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Consumer Affairs and Fair Trading Act 1990
321Summary orders if stolen goods pawned, sold or exchanged
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321 Summary orders if stolen goods pawned, sold or exchanged
(1) A person may apply for an order under this section where goods:
(a) have been stolen or unlawfully obtained from him or her or
have been pawned, sold or exchanged without his or her
authority; and
(b) are in the possession of a pawnbroker or second-hand dealer.
(2) A copy of an application for an order under subsection (1) is to be
served on the pawnbroker or second-hand dealer in relation to
whom the application is made.
(3) The Local Court may make an order for:
(a) the delivery of the goods to the owner of the goods; and
(b) the payment by or to the pawnbroker or second-hand dealer of
an amount of money as determined by the Court;
at or by the time stated in the order.
(4) Where a pawnbroker or second-hand dealer:
(a) has disposed of goods after notice that the goods were stolen
or unlawfully obtained; or
(b) refuses or fails to deliver goods in accordance with an order of
the Local Court;
the Court may order that the pawnbroker or dealer pay to the owner
of the goods an amount determined by the Court as compensation
for the value of the goods.