NSWIn ForceAct
Pawnbrokers and Second-hand Dealers Act 1996
3Definitions
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#### 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.
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> > 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.
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> > licensed business means a business authorised by a licence.
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> > market does not include an annual event such as a school fete, or any activity of a kind prescribed by the regulations.
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> > pawn agreement means an agreement by which goods are pawned.
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> > 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.
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> > record means—
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> > > (a) a documentary record, or
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> > > (b) a record made by an electronic, electromagnetic, photographic or optical process, or
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> > > (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).
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> > 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—
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> > > (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—
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> > > (a) sell by tender,
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> > > (b) barter or exchange,
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> > > (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,
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> > > (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—
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> > > (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
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> > > (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.