Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the Pawnbrokers and Second-hand Dealers Regulation 2026.

2 Commencement

2 Commencement

This regulation commences on the day on which this regulation is published on the NSW legislation website.

Note—

This regulation repeals and replaces the Pawnbrokers and Second-hand Dealers Regulation 2021, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

In this regulation—

ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.

application fee means an application fee for the grant, renewal or restoration of a licence.

Australian authority means the government or a statutory authority of New South Wales, the Commonwealth or another State or Territory.

contract number means the number for a transaction in which goods are pawned or bought and sold that is uniquely assigned by the licensee to distinguish the transaction from each other pledge, sale or purchase arising in the licensee’s business.

foreign authority means the government or a government authority of a foreign country or a state or other part of a foreign country.

government sector agency has the same meaning as in the Government Sector Employment Act 2013.

the Act means the Pawnbrokers and Second-hand Dealers Act 1996.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

4 Definition of “market”

4 Definition of “market”

(1) For the Act, section 3(1), definition of market, the following prescribed kinds of activities are not a market—

(a) a fundraising activity, unless—

(i) space at the activity is allocated to stallholders for consideration, and

(ii) one or more of the stallholders providing consideration are not affiliated with the person or organisation conducting the fundraising activity,

(b) an assembly of stallholders at which every person selling second-hand goods—

(i) is selling the goods in quantities that are consistent with household use, and

(ii) has given the assembly’s promoter a signed declaration stating the person has not traded in second-hand goods on more than 6 days in the year immediately before the assembly.

(2) In this section—

fundraising activity means an activity that—

(a) is for a fundraising appeal within the meaning of the Charitable Fundraising Act 1991, and

(b) is conducted by—

(i) a person or organisation authorised to conduct the fundraising appeal under that Act, section 9(1), or

(ii) a person or organisation taken to hold an authority under that Act for the fundraising appeal, or

(iii) a person, body or organisation exempt from the application of that Act.

5 Definition of “second-hand goods”

5 Definition of “second-hand goods”

(1) For the Act, section 3(1), definition of second-hand goods, the following goods are prescribed—

(a) gemstones and precious metals, including watches or other items of jewellery that include gemstones or precious metals,

(b) electronic goods,

(c) musical instruments,

(d) sporting and recreational goods,

(e) watercraft, in whole or in part, capable of being used as a means of transportation on water,

(f) tools and equipment that are—

(i) portable engine-powered, or

(ii) motorised, or

(iii) air-powered,

(g) car accessories.

(2) Despite subsection (1), goods are not prescribed if the goods are one or more of the following—

(a) items that are not designed to be portable or movable,

(b) video games, including computer games,

(c) motorised wheelchairs and other motorised mobility aids,

(d) whitegoods, including the following—

(i) microwave ovens,

(ii) refrigerators,

(iii) washing machines,

(e) watercraft that cannot be lawfully towed or otherwise conveyed by a light vehicle within the meaning of the Road Transport Act 2013.

Part 2 Records

Part 2 Records

6 Electronic records

6 Electronic records

For the Act, sections 11(2) and 16(7), it is a condition of a licence that the licensee create and store records electronically in a way specified by the Secretary.

7 Records of goods purchased, pawned, forfeited or sold

7 Records of goods purchased, pawned, forfeited or sold

(1) For the Act, section 16(1), the following particulars are prescribed for a transaction for the acquisition or disposal of second-hand goods, the redemption of pawned goods and the disposal of forfeit pledges—

(a) if the vendor is—

(i) an individual—the individual’s name, residential address and date of birth, or

(ii) a corporation—the corporation’s name, business address and ABN,

(b) if the transaction is conducted by an individual acting as the agent of the vendor—the name, residential address and date of birth of the agent,

(c) the number of each identification document relied on under section 16(1),

(d) the contract number for each transaction in which goods are pawned, bought or sold,

(e) the date on which the goods were dealt with,

(f) the date on which a pledge was—

(i) taken, or

(ii) forfeited, or

(iii) sold, or

(iv) otherwise dealt with,

(g) a description of the goods in the state the goods were in when the licensee received them, including the matters specified in the Act, section 28(2)(a),

(h) for goods purchased by the licensee—the price paid by the licensee,

(i) the location of goods not kept at the business or storage premises of the licensee,

(j) evidence of a search in a public register for encumbrances for the goods,

(k) if there is a sale price—the sale price,

(l) the name and address of the purchaser of the goods or forfeited items, unless—

(i) if there was a sale price—the sale price was less than $100, or

(ii) for a forfeited item—the item was sold by auction conducted away from the licensee’s business premises.

(2) A record required to be kept by a second-hand dealer under the Act, section 16(1) for the acquisition or consignment of second-hand goods must be made—

(a) by the end of the day on which the goods were acquired or taken on consignment by the second-hand dealer, or

(b) as soon as possible after the acquisition or consignment of the goods if the goods were received by, or consigned to, the second-hand dealer at premises other than—

(i) the premises nominated in the second-hand dealer’s application for the licence, or

(ii) if, after the grant of the licence, the second-hand dealer notified the Secretary of another premises—the other premises.

(3) A record required to be kept by a licensee under the Act, section 16(1) for the disposal of second-hand goods or a forfeit pledge must be made by the end of the day on which the goods or pledge were disposed of by the licensee.

(4) In this section—

dealt with, in relation to goods, includes purchased, taken on consignment and sold.

public register includes the register within the meaning of the Personal Property Securities Act 2009 of the Commonwealth.

vendor includes consignor and pledgor.

8 Records of imported goods

8 Records of imported goods

For the Act, section 16(1), if a transaction consists of the acquisition of second-hand goods that have been, or will be, imported to Australia by the licensee, the licensee must keep the following records—

(a) all original documents given or received in relation to the import declaration for the goods under the Customs Act 1901 of the Commonwealth,

(b) a written description of the goods or contract to which the import declaration relates.

9 Records of employees

9 Records of employees

For the Act, section 16(2), the following particulars are prescribed for each person employed in the licensed business—

(a) the name, date of birth and residential address of the person,

(b) the first and last dates of the person’s employment.

10 Records of markets

10 Records of markets

For the Act, section 16(3), the promoter of a market must keep the following prescribed particulars—

(a) the date and location of the market,

(b) for each unlicensed vendor—

(i) the name and residential address of the vendor, and

(ii) a general description of the goods offered for sale by the vendor, and

(iii) the details of the identification documents produced by the vendor, and

(iv) if the vehicle registration number of the vendor’s vehicle is known—the vehicle registration number.

11 Providing records to Commissioner of Police

11 Providing records to Commissioner of Police

(1) For the Act, section 16(5A), particulars of each record required to be kept must be given to the Commissioner of Police—

(a) for a record kept electronically—

(i) if arrangements have been made with the Commissioner of the Police—in accordance with the arrangement, or

(ii) otherwise—within 3 days after the record was made, or

(b) for a record kept in hard copy—within 3 days after the record was made.

(2) This section does not apply to a record required to be kept under the Act, section 29A.

12 Form of records—the Act, s 16(2)

12 Form of records—the Act, s 16(2)

Records kept by a licensee must—

(a) record the date on which—

(i) each record was first made, and

(ii) each entry was made, and

(b) include the contract number for each item taken in trade or pawn.

13 Certain records may be kept in hard copy—the Act, s 16(7)

13 Certain records may be kept in hard copy—the Act, s 16(7)

(1) Despite section 6, a licensee may keep the following records in hard copy in loose-leaf form—

(a) a written statement obtained by a licensee under section 16(3) relating to the ownership of goods,

(b) a record of the agreement by which goods were pawned under the Act, section 28.

(2) The hard copies must—

(a) include the contract number for each item taken in trade or pawn, and

(b) be kept in order of contract number.

Part 3 Regulation of licensed businesses—the Act, s 43(1)(c1)

Part 3 Regulation of licensed businesses—the Act, s 43(1)(c1)

14 Display of licence details and other information

14 Display of licence details and other information

(1) For the Act, section 14(1) and (2), the following particulars are prescribed—

(a) the licensee’s name,

(b) the unique identifier for the licence,

(c) whether the licence is—

(i) a pawnbroker’s licence, or

(ii) a second-hand dealer’s licence, or

(iii) a combined pawnbroker’s and second-hand dealer’s licence,

(d) a statement containing the words “information provided to the licensee by or about a customer in relation to the trading of second-hand goods may be given to the police”.

(2) For the Act, section 14(2), an itinerant licensee must display the particulars referred to in subsection (1) legibly on a sign located in a prominent position at each place at which the licensee carries on the licensed business.

15 Contract or stock number to be displayed on item

15 Contract or stock number to be displayed on item

(1) A licensee must, for each item taken in trade or pawn, display the contract number or stock number at all times the item is in the licensee’s possession—

(a) on the item, or

(b) on a label attached to the item.

Maximum penalty—20 penalty units.

(2) This section does not apply to an item that displays a unique identifier if it is not reasonably practicable to display the contract number or stock number—

(a) on the item, or

(b) on a label attached to the item.

Example—

watercraft

(3) In this section—

stock number, for an item, is a number that is—

(a) uniquely assigned by the licensee to distinguish the item from each other item held by the licensee in the licensee’s business, and

(b) the same as or different from the contract number for the item, and

(c) recorded—

(i) electronically, and

(ii) in paper form, and

(d) linked to the contract number for the item in the electronic and paper records.

16 Evidence of identity and title of supplier of goods

16 Evidence of identity and title of supplier of goods

(1) For the Act, section 15(1A), the evidence of the identity of the person by whom goods are being offered (the customer) must be one or more of the following—

(a) a document issued by an Australian authority that includes the customer’s—

(i) photograph, and

(ii) name, signature and Australian residential address,

(b) a document issued by a foreign authority that includes the customer’s—

(i) photograph, and

(ii) name, signature and an Australian residential address, whether permanent or temporary,

(c) a combination of documents that—

(i) are issued by persons or bodies other than the customer and that include the customer’s name, signature and Australian residential address, and

(ii) includes a document issued by an Australian authority,

(d) a combination of documents that includes—

(i) a document issued by a foreign authority that includes the customer’s—

(A) photograph, and

(B) name, signature and a permanent or temporary residential address outside Australia, and

(ii) a document issued by a person or body other than the customer that includes the customer’s Australian residential address, whether permanent or temporary.

Examples—

letter from landlord, proof of hotel reservation

(2) For the Act, section 15(1A) and (1B), the following further particulars of a customer are required—

(a) the customer’s date of birth shown on a document issued by—

(i) an Australian authority, or

(ii) a foreign authority,

(b) if the customer is offering goods on behalf of a corporation—the corporation’s ABN shown on a document issued by an Australian authority.

(3) For the Act, section 15(3), the licensee—

(a) must obtain from the customer a written statement—

(i) in the form approved by the Secretary, and

(ii) that identifies the owner of the goods, and

(b) must not accept, as evidence of the identity of a customer, a document that appears to the licensee to have been—

(i) forged, or

(ii) tampered with.

17 Carrying on of business for licensee in certain circumstances—the Act, s 43(1)(d)

17 Carrying on of business for licensee in certain circumstances—the Act, s 43(1)(d)

(1) This section applies to a licence if the licensee—

(a) dies, or

(b) becomes mentally incapacitated, or

(c) becomes personally insolvent.

(2) The licensee’s legal personal representative or the trustee of the licensee’s estate may carry on the business authorised by the licence for a period of not more than 3 months after the death or incapacity of the licensee or the person becoming personally insolvent—

(a) personally, or

(b) through a designated agent.

(3) A person carrying on a business in accordance with this section (a temporary licensee)—

(a) must immediately notify the Secretary, and

(b) is taken for the Act and this regulation to be the licensee while carrying on the business, and

(c) if the licence expires during the 3 month period—is not guilty of an offence against the Act, section 6 or 7 for carrying on the business.

(4) An agent through whom a temporary licensee acts for the carrying on of the business is taken to be an employee of the business.

(5) The Secretary may revoke the authority conferred by this section by written notice to a temporary licensee.

18 Licences not transferable

18 Licences not transferable

(1) The licensee for a licence must not—

(a) attempt to transfer or give the licence to another person, or

(b) allow the use of the licence by another person.

Maximum penalty—20 penalty units.

(2) A person must not attempt to obtain the transfer of, or use, another person’s licence.

Maximum penalty—20 penalty units.

19 Unique identifier for combined licence

19 Unique identifier for combined licence

Despite the Licensing and Registration (Uniform Procedures) Act 2002, section 20(3)(b)(i), the same unique identifier may relate to a pawnbroker’s licence and a second-hand dealer’s licence if both are contained in the same document, as referred to in that Act, section 20(5).

Part 4 Special provisions relating to pawnbrokers

Part 4 Special provisions relating to pawnbrokers

20 Pawnbroker’s record of pledges

20 Pawnbroker’s record of pledges

For the Act, section 28(2)(f), the following particulars are required to be included—

(a) if the owner of the goods is an individual—the owner’s date of birth shown on an identification document issued by—

(i) an Australian authority, or

(ii) a foreign authority,

(b) if the owner of the goods is a corporation—the owner’s ABN shown on a document issued by an Australian authority,

(c) if the goods are pawned by an individual as the agent of the owner—the agent’s date of birth shown on a document issued by—

(i) an Australian authority, or

(ii) a foreign authority,

(d) the identity of the person who took the pawn on behalf of the pawnbroker, which may be indicated by—

(i) the name of the person, or

(ii) a number by which the licensee can identify the person,

(e) a statement specifying—

(i) the frequency with which interest charges are to be debited and the times at which interest charges are payable, and

(ii) if provision is made for interest charges to be payable at intervals of greater than 1 month—that interest charges may instead be paid at monthly intervals at the option of the person who pawned the goods,

(f) the address of the premises where the goods will be located during the redemption period,

(g) if the goods consist of more than one item—a statement about whether the goods may be separately redeemed,

(h) if the goods are a mobile phone— the phone’s International Mobile Equipment Identity, or IMEI, number,

(i) if the goods are a mobile phone, tablet, computer or laptop that contains a wireless local area network, or WLAN, interface—the media access control, or MAC, address for the interface,

(j) the date on which the redemption period ends.

21 Equivalent annual interest rate

21 Equivalent annual interest rate

(1) For the Act, section 28(2)(c), the equivalent annual interest rate is calculated by multiplying the periodic interest rate by the number of times the interest period occurs in 1 year.

(2) In this section—

interest period means the period of time during which a rate of interest applies.

periodic interest rate means the rate, expressed as a percentage, for each interest period at which interest accrues on the portion of the loan that remains unpaid.

22 Replacement pawn tickets—the Act, s 43(1)(a)

22 Replacement pawn tickets—the Act, s 43(1)(a)

(1) A person given a pawn ticket under the Act, section 28(5) may request a licensee replace the pawn ticket if the ticket is lost, stolen or destroyed.

(2) A request may be made at any time within 3 years after the pawn ticket was first given to the person.

(3) A licensee must give the person a copy of the pawn ticket free of charge if the person produces evidence of the person’s identity of a kind specified in section 16(1).

23 Redemption of pawned goods

23 Redemption of pawned goods

(1) For the Act, section 29(6), the identity of the person (the customer) attempting to redeem pawned goods from a licensee’s premises may be ascertained—

(a) if the customer produces the pawn ticket for the goods—by the customer reproducing the signature shown on the ticket in the presence of the licensee or an employee of the licensee, or

(b) otherwise—in accordance with subsection (2) or (3).

(2) If the customer purports to be the owner of the goods, the customer must give the licensee—

(a) evidence of the customer’s identity of a kind specified in section 16(1), and

(b) a declaration stating the customer is the owner of the goods.

(3) If the customer does not purport to be the owner of the goods, the customer must give the licensee—

(a) written notice, signed by the owner of the goods, that—

(i) specifies the name and address of the owner, and

(ii) authorises the goods to be collected by the customer, or

(b) evidence reasonably sufficient to prove—

(i) the death or incapacity of the owner, or

(ii) the owner’s inability to sign an authority.

24 Record of extending agreement

24 Record of extending agreement

For the Act, section 29A(5)(f), the record of an extending agreement must specify, if known by the licensee—

(a) the amounts that are or may be payable under the extending agreement for each new or varied rate, fee or charge referred to in the Act, section 29(5)(d), and

(b) the outstanding amounts that are or may be payable for each rate, fee or charge under the original agreement.

25 Sale of unredeemed goods

25 Sale of unredeemed goods

For the Act, section 30(1), the prescribed amount is $100.

26 Notice as to proceeds of sale

26 Notice as to proceeds of sale

For the Act, section 31A(2)(b), the prescribed amount is $100.

Part 5 Disputes as to ownership of goods and restoration of goods

Part 5 Disputes as to ownership of goods and restoration of goods

27 Restoration notices

27 Restoration notices

(1) For the Act, section 32F(3), the prescribed particulars and information are—

(a) the following in relation to the claimant—

(i) if the claimant is an individual—the claimant’s name, address, date of birth and signature,

(ii) if the claimant is a corporation—

(A) the corporation’s name, business address and ABN, and

(B) a signed statement by an executive officer of the corporation,

(iii) the connection between the claimant and the goods, and

(iv) evidence supporting the claimant’s title to the goods, and

(b) the following in relation to the goods—

(i) the location of the goods at the time the restoration notice is made,

(ii) a description of the goods,

(iii) if the goods have a serial number—the serial number,

(iv) if there is an alternative means of identifying the goods, including an etching or permanent marking—the alternative means of identifying the goods,

(v) the contract number for the goods, and

(c) the following in relation to the claim—

(i) the date the matter was first reported to a police officer,

(ii) the police description of the goods,

(iii) if there is a theft report for the goods—the event number in the Computerised Operational Policing System, or COPS, database,

(iv) the name, contact details and signature of the police officer issuing the notice,

(v) if an insurance claim has been made in relation to the goods—the name and business address of the insurer,

(vi) the name of the licensee, including, if the licensee is a corporation, the names of the directors of the corporation,

(vii) the unique identifier for the licence,

(viii) the address of the business and storage premises of the licensee.

(2) For the Act, section 32F(7), a restoration notice ceases to be operative if the claimant withdraws the allegation made under the Act, section 32F(1).

28 Local Court jurisdiction

28 Local Court jurisdiction

For the Act, section 32I(1)(a), the Local Court has jurisdiction to determine an action referred to in the Act, section 32I(1) if—

(a) the action is brought by a claimant for goods under the Civil Procedure Act 2005, section 93, and

(b) the licensee has not made an application under the Act, section 32G within 28 days after the restoration notice is served.

29 Signage to be displayed

29 Signage to be displayed

For the Act, section 32L, the notice must contain the following statement—

Disputes about ownership and restoration of goods
You have a legal right to claim goods from these premises that you have good reason to believe are yours. Go to a police station and a police officer will advise you of your rights and what you will need to do.

Part 6 Fees—the Act, s 43(1)(g) and (g1)

Part 6 Fees—the Act, s 43(1)(g) and (g1)

30 Fees

30 Fees

(1) The fees set out in Schedule 1, Part 1 are prescribed.

(2) An amount specified in relation to an application in Schedule 1, Part 1, Column 3 under the heading Processing component (in fee units) is taken to be a fee to cover the costs incurred by the Secretary in processing the application.

Note—

This amount is consequently a processing fee for the Licensing and Registration (Uniform Procedures) Act 2002, Part 2. If an application is made by electronic communication, the processing fee is discounted—see that Act, section 13. If an application is refused or withdrawn, the applicant is entitled to a refund of all fees paid, other than the processing fee—see that Act, sections 16 and 22.

31 Partial refund of application fees for certain licences

31 Partial refund of application fees for certain licences

(1) This section applies to an application fee—

(a) for a 3-year licence or 5-year licence, and

(b) paid by or for a person who—

(i) has surrendered the licence in accordance with the Licensing and Registration (Uniform Procedures) Act 2002, section 21(7), or

(ii) is an individual who has died.

(2) A person may apply to the Secretary for a refund of the application fee if the person—

(a) paid the application fee, or

(b) is applying for the person who paid the application fee, or

(c) for subsection (1)(b)(ii)—is the legal representative of the deceased individual.

(3) An applicant is entitled to a refund of—

(a) for a 3-year licence—one-third of the application fee paid, other than the processing component, for each complete year remaining of the licence term, or

(b) for a 5-year licence—one-fifth of the application fee paid, other than the processing component, for each complete year remaining of the licence term.

(4) In this section—

processing component, of an application fee, means the amount set out in Schedule 1, Part 1, Column 3 in relation to the fee.

32 Powers to waive, reduce, postpone or refund fees

32 Powers to waive, reduce, postpone or refund fees

(1) The Secretary may waive, reduce, postpone or refund, in whole or in part, a fee payable or paid under the Act if the Secretary is satisfied it is appropriate because—

(a) the person who must pay or has paid the fee is suffering financial hardship, or

(b) special circumstances exist.

Examples of special circumstances—

a natural disaster or recovery from a natural disaster

(2) The Secretary may waive an application fee if—

(a) the fee relates to a business carried on, or proposed to be carried on, as a partnership, and

(b) another person with whom the applicant carries on, or proposes to carry on, the business (a partner) has—

(i) made an application of the same kind for the partner’s licence, and

(ii) paid the relevant application fee.

Part 7 Exemptions—the Act, ss 4(2)(c), 21(1) and 43(1)(i)

Part 7 Exemptions—the Act, ss 4(2)(c), 21(1) and 43(1)(i)

33 Exemption for recycling programs

33 Exemption for recycling programs

The Act does not apply to acts or omissions relating to—

(a) buying or selling goods collected in a recycling program or rubbish collection program, or

(b) contracting with another person to give the person ownership of goods collected in a recycling program or rubbish collection program.

34 Exemption for purchases of second-hand goods from public authorities

34 Exemption for purchases of second-hand goods from public authorities

The Act does not apply to a person to the extent the person buys second-hand goods from—

(a) a government sector agency, or

(b) an authority constituted by or under an Act for a public purpose, or

(c) a State owned corporation.

35 Exemption for dealings in factory seconds

35 Exemption for dealings in factory seconds

The Act does not apply to a person to the extent the person deals only in second-hand goods bought from manufacturers as factory seconds.

36 Exemption for certain activities related to unlicensed businesses

36 Exemption for certain activities related to unlicensed businesses

(1) The Act does not apply to a person to the extent—

(a) the person carries on a business that is not otherwise required to be licensed under the Act, and

(b) in the course of, or ancillary to, carrying on the business, the person—

(i) sells goods under a power conferred by the Uncollected Goods Act 1995, or

(ii) takes goods as a trade-in, or

(iii) sells goods taken as a trade-in, or

(iv) sells goods for the purpose of taking or enforcing security over the goods, or

(v) if the business is a rental business—sells goods that have become second-hand goods because of being used in the rental business.

(2) In this section—

trade-in, in relation to goods, means the taking of the goods as part payment for other goods.

37 Exemption for authorised deposit-taking institutions from the Act, section 5

37 Exemption for authorised deposit-taking institutions from the Act, section 5

The Act, section 5 does not apply to goods received by an authorised deposit-taking institution.

38 Exemption from evidence requirement for overseas supply of goods

38 Exemption from evidence requirement for overseas supply of goods

The Act, section 15(1) and (3) do not apply to a licensee if—

(a) the goods being offered for sale to the licensee have been, or will be, imported to Australia by the licensee, and

(b) the licensee has made an import declaration for the goods under the Customs Act 1901 of the Commonwealth.

39 Exemptions relating to retention of goods

39 Exemptions relating to retention of goods

(1) The Act, section 21(1) does not apply to goods if the goods are—

(a) on consignment with a licensee for sale, or

(b) purchased by a licensee at auction, or

(c) purchased from another licensee and, before the purchase, the other licensee complied with the Act, section 21(1)(a), or

(d) purchased by tender from—

(i) a government sector agency, or

(ii) an authority constituted by or under an Act for a public purpose, or

(iii) a state owned corporation.

(2) For the Act, section 21(1)(a), a licensee may keep watercraft at a convenient place in New South Wales.

40 Exemption relating to pawnbroker’s record of pledges

40 Exemption relating to pawnbroker’s record of pledges

The Act, section 28(2)(a) does not apply to a licensee to the extent the section requires the licensee to record a serial number appearing on pawned goods that are—

(a) batteries for cordless second-hand goods, or

(b) chargers for cordless second-hand goods.

Part 8 Miscellaneous

Part 8 Miscellaneous

41 Penalty notice offences and demerit point offences

41 Penalty notice offences and demerit point offences

(1) For the Act, section 26(2) and (4)—

(a) each offence created by a provision specified in Schedule 2 is an offence for which a penalty notice may be issued, and

(b) the amount payable under the penalty notice is the amount specified in Schedule 2 for the offence.

(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

(a) the limited kind of offence, or

(b) an offence committed in the limited circumstances.

(3) For the Act, section 27(1)(a) and (2), if a number of demerit points is specified in Schedule 2 for an offence—

(a) the offence is prescribed for the demerit points scheme, and

(b) the number of demerit points to be allocated to the offence is the number specified in Schedule 2.

42 Repeal and savings

42 Repeal and savings

(1) The Pawnbrokers and Second-hand Dealers Regulation 2021 is repealed.

(2) An act, matter or thing that, immediately before the repeal of the Pawnbrokers and Second-hand Dealers Regulation 2021, had effect under that regulation continues to have effect under this regulation.

Schedule 1 Fees

Schedule 1 Fees

Sch 1 Part 1 Fees payable

Part 1 Fees payable

section 30

| Item | Column 1 | Column 2 | Column 3 | Column 4 | | | Type of fee | Fixed component (in fee units) | Processing component (in fee units) | Total (in fee units) | | 1 | Application for grant of licence | | | | | | (a) 1 year | 3.35 | 1.91 | 5.26 | | | (b) 3 years | 10.05 | 1.91 | 11.96 | | | (c) 5 years | 16.75 | 1.91 | 18.66 | | 2 | Application for renewal of licence | | | | | | (a) 1 year | 3.35 | 0.45 | 3.8 | | | (b) 3 years | 10.05 | 0.45 | 10.5 | | | (c) 5 years | 16.75 | 0.45 | 17.2 | | 3 | Application for restoration of licence | | | | | | (a) 1 year | 3.35 | 0.92 | 4.27 | | | (b) 3 years | 10.05 | 0.92 | 10.97 | | | (c) 5 years | 16.75 | 0.92 | 17.67 | | 4 | Application for replacement of licence | Nil | 0.46 | 0.46 | | 5 | Application for certificate containing extract from register | 0.18 | Nil | 0.18 |

Sch 1 Part 2 Fee unit

Part 2 Fee unit

Sch 1 s 1 Calculation of fee unit

1 Calculation of fee unit

(1) In this regulation, a fee unit is—

(a) in the financial year 2026–27—$131.66, and

(b) in each subsequent financial year—the amount calculated as follows—

where—

A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.

B is the CPI number for the March quarter of 2017.

(2) If the fee unit for a financial year is less than the previous financial year, the fee unit for the previous financial year applies.

(3) A fee unit and fee amount must be rounded as follows—

(a) a fee unit is round to the nearest cent and an amount of 0.5 cents is rounded down,

(b) a fee amount, including the amount of a component of a fee, calculated by reference to a fee unit is rounded to the nearest dollar and an amount of 50 cents is rounded down.

(4) For each financial year, the Secretary must, as soon as practicable after the publication of the CPI number for the March quarter by the Australian Statistician—

(a) notify the Parliamentary Counsel of the indexed fee unit for publication on the NSW legislation website, and

(b) publish on a government website the dollar amount of the fees under this part.

(5) A failure to comply with subsection (4) does not affect the operation of this part.

(6) In this section—

CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.

financial year means a period of 12 months commencing on 1 July.

Schedule 2 Penalty notice offences and demerit points

Schedule 2 Penalty notice offences and demerit points

section 41

| Column 1 | Column 2 | Column 3 | | Provision | Penalty | Number of demerit points | | Offences under the Act | | Section 6 | (a) for an individual—$1,100, or(b) otherwise—$2,200 | Nil | | Section 7 | (a) for an individual—$1,100, or(b) otherwise—$2,200 | Nil | | Section 12(2) | $330 | 2 | | Section 12A(2) | $330 | 2 | | Section 12B(2) | $550 | 2 | | Section 14 | $330 | Nil | | Section 15(1) | $330 | 2 | | Section 15(3) | $330 | 2 | | Section 15A(1) | $330 | Nil | | Section 16(1)–(3), (5) and (5A) | $550 | 2 | | Section 16(6) | $330 | 2 | | Section 17(6) | $330 | 2 | | Section 20(4) | $330 | 2 | | Section 21(4) | $550 | 2 | | Section 28(7) | $550 | 2 | | Section 29 | $330 | 2 | | Section 29A(11) | $330 | 2 | | Section 29B(2) | $550 | 2 | | Section 30(1) and (3) | $330 | 2 | | Section 31(2) | $330 | 2 | | Section 31A(1) | $550 | 2 | | Section 32(4) | $330 | 2 | | Section 32C | $330 | Nil | | Section 32F(4) | $550 | 2 | | Section 32L | $330 | Nil | | Section 37 | $110 | Nil | | Offences under this regulation | | Section 15(1) | $330 | 2 | | Section 18(1) and (2) | $330 | 2 |