3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > authorised officer means— > > > > > (a) a police officer, or > > > > > (b) the Secretary, or > > > > > (c) an investigator appointed under section 18 of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), or > > > > > (d) a person authorised in writing by the Secretary. > > > > criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), or declared by the Supreme Court under that Act to be criminal intelligence. > > > > disqualified person has the meaning given by section 8A. > > > > executive officer of a corporation has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > > Note. > > > > Section 9 of the Commonwealth Act contained the following definition when the Bill inserting the definition in this Act was introduced— > > > > executive officer of a body corporate means a person who is concerned in, or takes part in, the management of the body (regardless of the person’s designation and whether or not the person is a director of the body). > > > > fees and charges in respect of the sale of pawned goods—see section 30A. > > > > licence means a licence in force under this Act. > > > > licensed business means a business authorised by a licence. > > > > market does not include an annual event such as a school fete, or any activity of a kind prescribed by the regulations. > > > > pawn agreement means an agreement by which goods are pawned. > > > > pawn ticket means a copy of a record referred to in section 28(5). > > > > pawnbroker—see section 3A. > > > > promoter of a market means a person to whom vendors of goods or services offered at the market pay any fee, commission or rent in consideration of being allowed to sell there. > > > > record means— > > > > > (a) a documentary record, or > > > > > (b) a record made by an electronic, electromagnetic, photographic or optical process, or > > > > > (c) any other kind of record. > > > > redemption period, in relation to pawned goods, means the period during which the goods may be redeemed under section 29(1). > > > > second-hand goods means any goods of a class or description prescribed that have been used or that are represented by a vendor of the goods to be goods purchased (otherwise than by the vendor) previously but unused. > > > > Secretary means— > > > > > (a) the Commissioner for Fair Trading, Department of Customer Service, or > > > > > (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service. > > > > sell includes any of the following— > > > > > (a) sell by tender, > > > > > (b) barter or exchange, > > > > > (c) any of the following— > > > > > > > (i) consign or deliver for sale, > > > > > > > (ii) advertise for sale, > > > > > > > (iii) offer for sale, > > > > > > > (iv) have in possession for sale, > > > > > > > (v) agree to sell, > > > > > (d) sell or do any of the above— > > > > > > > (i) as an agent or broker, or > > > > > > > (ii) by an agent or broker, > > > > > (e) cause a sale to take place or cause any of the above to be done. > > > > In paragraph (c), the expressions sale and sell are capable of having the extended meaning given by paragraph (a) or (b) or both. > > > > surplus proceeds, in relation to a sale of pawned goods, means the proceeds of the sale less— > > > > > (a) the principal and interest that was due at the time of the sale, and > > > > > (b) any unpaid fees and charges that would have been paid by the person who pawned the goods to redeem the goods, and > > > > > (c) any fees and charges that are deductible in respect of the sale of the goods, so long as— > > > > > > > (i) they were disclosed in a statement in accordance with section 28(5A)(b), and > > > > > > > (ii) they do not exceed the amounts of the fees and charges so disclosed or the amounts determined in accordance with the manner of determining them as so disclosed. > > > > Tribunal means the Civil and Administrative Tribunal. > > > (2) Notes included in this Act do not form part of this Act. > > **s 3:** Am 2002 No 104, Sch 1 \[1\] \[2\]; 2005 No 62, Sch 1 \[1\]; 2009 No 23, Sch 3.6 \[1\]; 2012 No 9, Sch 1.9 \[1\]; 2013 No 12, Sch 2.5; 2013 No 95, Sch 4.28 \[1\]; 2016 No 27, Sch 1.21 \[2\]; 2022 No 59, Sch 3.50.