead to s.21A for cancellation). The mandatory refusal path via ss.7 and 15 and the exclusion path via s.19(2) are irreconcilable."},{"severity":"medium","section_a":"sec.9A(3)","section_b":"sec.9(6)","confidence":0.83,"description":"Section 9(6) expands the definition of criminal history for notification purposes to include charges not yet dismissed, and s.9(1)-(3) requires the commissioner to notify the chief executive of such changes. Section 9A(3) then prohibits the chief executive from relying on charge information for any suitability decision. The first provision mandates transmission of information that the second provision prohibits from being used, creating an irreconcilable conflict between the notification duty and the use prohibition."},{"severity":"high","section_a":"sec.3(b)","section_b":"sec.7(3)","confidence":0.8,"description":"Section 3(b) states a main objective of the Act is to deter crime in the second-hand property market. Section 7(3) prohibits the chief executive from having regard to criminal intelligence when assessing suitability of licence applicants. Using criminal intelligence to identify organised crime links is a core tool for deterring crime; prohibiting its use in the suitability assessment directly undermines the Act's stated objective."},{"severity":"low","section_a":"sec.16(1)","section_b":"sec.17(1)","confidence":0.6,"description":"Section 16 provides that a licence continues in force pending a renewal decision, implying the licence has not yet expired when the renewal application is made (consistent with s.13(1) requiring application 'before the licence expires'). Section 17 provides that the licence continues in force from the time it expired pending a restoration decision. However both sections refer to the same licence framework and the same decision process under s.15(4). The two provisions use structurally identical language but describe logically different states (pre-expiry continuance vs post-expiry revival), creating potential confusion about the legal status of the licence in the gap between expiry and restoration application."},{"severity":"medium","section_a":"sec.21(1)","section_b":"sec.21A(2)","confidence":0.78,"description":"Section 21(1) requires return of licence within 14 days 'of the chief executive's decision taking effect' following suspension, cancellation etc. under s.20. Section 21A(2) requires return of licence within 14 days 'after the happening of the event' (conviction or control order) triggering automatic cancellation. Under s.20(4), a decision takes effect on the later of the notice date or a stated date — meaning the s.21 clock starts after notice is given. Under s.21A the clock starts at the triggering event itself, which may predate any notice to the licensee, making it possible for the 14-day period to expire before the licensee is even aware cancellation has occurred."}]}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-dealers-and-pawnbrokers-act-2003","history":"/api/acts/second-hand-dealers-and-pawnbrokers-act-2003/history","analysis":"/api/acts/second-hand-dealers-and-pawnbrokers-act-2003/analysis","conflicts":"/api/acts/second-hand-dealers-and-pawnbrokers-act-2003/conflicts","importantCases":"/api/acts/second-hand-dealers-and-pawnbrokers-act-2003/important-cases","documents":"/api/acts/second-hand-dealers-and-pawnbrokers-act-2003/documents"}}