322Summary order where second-hand dealer or pawnbroker

322 Summary order where second-hand dealer or pawnbroker claims goods (1) A pawnbroker or second-hand dealer may apply to the Local Court for an order under this section where: (a) a certificate under section 318(2) is produced to the pawnbroker or second-hand dealer, or an employee of the pawnbroker or second-hand dealer, in possession of the goods; or

Consumer Affairs and Fair Trading Act 1990 132 (b) goods in respect of which the pawnbroker or second-hand dealer has rights have been returned to a person under section 319(5)(a). (2) Where an application is made under subsection (1), the Court may issue a summons for the production of the goods and the appearance before the Court of each person who appears to the Court to have a claim of ownership of, or rights in respect of, the goods. (3) The Local Court may: (a) make an order for the delivery of the goods to the party who appears to be the rightful owner of the goods; or (b) where the owner cannot be ascertained, make any order with respect to the goods the Court thinks fit; and may make an order for the payment by or to a party making a claim for the goods of an amount of money as determined by the Court at or by the time stated in the order.