12BGoods to be kept at approved business or storage premises: pawnbrokers

#### 12B Goods to be kept at approved business or storage premises: pawnbrokers 12B Goods to be kept at approved business or storage premises: pawnbrokers > > (1) Definition In this section— > > > > approved premises, in relation to a licensee carrying on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, means— > > > > > (a) business premises or storage premises nominated in the application for the relevant licence, or > > > > > (b) business premises or storage premises later notified by the licensee to the Secretary under section 12A(2), or > > > > > (c) other business premises or storage premises in respect of which the licensee is not yet in breach of section 12A(2), > > > > but does not include premises that are for the time being the subject of a declaration under subsection (4), or a direction under subsection (5), that is applicable to the goods concerned. > > > (2) Unredeemed pawned goods to be kept at approved premises A licensee carrying on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, must ensure that any goods that are pawned to the licensee are at all times kept at approved premises, until— > > > > > (a) the goods are redeemed, or > > > > > (b) the goods are purchased, or > > > > > (c) the goods are consigned for auction, or > > > > > (d) the goods are removed in accordance with a requirement imposed, or an authorisation given, by or under this Act or the regulations. > > > > Maximum penalty—50 penalty units. > > > (3) It is a condition of a licence to carry on the business of a pawnbroker, or of a pawnbroker and a second-hand dealer, that all goods pawned to the licensee are at all times kept at approved premises as required by subsection (2). > > > (4) Exclusion of premises from being approved premises The regulations may declare that premises of a specified class are excluded from this section, in relation to all pawned goods or to pawned goods of a specified class. > > > (5) The Secretary may, by notice given to a licensee, direct that specified premises or premises of a specified class are excluded from this section, in relation to all pawned goods, or to specified pawned goods or to pawned goods of a specified class. The Secretary may, in the same manner, amend or revoke such a direction. > > > (6) Defence It is a defence to a charge for an offence based on the fact that goods were not kept at approved premises (or to an allegation of a failure to comply with a condition based on that fact) if the licensee establishes that at the relevant time— > > > > > (a) the goods were located on premises that have within the past 3 days ceased to be approved premises, or > > > > > (b) the goods were in the process of being transported to approved premises from— > > > > > > > (i) other approved premises, or > > > > > > > (ii) premises that have within the past 3 days ceased to be approved premises. > > > (7) Other requirements not affected Nothing in this section affects any requirement of or imposed under any other provision of this Act or the regulations. > > **s 12B:** Ins 2002 No 104, Sch 1 \[13\].