Pawnbrokers and Second-hand Dealers Act 1994

Pawnbroker is defined in section 3A as a person conducting the business of lending money on the security of pawned goods. Goods are pawned if they are taken into the lender’s possession for the purpose of relying on that possession as security for repayment. Section 3A(3) directs that regard must be had to the substance of the transaction, not its form, and that it is irrelevant if the loan is structured as a request by the borrower for the lender to hold the goods. Regulations may prescribe cases where taking goods into possession is or is not treated as pawning (s 3A(4)).

Second-hand dealer is defined in section 3(1) as a person conducting the business of buying, selling or exchanging second-hand goods, whether on their own behalf or for another. Second-hand goods are goods that have been worn or otherwise used, but do not include classes of goods prescribed by regulations as exempt.

Buy-back contracts are treated as pawnbroking by section 5: if a person receives goods under a contract of sale where the seller has a right to buy them back, that person is taken to be lending money on the security of pawned goods, the sale price is taken as the amount lent, the difference between sale and buy-back prices is interest, and the right to buy back is a right to redeem.

Redemption period is defined in section 3(1) by reference to section 50. Pawned goods may be redeemed before the expiration of three months (or a longer period agreed by the parties) and, if the redemption period has expired, before the goods are sold (s 50(1)). Any provision that purports to reduce the three-month period is void (s 50(2)).

Licence means a pawnbroker’s licence or a second-hand dealer’s licence (s 3(1)). Only natural persons can hold a licence (s 8(1)). A natural person may hold a licence on behalf of a partnership (if they are a partner) or on behalf of a body corporate (if they are an officer of the body) (s 8(3)). A licence can apply only to one location of business premises unless the Commissioner determines otherwise, but may apply to multiple storage premises (s 8A). Licences are not transferable (s 25) and may be issued for a period not exceeding three years (s 26).

Business premises and storage premises are defined in section 3(1) as premises where business may be conducted with the public or where goods may be stored, respectively. A licence must specify both types of premises (s 23(1)).

Pawn ticket is a statement required to be given under section 42. It must be signed by or on behalf of the pawnbroker and by the other party, and a copy kept. It must set out the contract number, names, identification details, date, description of goods, amount lent, interest, charges, and where the redemption period is longer than three months, that period (s 42(2)).

Commissioner means the Commissioner of Police (s 3(1)). The Commissioner must keep a register of licences open to public inspection (s 28).

The Act primarily affects pawnbrokers and second-hand dealers who operate in Western Australia. Because only natural persons may hold a licence (s 8(1)), any partnership or body corporate that wishes to conduct such a business must have a natural person as the licensee acting on its behalf (s 8(3)). The licensee remains individually subject to all duties and penalties under the Act, and partners and bodies corporate may also incur criminal liability under sections 88 and 89 for the acts of employees, agents, or co-partners.

Individuals who pawn goods or sell second-hand goods to a licensee are directly affected. They must provide their full name, current residential address, and verification of identity by a prescribed means (s 39). They must be at least 18 years old and not apparently affected by alcohol or drugs (s 38). Giving false information to a pawnbroker or second-hand dealer is an offence carrying a maximum penalty of $5,000 and 12 months imprisonment (s 40). Borrowers and sellers have statutory rights: they may redeem pawned goods during the redemption period (s 50), receive surplus proceeds after sale of unredeemed goods (ss 57-60), and recover compensation if title does not pass or revests after a purchase from a licensee (s 66).

The Commissioner of Police and licensing officers (members of the Police Force or Department officers appointed by the Commissioner under s 10) are central to the administration and enforcement of the Act. Licensing officers decide on applications to issue or renew licences (ss 19, 20) and may investigate complaints (s 27). Members of the Police Force have wide powers of entry, inspection, and seizure without warrant (ss 74, 75, 76, 77, 81). The State Administrative Tribunal (SAT) exercises review jurisdiction over licensing decisions (s 30) and may suspend or revoke licences or disqualify persons upon application by a licensing officer (s 27).

The Magistrates Court is empowered to make summary orders for delivery of stolen goods (ss 85, 86) and may suspend, revoke, or impose conditions on a licence upon conviction for an offence against the Act (s 34). Courts also hear civil claims for compensation under section 66 and debt recovery under sections 69 and 70. The executive officer of SAT must provide information to the Commissioner (s 32).

Employees of licensees who enter into contracts at business premises are indirectly affected: the licensee must keep records of their full name, address, date of birth, and photograph, and retain those records for 12 months after employment ceases (s 37). Licensees are vicariously liable for the acts of employees and agents, with a defence of having taken reasonable steps to prevent the offence (s 88(3)).

Duties of pawnbrokers. A pawnbroker must not enter into a contract with a person under 18 or apparently affected by alcohol or drugs (s 38). Before lending money, the pawnbroker must ascertain the person’s full name and current residential address and verify identity by a prescribed means (s 39). For each contract, the pawnbroker must record a consecutive contract number, the person’s details, identification document number, date and time, a detailed description of each item pawned (including brand, serial number, and distinguishing features), the amount lent, interest expressed as a percentage and as a dollar amount per week or month, all types of charges, the redemption period if longer than three months, the name of the person accepting the goods, any repayments, the location of the goods, any extension of the redemption period, the date of redemption or sale, and sale details (s 41). The pawnbroker must give a signed pawn ticket containing items (a) to (j) of section 41 to the borrower before lending any money, and retain a signed copy (s 42). Pawned goods must be kept at licensed premises until the redemption period expires (s 51). The pawnbroker must deliver the goods to the holder of the pawn ticket who requests redemption and pays all money owing, subject to certain exceptions (ss 52, 53). Redemption must not be made to a person who is not the holder of the pawn ticket (s 54). After the redemption period expires, the pawnbroker must sell the goods as soon as practicable at the best price reasonably obtainable (s 55(2)), with the burden of proving compliance on the pawnbroker (s 55(3)). The pawnbroker must not buy unredeemed goods personally or through an agent (s 56). Proceeds of sale are applied to amounts owing; any surplus is a debt due to the other party (s 57). The pawnbroker must calculate and record the surplus (s 58) and send a notice to the borrower within 14 days of sale advising of the surplus unless the borrower requested no notice or the surplus is less than $25 (s 59). The surplus must be paid on demand (s 60). A pawnbroker must not charge an establishment fee other than interest (s 63), must not re-pledge goods (s 64), and cannot contract out of liability for loss or damage to a degree less favourable than common law (s 65).

Duties of second-hand dealers. Similar identification and record-keeping obligations apply: name, address, identity verification, contract number, date and time, description of goods with brand and serial number, consideration paid, name of the person accepting the goods, premises where goods are kept, and date of disposal (s 43). A signed receipt containing these details must be given to the seller before accepting goods (s 44). Second-hand goods must be kept for at least 14 days after acquisition without altering their form (except labelling with the contract number) (s 61). They must be kept at licensed business or storage premises during the 14-day period (s 62).

Duties common to both. Licensees must display a sign at the business premises showing the licensee’s name and the words “Licensed Pawnbroker” or “Licensed Second-hand Dealer” in legible lettering at least 50mm high (s 36). Advertisements must specify the licence number (s 37A). Records must be kept for seven years (s 45) and be kept at the business premises for the first 12 months (s 45(3)). Tampering with records is an offence (s 46). Goods must carry the contract number (s 47). Licensees must suspect and report goods that may be stolen (s 78). Information about goods must be given to the Commissioner as prescribed (s 79).

Rights of customers. A borrower who contracts with an unlicensed pawnbroker is not liable to repay the loan, may recover the goods, and may recover any amounts paid (s 69). If no pawn ticket is given, the borrower is not liable for interest or charges and may recover amounts paid (s 70). The borrower may apply for relief from these civil consequences (s 73). Part IX of the Credit Act 1984 applies to pawnbroking contracts as if they were regulated contracts (s 68), allowing for reopening of harsh or unconscionable contracts.

The Act creates a tiered penalty structure. The most serious offences - acting as a pawnbroker or second-hand dealer without a licence (ss 6, 7), holding out (s 9), dealing with minors or intoxicated persons (s 38), failing to verify identity (s 39), false information (s 40), failing to deliver goods on redemption (s 52), delivering to a non-holder of the pawn ticket (s 54), premature sale of pawned goods (s 55), buying unredeemed goods (s 56), re-pledging goods (s 64), failing to retain second-hand goods for 14 days (s 61), failing to comply with a stop notice (s 80), and some other offences - carry a maximum penalty for individuals of $5,000 and 12 months imprisonment, and for bodies corporate $20,000. A range of other offences (e.g., failing to display a sign (s 36), failing to keep employee records (s 37), failing to provide a pawn ticket (s 42), failing to keep records (s 45), tampering with records (s 46), failing to label goods (s 47), failing to give a replacement pawn ticket (s 48), charging an establishment fee (s 63), failing to report suspicions (s 78), failing to provide information to the Commissioner (s 79), hindering police (s 84)) carry penalties of $2,000 for individuals and $5,000 for bodies corporate, or $2,000 fixed for offences where no body corporate penalty is stated.

The Act provides for infringement notices (s 90) for prescribed offences. A member of the Police Force may issue an infringement notice within 90 days of the alleged offence. Payment of the modified penalty within 28 days (or extended period) prevents prosecution. The Commissioner appoints authorised persons to receive payments.

Courts have additional powers upon conviction. Under section 34, a court may suspend or revoke a licence, disqualify a person from holding a licence (permanently or for a period), or impose conditions on the licence. The court may defer the operation of the order pending appeal. Section 35 requires the court to send notice of findings and orders to the Commissioner.

Licensing officers (who are members of the Police Force) may investigate complaints and refer allegations to the State Administrative Tribunal (s 27). SAT may suspend or revoke a licence or disqualify a person (s 27(3)). A person whose licence is suspended or revoked or who is disqualified must deliver the licence to a licensing officer; failure carries a $2,000 penalty (s 27(4)).

Police enforcement powers are extensive. Members of Police Force may enter licensed premises without warrant at any time when business premises are open (s 74). They may require production of goods, records, and licences (ss 75, 76). They may seize records to copy them (s 77). They may serve a notice to stop dealing for 21 days, renewable once (s 80), and may seize goods suspected stolen without warrant (s 81). Stolen goods must be returned to the owner; if not stolen, goods are returned to the pawnbroker or dealer (s 81(3), (4)). Police may also arrest without warrant a person who fails or refuses to give their name and address when reasonably suspected of an offence (s 82(3)).

Vicarious liability provisions in sections 88 and 89 make licensees (and partners, in the case of partnerships) liable for offences committed by employees or agents. For licensees who are natural persons, it is a defence to prove they took reasonable steps to prevent the offence (s 88(3)). For partners, the defence is that the offence was without consent or connivance and that the partner exercised due diligence (s 89(2)). Bodies corporate are liable for acts of the licensee or employees (s 89(1a)). A partner who commits an act that would be an offence if done by the pawnbroker or second-hand dealer is also treated as committing the offence (s 89(2a)).

Section 4(1) expressly excludes certain persons from the operation of the Act: auctioneers acting under the Auction Sales Act 1973, holders of a Firearm Dealer Licence under the Firearms Act 2024 acting in accordance with that licence, and holders of an authorisation under the Motor Vehicle Dealers Act 1973 acting in accordance with that authorisation. This prevents dual licensing and recognises that those industries have their own regulatory regimes.

Section 4(2) provides that Parts III to VIII of the Credit Act 1984 do not apply to the provision of credit by a pawnbroker acting in accordance with a pawnbroker’s licence. However, section 68 applies Part IX of the Credit Act 1984 (which deals with reopening unfair credit contracts) to pawnbroking contracts as if they were regulated contracts. This means borrowers can apply to have a pawnbroking contract reopened if it is harsh or unconscionable, even though the standard credit provisions do not apply.

Section 83 gives pawnbrokers and second-hand dealers a power of arrest that is taken to be an arrest under section 25 of the Criminal Investigation Act 2006, with the procedural requirements of that section applying. This arrest power is limited to situations where the pawnbroker or dealer has reasonable cause to suspect that an offence has been committed in relation to the goods offered.

The Financial Management Act 2006 and Auditor General Act 2006 apply to the Department’s operations under the Act (s 92). The Department’s annual report must include details of investigations, SAT matters, trends, workload forecasts, and proposals for improvement.

Section 96 provides protection from civil or criminal liability for the Commissioner, members of the Police Force, and Department officers acting in good faith in the performance of functions under the Act.

Section 97 contains evidentiary provisions: goods are deemed to be in a pawnbroker’s or second-hand dealer’s possession if in any place occupied or controlled by them. Certificates signed by the Commissioner or delegate stating whether a licence is held, conditions, or premises are evidence of the matters stated, without further proof of delegation or appointment.

The Act also has savings provisions: section 67 provides that except as expressly provided, nothing in the Act affects any right or remedy that would have existed if the Act had not been passed. Section 72 provides that a contract is not illegal, void, or unenforceable merely because a pawnbroker has contravened the Act (other than the specific civil consequences in ss 69 and 70).

The Pawnbrokers and Second-hand Dealers Act 1994 received assent on 5 January 1995 and commenced operation on 1 April 1996 (except for sections 1 and 2). Significant amendments were made by the Pawnbrokers and Second-hand Dealers Amendment Act 2006 (No. 46 of 2006), which inserted the current definition of “pawnbroker” in section 3A, added the buy-back contract provision in section 5, introduced section 8A (premises), added the advertisement requirement in section 37A, and amended numerous sections throughout the Act (including ss 39, 41, 42, 43, 44, 47, 89). The 2006 amendments commenced on 1 May 2007.

The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (No. 55 of 2004) replaced the former licensing review mechanism (which involved the former License Appeal Tribunal and later the District Court) with the State Administrative Tribunal. It inserted a new Division 3 heading, amended sections 20, 22, 27, 30, 32, 33, 34, 73, 92, and 93, and deleted sections 29 and 31. The Courts Legislation Amendment and Repeal Act 2004 amended sections 85, 86, and 87, substituting references to the Magistrates Court (civil proceedings).

Other consequential amendments include: Sentencing (Consequential Provisions) Act 1995 (amended s. 90); Local Government (Consequential Amendments) Act 1996 (s 4, amending s. 14); Corporations (Consequential Amendments) Act 2001 (amended s. 19); Motor Vehicle Dealers Amendment Act 2002 (amended s. 4); Criminal Procedure and Appeals Act 2004 (amended s. 90); Financial Legislation Amendment and Repeal Act 2006 (amended s. 92); Acts Amendment (Justice) Act 2008 (amended s. 83); Directors’ Liability Reform Act 2023 (amended s. 89); and Firearms Act 2024 (amended s. 4). Sections 99 and 100 and the Schedules were omitted under the Reprints Act 1984.

The Act itself contains provisions that generate litigation, but the text does not refer to any specific case names. The principal avenues for litigation are:

• Review of licensing decisions. Section 30 allows a person aggrieved by a licensing officer’s decision to decline issue or renewal, as to the period of a licence, conditions, premises, or suspension/revocation/disqualification to apply to the State Administrative Tribunal (SAT) for review. SAT has the power to hear and determine such applications. Section 33 allows SAT to adjourn proceedings if a related criminal charge for an offence involving dishonesty is pending. The executive officer of SAT must send information and orders to the Commissioner (s 32).

• Allegations to SAT. Under section 27, a licensing officer may allege to SAT that a licensee should be disciplined. SAT may suspend, revoke, or disqualify. This is a distinct proceeding from an application for review, and it may be initiated on complaint or on the officer’s own initiative.

• Orders on conviction. Section 34 gives any court that convicts a person of an offence against the Act the power to suspend or revoke a licence or disqualify the person. This power is in addition to any penalty. Section 34(2) allows the court to defer the order pending an appeal. Section 35 requires the court to send notice to the Commissioner.

• Summary orders in the Magistrates Court. Sections 85 and 86 provide a summary procedure for owners of stolen goods (or persons who suspect goods are stolen) to apply to the Magistrates Court (without notice) for an order requiring the pawnbroker or second-hand dealer to appear and produce the goods. The court may order delivery of the goods to the owner and may order payment of compensation. Section 86 deals with competing claims to seized goods. The Magistrates Court (Civil Proceedings) Act 2004 and rules apply (s 87). A person affected by an order may bring proceedings to recover possession, but must do so within six months after the order (s 87(2)).

• Civil claims. Section 69 allows a borrower who dealt with an unlicensed pawnbroker to recover goods and money in a court of competent jurisdiction. Section 70 allows recovery of interest and charges if no pawn ticket was given. Section 66 permits a buyer of goods from a pawnbroker or second-hand dealer to recover the purchase price and costs if title does not pass or revests. Section 73 allows a pawnbroker affected by sections 69 or 70 to apply to SAT for relief.

• Proceedings for possession of seized goods. Section 81(5) gives a pawnbroker or second-hand dealer the right to take proceedings to recover possession of goods seized by police, provided proceedings are commenced within six months after the day of seizure.

• Infringement notices. Section 90 provides that payment of a modified penalty prevents prosecution to the same extent as conviction, but payment is not an admission for any proceedings.

No reported case law is cited in the Act itself. The practitioner should be aware that litigation typically involves appeals from SAT, applications for summary return of goods, and criminal prosecutions.

Several provisions create traps for the unwary.

Vicarious liability and onus of proof. Section 88 imposes strict liability on a natural-person licensee for offences committed by an employee or agent. The licensee is treated as having committed the offence and is liable to the same penalty. The only defence is to prove on the balance of probabilities that the licensee took reasonable steps to prevent the offence (s 88(3)). Proceedings can be taken against the licensee even if the employee is not prosecuted or convicted (s 88(2)). For partnerships, section 89(2) provides a defence of no consent or connivance coupled with due diligence, but this defence is not available to a partner who is also the licensee (s 89(4)). Bodies corporate are automatically liable for acts of the licensee or employees (s 89(1a)).

Non-transferable licences. Section 25 provides that a licence is not transferable. This means that if a business is sold or a partnership changes, a new licence application must be made. The new licensee cannot simply step into the shoes of the previous licensee.

Buy-back contracts are pawnbroking. Section 5 deems any contract of sale with a right to buy back to be a loan on the security of pawned goods. This catches agreements that might otherwise be characterised as sale-and-repurchase arrangements. Operators who use such models - for example, “cash for gold” with an option to repurchase - must hold a pawnbroker’s licence and comply with all pawnbroking duties, including the three-month redemption period and the prohibition on buying unredeemed goods.

Establishment fee prohibition. Section 63(1) prohibits a pawnbroker from requiring or receiving any fee other than interest in respect of an application to enter into a contract. Any contract term for a non-interest payment is void (s 63(2)). This prevents upfront charges that could circumvent interest rate regulation.

Re-pledging prohibited. Section 64 makes it an offence for a pawnbroker to pawn goods that are pawned to them. This prevents using customer goods as collateral for the pawnbroker’s own borrowing.

No contracting out of liability. Section 65 provides that any term less favourable to the owner than the common law regarding the pawnbroker’s liability for loss of or damage to pawned goods is void.

Identification must be verified by prescribed means. Section 39(b) requires the pawnbroker or second-hand dealer to verify the person’s identity by reference to a means of identification prescribed by the regulations. Relying on an unprescribed form of ID (e.g., a utility bill or student card) may constitute a breach even if the name and address are otherwise correct.

Records retention periods. Section 45 requires records to be kept for at least seven years from the time when the goods are redeemed or sold (pawnbroker) or disposed of (second-hand dealer). In the first 12 months, records must be kept at the business premises; after that, they may be kept at a place nominated in the licence. Failure to comply carries a $5,000 penalty.

Tampering with records. Section 46 makes it an offence to alter a record in a manner that renders it false or misleading in a material particular. This applies to any person, not just the licensee.

Pawn ticket replacement. A pawnbroker must not replace a lost or stolen pawn ticket unless the person provides an affidavit describing the goods and the circumstances of loss, identity is verified, and the pawnbroker is satisfied on reasonable grounds that the claim is lawful (s 48). The pawnbroker cannot charge for a replacement (s 48(2)).

Goods must carry contract number. Section 47 requires pawned goods and second-hand goods for sale to be marked or labelled with the distinguishing contract number. For buy-back goods, the label must also identify them as subject to a right to buy back. Failure to do so is a $2,000 offence.

Suspected stolen goods must be reported. Section 78 requires a pawnbroker or second-hand dealer who suspects (for any reason) that goods in their possession may have been stolen or unlawfully obtained to inform a member of the Police Force without delay and provide a description. This is a positive duty that arises from suspicion, not certainty. Failure to report attracts a $2,000 penalty.

Employees dealing with public. Section 37 requires licensees to keep a record of employees whose functions include entering into contracts, including a photograph or digital image. This record must be produced to a member of the Police Force on request.

Infringement notice pitfalls. While payment of a modified penalty under section 90 avoids prosecution, the Act does not prevent the Commissioner from later seeking suspension or revocation of the licence under section 27 based on the alleged offence. Payment is not an admission for any proceedings, but the underlying conduct may still be considered by a licensing officer or SAT.

Compliance with the Act requires a systematic approach.

Obtain the correct licence. Before commencing business, a natural person must apply for either a pawnbroker’s licence or a second-hand dealer’s licence (or both, if conducting both activities). The applicant must publish a notice of intention to apply in a newspaper circulating throughout the State within the 28 days before the application (s 11). The application must be in an approved form, accompanied by the prescribed fee, identity evidence (birth certificate, passport, motor driver’s licence, or other prescribed means), evidence of local government approvals for the premises, a copy of the newspaper notice, and, if on behalf of a partnership or body corporate, proof of business name/incorporation and authorisation (ss 13, 14). The licensing officer must be satisfied of the applicant’s good character, fitness and propriety, adequate management and control, ability to comply with the Act, means to provide information electronically, and absence of insolvency, disqualification, or pending charges involving dishonesty (s 19). The licence will specify business premises and storage premises (s 23). Licences are valid for a period not exceeding three years (s 26). Renewals must be applied for no later than 28 days before expiry (s 15), with supporting evidence as prescribed (s 16).

Establish record-keeping systems. For pawnbroking, the record must capture all information listed in section 41 as soon as available: consecutive contract number, the customer’s full name and residential address, the form of identification and its number, date and time of contract, description of each item (type, size, colour, brand, serial number, distinguishing features), amount lent, interest as percentage and dollar amount per week or month, all types of charges, redemption period if longer than three months, name of person accepting goods, any repayments, location of goods (moved if necessary), any extension of redemption period, date of redemption or sale, and sale details. A pawn ticket must be produced and signed by both parties before lending (s 42). The ticket and a copy must bear original signatures.

For second-hand dealing, similar details are required: contract number, customer’s name and address, identification document and number, date and time, description of goods, consideration paid, name of person accepting goods, location where goods are kept, date of disposal, and any prescribed matters (s 43). A signed receipt must be given to the seller before accepting goods (s 44).

Label goods immediately. All pawned goods must be marked or labelled with the contract number (s 47(1)(a)). Goods received under a buy-back contract must additionally be labelled to identify them as subject to a right to buy back (s 47(1)(b)). Second-hand goods must be marked or labelled with the contract number (s 47(2)). This ensures traceability during police inspections.

Retain goods for minimum periods. Pawned goods must be kept for at least three months (or longer if agreed) (s 50) and kept at licensed premises until the redemption period expires (s 51). Second-hand goods must be kept unchanged for at least 14 days after acquisition at licensed premises (ss 61, 62).

Comply with identification requirements. Before entering into a contract, verify the customer’s identity by a prescribed means (s 39). Prescribed means are yet to be published in the regulations; the Act does not specify them within the text. Practitioners should check the current regulations (which may include a current driver’s licence, passport, or a proof-of-age card). Do not accept identification if the customer appears under 18 or affected by alcohol or drugs (s 38).

Report suspicions and provide information. If you suspect goods may be stolen, inform a member of the Police Force without delay and provide a description of the goods and, if offered but not yet accepted, a description of the person offering them (s 78). Provide to the Commissioner information about goods in your possession in the prescribed form, by prescribed means (including electronically), and at prescribed times (s 79).

Display signs and include licence number on advertisements. Display a sign at the business premises stating the licensee’s name and “Licensed Pawnbroker” or “Licensed Second-hand Dealer” in legible lettering at least 50mm high (s 36). All advertisements must legibly specify the licence number (s 37A).

Keep employee records. Maintain records of each employee whose functions include entering into contracts: full name, current residential address, date of birth, a photograph or digital image, and any records provided during employment or in compliance with a licence condition. Keep these records for 12 months after the employee ceases employment, and produce them on request to a member of the Police Force (s 37).

Retain records for seven years. Keep all records required under sections 41, 43, copies of pawn tickets, receipts, and affidavits for at least seven years (s 45). Keep records relating to contracts entered into within the previous 12 months at the business premises; after that, at a place nominated in the licence.

Handle redemption and sale correctly. When a person presents a pawn ticket and tenders full payment, deliver the goods (s 52). Do not deliver to a non-holder of the ticket (s 54). If goods are not redeemed within the redemption period, sell them as soon as practicable at the best price reasonably obtainable (s 55). Do not buy unredeemed goods yourself or through an agent (s 56). Calculate the surplus, send a notice to the borrower within 14 days unless waived or surplus is under $25, and pay the surplus on demand (ss 58-60).

Respond to police requests. Cooperate fully with police inspections: allow entry without warrant when premises are open, produce goods and records, locate corresponding items, and provide information about goods that have been disposed of (ss 74-76). Do not hinder police (s 84). If served with a stop notice, do not alter or dispose of the specified goods for 21 days (renewable once) (s 80).

Review conditions and update practices. Licences may have individual conditions imposed by the licensing officer (s 24). Regularly check whether conditions have been added or amended. Ensure staff are trained on all obligations, particularly identification, record-keeping, labelling, and reporting. Maintain insurance to cover potential claims under section 66 (compensation to buyers) and section 65 (loss or damage).

Engage with regulations. The Act contemplates regulations that may prescribe identification methods, classes of goods not treated as second-hand goods, prescribed information, forms, electronic means, and modified penalties. Practitioners must monitor the Reprints Act 1984 compilation and the current version of the regulations (which are not reproduced in the Act text) to ensure ongoing compliance.