NTIn ForceAct
Consumer Affairs and Fair Trading Act 1990
319Seizure of goods suspected stolen
Start here
Get a plain-English read of 319
Turn the raw legal text into a practical explanation grounded in Consumer Affairs and Fair Trading Act 1990.
319 Seizure of goods suspected stolen
licence applies and has reasonable cause to suspect that goods in
the possession of a pawnbroker or second-hand dealer have been
Consumer Affairs and Fair Trading Act 1990 130
stolen or otherwise unlawfully obtained, the member may without
warrant seize the goods.
(2) Where goods are seized from a pawnbroker or second-hand dealer
a police officer is to:
(a) issue a receipt for the goods as soon as practicable; and
(b) where the record is in a signable format and the person who at
the time is apparently in charge of the premises so requests,
sign the record made under section 279 or 281, as the case
may be.
(3) A pawnbroker or second-hand dealer may request that a police
officer, before leaving premises at which goods have been seized
under this section, sign a document accurately listing the goods
seized, and the member is to comply with the request.
(4) Where it is established to the satisfaction of a police officer that
goods seized from a pawnbroker or second-hand dealer have not
been stolen or otherwise unlawfully obtained, a member of the
Police Force is to return the goods to the pawnbroker or second-
hand dealer as soon as practicable.
(5) Where subsection (4) does not apply in relation to goods seized
from a pawnbroker or second-hand dealer, a police officer:
(a) is to return the goods to the owner of the goods; or
(b) where the goods are not returned to the owner and competing
claims have been made as to rights in respect of the goods,
keep the goods in safe custody until the claims have been
determined;
and in either case, is to notify the pawnbroker or second-hand
dealer of the manner of disposal.
(6) Nothing in subsection (5) affects a right of a pawnbroker or second-
hand dealer to take proceedings to recover possession of goods
seized from the pawnbroker or dealer but the proceedings are to be
commenced within 6 months after the day the goods are seized.