CONSUMER AFFAIRS AND FAIR TRADING (PAWNBROKERS AND SECOND-HAND DEALERS) REGULATIONS 1998
1CONSUMER AFFAIRS AND FAIR TRADING (PAWNBROKERS AND SECOND-HAND DEALERS) REGULATIONS 1998
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NORTHERN TERRITORY OF AUSTRALIA
CONSUMER AFFAIRS AND FAIR TRADING (PAWNBROKERS AND
SECOND-HAND DEALERS) REGULATIONS 1998
As in force at 10 February 2026
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Exempt second-hand goods ............................................................ 1
Part 2 Licence applications
4 Fees ................................................................................................ 1
5 Details to be included on licence application ................................... 3
6 Details to be published in newspaper .............................................. 4
7 Evidence of identity for licence application ...................................... 4
Part 3 Identification
9 Particulars to be kept in Register ..................................................... 4
10 Identification to be worn by employee entering into contract ........... 6
11 Identification of persons entering into contract ................................ 6
Part 4 Records to be kept
12 Records to be made by pawnbroker ................................................ 7
13 Records to be provided by second-hand dealer .............................. 7
14 Keeping of records by pawnbrokers ................................................ 7
15 Keeping of records by second-hand dealers ................................... 7
16 Records to be kept in relation to compact discs .............................. 7
17 Access for enforcement purposes to information about goods ........ 8
Schedule Goods not to be treated as second-hand
goods
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 10 February 2026
CONSUMER AFFAIRS AND FAIR TRADING (PAWNBROKERS AND
SECOND-HAND DEALERS) REGULATIONS 1998
Regulations under the Consumer Affairs and Fair Trading Act 1990
Part 1 Preliminary
1 Citation
These Regulations may be cited as the Consumer Affairs and Fair
Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998.
2 Commencement
These Regulations come into operation on the commencement of
Part 14 of the Consumer Affairs and Fair Trading Act 1990.
3 Exempt second-hand goods
For the purposes of the definition of second-hand goods in
section 244(1) of the Act, goods that have been worn or otherwise
used and that are goods specified in the Schedule are not to be
treated as second-hand goods for the purposes of the Act.
Part 2 Licence applications
4 Fees
(1) For the purposes of sections 251(1)(b) and 255(1)(b) of the Act, in
relation to an application for the grant or renewal of a pawnbroker's
licence or second-hand dealer's licence, the fee is:
(a) where the applicant is a natural person – 55 revenue units
plus:
(i) where the application is for a licence for one year –
170 revenue units;
(ii) where the application is for a licence for 2 years –
285 revenue units; or
Part 2 Licence applications
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 2
(iii) where the application is for a licence for 3 years –
400 revenue units; or
(b) where the applicant is a corporation – 115 revenue units plus:
(i) where the application is for a licence for one year –
170 revenue units;
(ii) where the application is for a licence for 2 years –
285 revenue units; or
(iii) where the application is for a licence for 3 years –
400 revenue units;
(c) where the Director, under section 253 of the Act, waives the
requirement for the publication of a notice under section 251
of the Act in relation to the application – 115 revenue units;
(d) where the licence will relate to more than one business
premises – 115 revenue units in relation to each additional
business premises; and
(e) where the application is for renewal of a licence later than
28 days before the day on which the licence is due to expire –
170 revenue units.
(2) For the purposes of sections 251(1)(b) and 255(1)(b) of the Act, in
relation to an application for the grant or renewal of a
pawnbroker/second-hand dealer's licence, the fee is:
(a) where the applicant is a natural person – 85 revenue units
plus:
(i) where the application is for a licence for one year –
230 revenue units;
(ii) where the application is for a licence for 2 years –
400 revenue units; or
(iii) where the application is for a licence for 3 years –
515 revenue units; or
(b) where the applicant is a corporation – 170 revenue units plus:
(i) where the application is for a licence for one year –
230 revenue units;
(ii) where the application is for a licence for 2 years –
400 revenue units; or
Part 2 Licence applications
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 3
(iii) where the application is for a licence for 3 years –
515 revenue units;
(c) where the Director, under section 253 of the Act, waives the
requirement for the publication of a notice under section 251
of the Act in relation to the application – 115 revenue units;
(d) where the licence will relate to more than one business
premises – 115 revenue units in relation to each additional
business premises; and
(e) where the application is for renewal of a licence on a day later
than 28 days before the day on which the licence is due to
expire – 170 revenue units.
(3) The fee for the purposes of section 268(2) of the Act is 5 revenue
units.
(4) Where a licence is, in accordance with regulation, to be issued:
(a) for less than 12 months – the fee payable is, for each whole
month for which the licence is issued, 1/12th of the fee for
issue of a licence for 12 months;
(b) for more than 1 year but less than 2 years – for each whole
month for which the licence is issued, 1/12th of the fee for
issue of a licence for 2 years; or
(c) for more than 2 years but less than 3 years – for each whole
month for which the licence is issued, 1/12th of the fee for
issue of a licence for 3 years.
5 Details to be included on licence application
For the purposes of section 251(1)(a) of the Act, the following
details are prescribed:
(a) the applicant's name;
(b) if the application is made by a corporation – the name of each
director of the corporation;
(c) the business name under which the applicant proposes to
conduct business as a pawnbroker, second-hand dealer or
pawnbroker/second-hand dealer;
(d) the business premises and storage premises to which the
licence, if granted, will apply.
Part 3 Identification
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 4
6 Details to be published in newspaper
For the purposes of section 251(4)(b) of the Act, the following
details are prescribed:
(a) the applicant's name;
(b) if the application is made by a corporation – the name of each
director of the corporation;
(c) the business name under which the applicant proposes to
conduct business as a pawnbroker, second-hand dealer or
pawnbroker/second-hand dealer, as the case may be;
(d) the business premises to which the licence, if granted, will
apply.
7 Evidence of identity for licence application
For the purposes of section 254(a)(iv) of the Act, evidence of the
identity of a person applying for the grant of a licence may consist
of any one of the following:
(a) a certificate as to the applicant's Australian citizenship;
(b) a document establishing the discharge of the applicant from
an Australian defence force;
(c) a document establishing the applicant has been appointed as
a commissioner for oaths or justice of the peace;
(d) a document, issued by the department of the Commonwealth
with primary responsibility for the administration of
immigration, evidencing that the applicant has been granted
permanent residency in Australia.
Part 3 Identification
9 Particulars to be kept in Register
For the purposes of section 268(1)(e) of the Act, the following
particulars are prescribed:
(a) the address of the storage premises to which the licence
applies;
(b) where the holder of a licence is a corporation:
(i) the name and address of each director of the
corporation;
Part 3 Identification
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 5
(ii) the registration number, within the meaning of the
Corporations Act 2001, of the corporation; and
(iii) the registered office within Australia, within the meaning
of the Corporations Act 2001, of the corporation;
(c) where the holder of a licence is a partnership – the name of
each partner;
(d) where the holder of a licence is a natural person – his or her
residential address;
(e) a waiver under section 253 of the Act in relation to the licence;
(f) the number assigned by the Director to the licence;
(g) the date on which the licence was granted;
(h) details of the conditions or restrictions to which the licence is
subject;
(j) the surrender of the licence and the date on which it was
surrendered;
(k) the revocation of the licence and the date of and the reasons
for the revocation;
(m) the suspension of the licence, the date of and duration of the
suspension and the reasons for the suspension;
(n) a summary of each conviction for a breach of the Act by:
(i) the holder of the licence;
(ii) a partner in a partnership that is the holder of the
licence; or
(iii) a director of a corporation that is the holder of the
licence,
whether the conviction occurred before or after the
commencement of Part 14 of the Act.
Part 3 Identification
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 6
10 Identification to be worn by employee entering into contract
(1) For the purposes of section 275(4) of the Act, a person employed at
business premises whose functions include entering into contracts
at the premises is to display a badge, worn at chest height, on
which:
(a) his or her name appears in legible letters not less than 7 mm
in height;
(b) the business name of the business at the premises appears in
legible letters not less than 7 mm in height; and
(c) no advertising material, other than the business logo, appears.
(2) For the purposes of subregulation (1)(a), the person's name is to
correspond with his or her name as kept under section 275(1)(a) of
the Act, except that it may be reduced to his or her first given name
and surname only.
11 Identification of persons entering into contract
(1) For the purposes of section 277(1)(b)(iii) of the Act, a document
issued by:
(a) an Agency of the Territory;
(b) a department or statutory authority of the Commonwealth or a
State or another Territory of the Commonwealth; or
(c) a local government of the Territory, a State or another
Territory of the Commonwealth,
that contains a current photograph of the person, the person's
name and an unique identifying number is a prescribed means by
which a person's identity may be identified.
(2) If a person cannot provide a document referred to in
subregulation (1), 2 documents issued by:
(a) an Agency of the Territory;
(b) a department or statutory authority of the Commonwealth or a
State or another Territory of the Commonwealth; or
(c) a local government of the Territory, a State or another
Territory of the Commonwealth,
that contain the person's name and an unique identifying number is
a prescribed means by which a person's identity may be identified.
Part 4 Records to be kept
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 7
Part 4 Records to be kept
12 Records to be made by pawnbroker
For the purposes of section 279(s) of the Act, the sale price of
unredeemed goods that are sold by the pawnbroker is prescribed.
13 Records to be provided by second-hand dealer
For the purposes of section 282(1)(a) of the Act, the records
specified in section 281(a) to (g) (inclusive) of the Act are
prescribed.
14 Keeping of records by pawnbrokers
(1) For the purposes of section 283(1)(b) of the Act, all records
required under section 279 of the Act to be recorded by a
pawnbroker in relation to each contract entered into by or on behalf
of the pawnbroker are to be kept:
(a) in an electronic form or in a bound book; and
(b) in the numerical order of the distinguishing number required to
be recorded in relation to the contract under section 279(a) of
the Act.
(2) For the purposes of section 283(1)(b) of the Act, all affidavits
provided to a pawnbroker under section 286 of the Act are to be
kept together in a file.
15 Keeping of records by second-hand dealers
For the purposes of section 283(2)(b) of the Act, all records
required under section 281 of the Act to be made by a second-hand
dealer in relation to contracts entered into by or on behalf of the
second-hand dealer are to be kept:
(a) in an electronic form or in a bound book; and
(b) in the numerical order of the distinguishing number required to
be recorded in relation to the contract under section 281(1)(a)
of the Act.
16 Records to be kept in relation to compact discs
A pawnbroker or second-hand dealer must ensure that where a
contract is entered into in relation to a compact disc, the title of the
disc and the name of the artist are recorded as soon as the
information becomes available to the pawnbroker or second-hand
dealer or a person entering into the contract on behalf of the
Part 4 Records to be kept
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 8
pawnbroker or second-hand dealer.
17 Access for enforcement purposes to information about goods
(1) For the purposes of section 316 of the Act, the following persons
are prescribed:
(a) authorized officers;
(b) members of the Police Force.
(2) For the purposes of section 316 of the Act, a pawnbroker is, at the
request of a person prescribed under subregulation (1), to enable
the person to view the computer database or the bound book in
which the information specified in section 279(a) to (e) (inclusive) of
the Act is recorded in relation to each contract entered into by the
pawnbroker.
(3) For the purposes of section 316 of the Act, a second-hand dealer
is, at the request of a person prescribed under subregulation (1), to
enable the person to view the computer database or the bound
book in which the information specified in section 281(1)(a) to (e)
(inclusive) of the Act is recorded in relation to each contract entered
into by the second-hand dealer.
Schedule Goods not to be treated as second-hand goods
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 9
Schedule Goods not to be treated as second-hand goods
regulation 3
Boats (but not including outboard motors or other marine equipment).
Books, magazines and periodicals.
Ferrous and non-ferrous scrap metals (other than gold or silver).
Goods collected under a recycling scheme for the purposes of a
council constituted under the Local Government Act 2019.
Goods (other than jewellery) purchased for the purpose of
manufacturing another article from the goods.
Clothing, including footwear.
Furniture, including lamps and light fittings (other than electrical or
electronic appliances or movable heaters, where the second-hand
dealer's retail sale price is greater than $30).
Household soft furnishings, including rugs, curtains and manchester.
Household decorative goods, including statues, figurines, paintings,
prints and drawings.
Kitchenware, including pots, pans, crockery and cutlery (but not
domestic, electrical or electronic appliances where the second-hand
dealer's retail sale price is greater than $30).
Motor vehicles.
Mining machinery and parts.
Farming machinery and parts (but not accessories such as audio
equipment, electronic monitoring equipment or lamps, other than those
required under the Motor Vehicles Act 1949).
Rags.
Bones.
Glassware, including bottles.
Cans.
Waste plastic materials.
Waste paper materials.
Schedule Goods not to be treated as second-hand goods
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 10
20. Salvaged building materials including doors, window frames, tiles,
bricks and timber.
21. White goods in the nature of large domestic electrical equipment,
including refrigerators, freezers, washing machines, clothes dryers,
ovens and ironing presses (but not portable or camping refrigerators or
microwave or microwave/convection ovens).
22. Camping equipment and fishing gear where the second-hand dealer's
retail sale price is or will be less than $30.
23. Collectables such as stamps, trading cards, dolls, toys and military
memorabilia.
24. Records and cassette tapes.
ENDNOTES
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 11
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations (SL No. 20, 1998)
Notified 1 July 1998
Commenced 1 July 1998
Amendment of Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand
Dealers) Regulations (SL No. 25, 2000)
Notified 14 June 2000
Commenced 14 June 2000
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Act No. 50,
2001) (Cth) and Cth Gaz S285, 13 July 2001)
Consumer Affairs and Fair Trading Amendment Regulations 2006 (SL No. 15, 2006)
Notified 31 May 2006
Commenced 1 July 2006 (r 2, s 2 Consumer Affairs and Fair Trading
Amendment Act 2002 (Act No. 41, 2002) and Gaz G20,
17 May 2006, p 6)
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)
Assent date 14 November 2008
Commenced 1 July 2008 (s 2)
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
ENDNOTES
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers)
Regulations 1998 12
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Local Government Act 2019 (Act No. 39, 2019)
Assent date 13 December 2019
Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,
30 June 2021)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Local Government Amendment Act 2021 (Act No. 15, 2021)
Assent date 25 May 2021
Commenced 26 May 2021 (s 2)
Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)
Assent date 31 October 2022
Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,
21 December 2022, p 1)
Trade, Business and Asian Relations Legislation Amendment (Streamlining Licensing
Schemes and Other Matters) Act 2026 (Act No. 2, 2026)
Assent date 9 February 2026
Commenced 10 February 2026 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 2 and sch.
4 LIST OF AMENDMENTS
r 4 amd No. 15, 2006, r 6; No. 34, 2009, r 10; Act No. 21, 2022, s 50
r 5 amd No. 15, 2006, r 7
r 6 amd No. 15, 2006, r 8
r 7 amd Act No. 40, 2010, s 202; Act No. 8, 2016, s 45
r 8 amd Act No. 21, 2022, s 50
rep Act No. 2, 2026, s 24
r 9 amd Act No. 17, 2001, s 22; Act No. 21, 2022, s 50
r 11 amd No. 25, 2000
sch amd Act No. 28, 2008, s 4; Act No. 39, 2019, s 370