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Consumer Affairs and Fair Trading Act 1990
322Summary order where second-hand dealer or pawnbroker
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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.