Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Pawnbrokers Act 1902
A1902-66
Republication No 14
Effective: 23 June 2021
Republication date: 23 June 2021
Last amendment made by A2021-12
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Pawnbrokers Act 1902 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes
any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation Act
2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Pawnbrokers Act 1902
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Application of Act 2
Part 3 Business of pawnbroking
8 Pawnbrokers—carrying on business 3
9 Records of pawned articles received 3
10 Duplicates of records 4
11 Production of duplicates 4
12 Holders of duplicates taken to be owners of pawned articles 5
Contents
Page
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13 Period for sale or disposal of pawned articles 6
14 Selling or disposing before end of redemption period 6
15 Method of sale for certain pawned articles 6
16 Pawnbroker not to buy pawned article 7
17 Application of proceeds of sale 7
18 Records of pawned articles sold or disposed of 8
19 Inspection of records 9
20 Persons attempting to redeem article when not entitled to do so may
be apprehended 9
Part 4 Miscellaneous
26 Magistrates Court may order return of article 10
29 Regulation-making power 10
Dictionary 11
Endnotes
1 About the endnotes 12
2 Abbreviation key 12
3 Legislation history 13
4 Amendment history 17
5 Earlier republications 24
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Australian Capital Territory
Pawnbrokers Act 1902
An Act to provide for the licensing and regulation of pawnbrokers, and for other
purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Pawnbrokers Act 1902.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘redemption period—see section 13
(1) (Period for sale of pawned articles).’ means that the term ‘redemption
period’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act 2001, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of
notes.
4 Application of Act
This Act does not apply to loans or advances made on any goods,
chattels, livestock, wool, bonds, bills, title deeds, or other security by
merchants, bankers, commission agents, brokers, or licensed
auctioneers in the ordinary and genuine course of mercantile or
banking transactions if the interest on the loans or advances does not
exceed the rate of 14% per annum.
Business of pawnbroking Part 3
Section 8
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Part 3 Business of pawnbroking
8 Pawnbrokers—carrying on business
(1) A licensed pawnbroker must not carry on business as a pawnbroker
at a place other than premises stated in the licence.
Maximum penalty: 50 penalty units.
(2) A licensed pawnbroker must not, without reasonable excuse, fail to
produce the pawnbroker’s licence on demand made by a police
officer at premises stated in the licence.
Maximum penalty: 5 penalty units.
(3) A licensed pawnbroker must not buy, receive or take in pawn an
article from a person if the pawnbroker believes or has reasonable
grounds to believe that the person is—
(a) under 14 years old; or
(b) drunk.
Maximum penalty: 30 penalty units.
9 Records of pawned articles received
(1) This section applies if a licensed pawnbroker takes in pawn an article
on which money is to be lent to a person.
(2) Before giving the money to the person, the pawnbroker must make a
record for the article that contains the following information:
(a) an accurate description of the article;
(b) the amount to be lent;
(c) the rate of interest to be charged on the amount, by the week or
month;
(d) the date the article is pawned;
(e) the name and home address given by the person;
Part 3 Business of pawnbroking
Section 10
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(f) if the period for redemption of the article is longer than
3 months—the period.
(3) The pawnbroker must not give the money to the person unless the
pawnbroker reasonably believes that the name and address given by
the person is accurate.
(4) A licensed pawnbroker must, in each calendar year, consecutively
number the records for pawned articles made under this section,
starting at 1 for the first pawned article.
(5) A licensed pawnbroker who, without reasonable excuse, contravenes
this section commits an offence.
Maximum penalty: 20 penalty units.
10 Duplicates of records
(1) If a licensed pawnbroker takes in pawn an article on which money is
to be lent to a person, the pawnbroker must give the person (without
charge) a duplicate of the record mentioned in section 9 (2) (Records
of pawned articles received) signed by the pawnbroker.
Maximum penalty: 5 penalty units.
(2) If the person does not take the duplicate, the pawnbroker must return
the article to the person.
11 Production of duplicates
(1) A person (the person) who pawned an article with a licensed
pawnbroker (the pawnbroker) must produce the duplicate for the
article to redeem the article, unless the duplicate is lost or stolen.
(2) If the person does not have the duplicate because it is lost or stolen,
the person must give the pawnbroker a statement setting out the
circumstances of the loss or theft.
Note It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
Business of pawnbroking Part 3
Section 12
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(3) The pawnbroker must give a copy of the record for the article, signed
by the pawnbroker, to the person if—
(a) the pawnbroker is satisfied that the statement gives an adequate
explanation of the loss or theft; and
(b) the article has not been redeemed; and
(c) the person asks for a copy of the record.
Maximum penalty (subsection (3)): 5 penalty units.
12 Holders of duplicates taken to be owners of pawned
articles
(1) This section applies if a person—
(a) produces the duplicate for a pawned article to the licensed
pawnbroker who gave the duplicate; and
(b) claims to be the owner or authorised by the owner; and
(c) asks to redeem the article.
(2) The person is taken to be the owner of the article, or authorised by the
owner and entitled to redeem the article.
(3) However, subsection (2) does not apply if—
(a) the pawnbroker has notice from the real owner that the duplicate
was lost or stolen; or
(b) the pawnbroker reasonably believes that the article was stolen
from the real owner.
(4) If the pawnbroker refuses to give the article to the person mentioned
in subsection (1), the pawnbroker must—
(a) tell a police officer immediately about the refusal and the
reasons for it; and
(b) give the officer the person’s name and home address or a
description of the person.
Part 3 Business of pawnbroking
Section 13
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(5) A licensed pawnbroker must not, without reasonable excuse,
contravene subsection (4).
Maximum penalty: 5 penalty units.
13 Period for sale or disposal of pawned articles
(1) The period during which a pawned article may be redeemed (the
redemption period) is—
(a) 3 months; or
(b) if a longer period is agreed to by the licensed pawnbroker and
the person pawning the article—the longer period.
(2) A pawned article that is not redeemed by the end of the redemption
period for the article is forfeited to the licensed pawnbroker who has
the article, and may be sold or disposed of in another way.
(3) An agreement for the forfeiture of a pawned article before the end of
3 months is void.
14 Selling or disposing before end of redemption period
A licensed pawnbroker must not sell, or dispose of in another way, a
pawned article before the end of the redemption period for the article.
Maximum penalty: 50 penalty units
15 Method of sale for certain pawned articles
(1) This section applies to an article—
(a) taken in pawn by a licensed pawnbroker from a person; and
(b) on which more than $500 was lent to the person by the
pawnbroker; and
(c) that is forfeited under this Act.
(2) The article must be sold by public auction.
Business of pawnbroking Part 3
Section 16
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(3) On 2 separate occasions at least 4 days before the proposed sale, the
pawnbroker must give public notice about the sale.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(4) The notice must contain a list of the articles to be sold by auction and
the date each article was pawned.
(5) A licensed pawnbroker who sells an article otherwise than in
accordance with this section must pay the owner of the article $500.
16 Pawnbroker not to buy pawned article
If a licensed pawnbroker or a person acting on behalf of the
pawnbroker buys an article pawned with the pawnbroker, the
purchase is not valid against the owner.
17 Application of proceeds of sale
(1) This section applies if—
(a) a pawned article is sold by the licensed pawnbroker with whom
the article was pawned; and
(b) there is a surplus; and
(c) the person by or for whom the article was pawned claims the
surplus within 12 months of the sale.
(2) Within 2 days of the person’s claim, the pawnbroker must pay the
person the surplus, less any necessary charges relating to the sale.
(3) A licensed pawnbroker must not, without reasonable excuse,
contravene subsection (2).
Maximum penalty: 50 penalty units.
Part 3 Business of pawnbroking
Section 18
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(4) In this section:
surplus means the amount remaining after the following are
subtracted from the amount paid for the article:
(a) the amount lent by the pawnbroker on the security of the article
(the advance);
(b) any interest due at the time of the sale of the article in relation
to the advance.
18 Records of pawned articles sold or disposed of
(1) This section applies if a licensed pawnbroker sells or otherwise
disposes of a pawned article.
(2) The pawnbroker must make a record for the article that contains the
following information:
(a) the record number for the article made under section 9 (4)
(Records of pawned articles received);
(b) the date the article was pawned;
(c) the name given by the person who pawned the article;
(d) the date the article was sold or disposed of;
(e) the amount for which the article was sold.
Maximum penalty: 20 penalty units.
(3) A pawnbroker must not knowingly or recklessly make a false record
under this section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Business of pawnbroking Part 3
Section 19
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19 Inspection of records
(1) This section applies if—
(a) a licensed pawnbroker sells or otherwise disposes of a person’s
pawned article; and
(b) the person produces the duplicate for the article; and
(c) the person asks to inspect the record about the sale or disposal.
(2) The pawnbroker must let the person inspect the record.
Maximum penalty: 5 penalty units.
20 Persons attempting to redeem article when not entitled to
do so may be apprehended
If any person not entitled nor having any colour of title by law to
redeem any article in pledge or pawn attempts or endeavours to
redeem the article, the pawnbroker with whom the article is in pledge,
or the servant or agent of the pawnbroker, may seize and detain the
person and deliver the person immediately to the custody of a police
officer to be dealt with according to law.
Part 4 Miscellaneous
Section 26
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Part 4 Miscellaneous
26 Magistrates Court may order return of article
(1) This section applies if—
(a) a pawned article was pawned unlawfully; and
(b) the Magistrates Court is satisfied about the ownership of the
article.
(2) The Magistrates Court may order that the article be returned to the
owner and that the person with whom the article was pawned pay
compensation to the owner.
29 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act 2001 contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following
terms:
• fail
• police officer.
article includes a chattel or goods.
duplicate, for a pawned article, means a duplicate mentioned in
section 10 (1) of a record mentioned in section 9 (2).
licensed means licensed under the Traders (Licensing) Act 2016.
pawnbroker means a person who carries on the business of lending
money on the security of an article taken by the person by way of
pawn, pledge or as security.
Note A person must not carry on business as a pawnbroker unless the person
is licensed as a pawnbroker under the Traders (Licensing) Act 2016.
pawned article means an article taken by a licensed pawnbroker by
way of pawn, pledge or as security.
redemption period—see section 13 (1) (Period for sale of pawned
articles).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a NSW Act—the Pawnbrokers Act 1902 A1902-66 (NSW).
The Act was in force in NSW immediately before 1 January 1911 (the date of
establishment of the ACT) and was continued in force by the Seat of Government
Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had
effect in the ACT as if it were an ACT law (subject to ordinances made under the
Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former NSW laws in force in the ACT into ACT enactments. This
allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was
converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967, s 65 (now expired) all former NSW Acts in force
in the ACT immediately before 10 November 1999 (including this Act) became,
for all purposes, laws made by the ACT Legislative Assembly. This completed the
process of making former NSW Acts fully into ACT laws.
NSW legislation
Pawnbrokers Act 1902 A1902-66
assented to 4 September 1902
commenced 4 September 1902
Commonwealth legislation
as amended by
Magistrates Court Ordinance 1985 Ord1985-67
notified 19 December 1985 (Cwlth Gaz 1985 No S542)
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
New South Wales Acts Ordinance 1986 Ord1986-91
notified 12 January 1987 (Cwlth Gaz 1987 No S1)
commenced 12 January 1987 (see Seat of Government
(Administration) Act 1910 (Cwlth), s 12)
Endnotes
3 Legislation history
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Legislation after becoming Territory enactment
Pawnbrokers (Amendment) Act 1990 A1990-33
notified 30 Oct 1990 (Gaz 1990 No S72)
ss 1-3 commenced 30 Oct 1990 (s 2 (1))
remainder commenced 1 Dec 1990 (s 2 (2) and Gaz 1990 No 46)
Magistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 9
notified 20 Sept 1991 (Gaz 1991 No S95)
s 1, s 2 commenced 20 Sept 1991 (s 2 (1))
s 9 commenced 25 Sept 1991 (s 2 (2) and Gaz 1991 No S103)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 Nov 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 Nov 1994 (s 2 (1))
sch commenced 29 Nov 1994 (s 2 (2) and Gaz 1994 No S269)
Pawnbrokers (Amendment) Act 1995 A1995-15
notified 30 June 1995 (Gaz 1995 No S135)
commenced 30 June 1995 (s 2)
Law Reform (Miscellaneous Provisions) Act 1999 A1999-66
notified 10 Nov 1999 (Gaz 1999 No 45)
commenced 10 Nov 1999 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 276
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 276 commenced 12 September 2001 (s 2 and see Gaz 2001 No
S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.39
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2002
A2002-27 pt 9, pt 1.1
notified LR 9 September 2002
s 1, s 2 commenced 9 September 2002 (LA s 75)
pt 9, pt 1.1 commenced 7 October 2002 (s 2 (2))
Endnotes
Legislation history 3
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Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.63
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.63 commenced 9 April 2004 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2011
(No 3) A2011-49 sch 1 pt 1.7
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.7 commenced 12 December 2011 (s 2 (2) (a) and see
Statute Law Amendment Act 2011 (No 3) A2011-52 s 2)
Justice and Community Safety Legislation (Red Tape Reduction
No 1—Licence Periods) Amendment Act 2013 A2013-28 pt 7
notified LR 21 August 2013
s 1, s 2 commenced 21 August 2013 (LA s 75 (1))
pt 7 commenced 22 August 2013 (s 2)
Red Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 8
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
pt 8 commenced 7 November 2014 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.50
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.50 commenced 14 October 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016-18
sch 3 pt 3.32
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.32 commenced 27 April 2016 (s 2)
Traders (Licensing) Act 2016 A2016-46 sch 2 pt 2.3
notified LR 22 August 2016
s 1, s 2 commenced 22 August 2016 (LA s 75 (1))
sch 2 pt 2.3 commenced 22 August 2017 (s 2)
Endnotes
3 Legislation history
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Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.40
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.40 commenced 23 June 2021 (s 2 (1))
Endnotes
Amendment history 4
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4 Amendment history
The New South Wales Acts Act 1986 (previously the New South Wales Acts
Ordinance 1986), sch 2, pt 2 sets out the text of this Act in an amended form and
provided for the amended form to apply as the text of the Act in force in the ACT.
This endnote, therefore, only details amendments made after that date.
Title
title sub A2002-27 amdt 1.1
Name of Act
s 1 sub A2001-56 amdt 3.450
Dictionary
s 2 ins A2002-27 amdt 1.2
am A2016-46 amdt 2.15
Notes
s 3 sub A2002-27 amdt 1.2
def article om A2002-27 amdt 1.2
def charge am A1995-15 s 4
om A2002-27 amdt 1.2
def convicted am A1995-15 s 4
om A2002-27 amdt 1.2
def court am A1995-15 s 4
om A2002-27 amdt 1.2
def licence om A2002-27 amdt 1.2
def pawnbroker om A2002-27 amdt 1.2
def registrar am A1995-15 s 4
om A2002-27 amdt 1.2
Application of Act
s 4 hdg sub A2002-27 amdt 1.3
s 4 am A2002-27 amdt 1.4, amdt 1.5
Licences
pt 2 hdg sub A2002-27 s 29
om A2016-46 amdt 2.16
Pawnbrokers to be licensed
s 5 sub A1990-33 s 4
am A1994-81 sch
sub A2002-27 s 29
am A2013-28 s 14
om A2016-46 amdt 2.16
Endnotes
4 Amendment history
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Pawnbrokers must be licensed
s 6 am A1991-44 s 9
sub A1995-15 s 5
am A2001-44 amdt 1.3099, amdt 1.3100
om A2002-27 s 29
ins A2002-27 amdt 1.6
om A2016-46 amdt 2.17
Licences
s 6A ins A1995-15 s 5
am A2001-56 amdt 3.451
om A2002-27 s 29
Name of pawnbroker etc to be displayed on premises
s 7 sub A1995-15 s 5
am A2001-56 amdt 3.452
om A2002-27 s 29
ins A2002-27 amdt 1.6
om A2014-47 s 13
Objections to granting of licences
s 7A sub A1995-15 s 5
sub A2001-56 amdt 3.453
om A2002-27 s 29
Pawnbrokers—carrying on business
s 8 hdg ins A2002-27 s 30
s 8 am A1991-44 s 9
sub A1995-15 s 5
am A2001-44 amdt 1.3101, amdt 1.3102; A2001-56 amdt
3.454, amdt 3.455
om A2002-27 s 29
ins A2002-27 s 31
am A2002-27 amdt 1.7; A2021-12 amdt 3.94
Duration of licences
s 8A ins A1995-15 s 5
om A2002-27 s 29
Record of licences to be kept
s 8B ins A1995-15 s 5
om A2002-27 s 29
Records of pawned articles received
s 9 am A1990-33 s 5; A1994-81 sch
om A2002-27 s 29
ins A2002-27 amdt 1.9
Duplicates of records
s 10 om A2002-27 s 29
ins A2002-27 amdt 1.9
Endnotes
Amendment history 4
R14
23/06/21
Pawnbrokers Act 1902
Effective: 23/06/21
page 19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Production of duplicates
s 11 am A1990-33 s 6; A1994-81 sch
om A2002-27 amdt 1.6
ins A2002-27 amdt 1.9
am A2016-18 amdts 3.155-3.157
Holders of duplicates taken to be owners of pawned articles
s 12 sub A1990-33 s 7
am A1994-81 sch
om A2002-27 amdt 1.8
ins A2002-27 amdt 1.9
Period for sale or disposal of pawned articles
s 13 am A1990-33 s 8, sch; A1994-81 sch; A2001-56 amdt 3.456
sub A2002-27 amdt 1.9
Selling or disposing before end of redemption period
s 14 am A1990-33 s 9, sch; A1994-81 sch; A2001-56 amdt 3.457
sub A2002-27 amdt 1.9
Method of sale for certain pawned articles
s 15 am A1990-33 s 10, sch; A1994-81 sch
sub A2002-27 amdt 1.9
am A2015-33 amdt 1.163
Pawnbroker not to buy pawned article
s 16 am A1990-33 s 11, sch; A1994-81 sch; A2001-56 amdt 3.458,
amdt 3.459
sub A2002-27 amdt 1.9
Application of proceeds of sale
s 17 sub A2002-27 amdt 1.9
Records of pawned articles sold or disposed of
s 18 sub A1990-33 s 12
am A1994-81 sch
sub A2002-27 amdt 1.9
Inspection of records
s 19 am A1990-33 s 13; A1994-81 sch; A1999-66 s 6 sch 3
sub A2002-27 amdt 1.9
Pawnbroker not to purchase
s 20 orig s 20 am A1990-33 sch
om A2002-27 amdt 1.9
(prev s 29) am A1990-33 sch; A2001-56 amdt 3.460
renum A2002-27 amdt 1.11
am A2021-12 amdt 3.95
Miscellaneous
pt 4 hdg sub A2002-27 amdt 1.12
Endnotes
4 Amendment history
page 20 Pawnbrokers Act 1902
Effective: 23/06/21
R14
23/06/21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Working out whether person suitable
s 21 sub A1990-33 s 14, sch
am A1994-81 sch
om A2002-27 amdt 1.9
ins A2002-27 s 32
om A2016-46 amdt 2.17
Cancellation and suspension of licences
s 22 am A1990-33 s 15, sch; A1994-81 sch
om A2002-27 amdt 1.9
ins A2002-27 s 32
om A2016-46 amdt 2.17
Register of licences
s 23 sub A1990-33 s 16
am A1994-81 sch
om A2002-27 amdt 1.9
ins A2002-27 s 32
om A2016-46 amdt 2.17
Keeping of register
s 24 sub A1990-33 s 16
am A1994-81 sch
om A2002-27 amdt 1.10
ins A2002-27 s 32
om A2016-46 amdt 2.17
False or misleading information
s 25 om A1990-33 s 17
ins A2002-27 s 32
om A2004-15 amdt 2.139
Magistrates Court may order return of article
s 26 am A1990-33 s 18, sch; A1994-81 sch
om R2 LRA
ins A2002-27 amdt 1.14
Determination of fees and charges
s 27 ins A2002-27 s 33
om A2016-46 amdt 2.17
Approved forms
s 28 ins A2002-27 s 33
am A2011-49 amdt 1.13
om A2016-46 amdt 2.17
Regulation-making power
s 29 orig s 29 renum as s 20
ins A2002-27 s 33
Endnotes
Amendment history 4
R14
23/06/21
Pawnbrokers Act 1902
Effective: 23/06/21
page 21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Transitional
pt 5 hdg ins A2002-27 s 34
exp 7 April 2003 (s 32)
Definitions for pt 5
s 30 ins A2002-27 s 34
def amendment Act ins A2002-27 s 34
def commencement ins A2002-27 s 34
def current Act ins A2002-27 s 34
def previous Act ins A2002-27 s 34
exp 7 April 2003 (s 32)
Existing applications for licences
s 31 am A1995-15 s 6
om A2002-27 amdt 1.13
ins A2002-27 s 34
exp 7 April 2003 (s 32)
Expiry of pt 5
s 32 sub A1990-33 s 19
am A1991-44 s 9; A1995-15 s 6
om A2002-27 amdt 1.13
ins A2002-27 s 34
exp 7 April 2003 (s 32)
Advertisements
s 33 sub A1990-33 s 19
am A1994-81 sch
om A2002-27 amdt 1.13
Lending licences
s 34 am A1990-33 s 20, sch; A1994-81 sch; A1995-15 s 6
om A2002-27 amdt 1.13
Forged or altered licences
s 35 sub A1990-33 s 21
am A1994-81 sch
om A2002-27 amdt 1.13
Forging etc duplicates
s 36 am A1990-33 s 22; A1994-81 sch; A2001-56 amdt 3.461,
amdt 3.462
om A2002-27 amdt 1.13
Pawnbroker to produce books etc
s 37 am A1990-33 s 23; A1994-81 sch; A2001-56 amdt 3.463
om A2002-27 amdt 1.13
Endnotes
4 Amendment history
page 22 Pawnbrokers Act 1902
Effective: 23/06/21
R14
23/06/21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Court may order delivery of goods pawned on payment of compensation or
otherwise
s 39 am A1995-15 s 6
om A2002-27 amdt 1.14
Penalties
s 40 om A1990-33 s 24
General issues
s 46 am A1990-33 sch
om A2002-27 amdt 1.15
Approved forms
s 47 ins A2001-44 amdt 1.3103
(4)-(7) exp 12 September 2002 (s 47 (7))
om A2002-27 s 33
sch hdg om A1995-15 s 7
sch 1 (prev first schedule) sub A1995-15 sch
om A2001-44 amdt 3.104
sch 2 hdg sub A1995-15 s 7
sch 2 (prev second schedule) am A1990-33 sch; A1991-44 s 9
om A2001-44 amdt 3.104
Dictionary
dict ins A2002-30 amdt 1.16
am A2011-49 amdt 1.14; A2016-18 amdt 3.158; A2016-46
amdt 2.18
def article ins A2002-27 amdt 1.16
def commissioner ins A2002-27 amdt 1.16
om A2016-46 amdt 2.19
def disqualified ins A2002-27 amdt 1.16
om A2016-46 amdt 2.19
def duplicate ins A2002-27 amdt 1.16
sub A2021-12 amdt 3.96
def executive officer ins A2002-27 amdt 1.16
om A2016-46 amdt 2.19
def licence ins A2002-27 amdt 1.16
om A2016-46 amdt 2.19
def licensed ins A2016-46 amdt 2.20
def licensed pawnbroker ins A2002-27 amdt 1.16
om A2016-46 amdt 2.21
def pawnbroker ins A2002-27 amdt 1.16
am A2016-46 amdt 2.22
Endnotes
Amendment history 4
R14
23/06/21
Pawnbrokers Act 1902
Effective: 23/06/21
page 23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
def pawned article ins A2002-27 amdt 1.16
def redemption period ins A2002-27 amdt 1.16
def suitable person ins A2002-27 amdt 1.16
om A2016-46 amdt 2.23