Pawnbrokers and Second-hand Dealers Regulations 1996 (Western Australia)

The Pawnbrokers and Second-hand Dealers Regulations 1996 (WA) set out detailed operational, procedural and administrative rules that implement and qualify provisions of the Pawnbrokers and Second‑hand Dealers Act 1994 (the Act). The Regulations prescribe which matters in the Act do not apply in particular circumstances (Part 2), specify documentary and photographic identity standards for licence applications and renewals (Part 3), establish the 100‑point identity verification system and allow for transaction cards (r 13, r 13A), fix record‑keeping form and order (r 14), mandate the information that pawnbrokers and second‑hand dealers must supply to the Commissioner and how and when it must be provided (r 15), set licence application and renewal fees and rules for their calculation (Part 6, rr 28-31), identify certain offences as suitable for modified penalties and set the penalty amounts (Part 7, r 32), and deal with transitional arrangements for the 2020 amendments (r 33). The Regulations also list classes of goods that, even if worn or used, are not to be treated as “second‑hand goods” for the purposes of the Act (r 5), and make specific provision that certain sections of the Act do not apply in particular situations, for example in relation to financial bodies (r 4), sales to minors (r 6), and goods obtained from outside Western Australia, at licensed auctions, from licensees or from State agencies (rr 7 and 9).

Mechanically, the instrument converts higher‑level duties and definitions in the Act into concrete, enforceable administrative practices: who must be identified and how (r 13), what records must be kept and in what order (r 14), how and when information is transmitted to the Commissioner (r 15), and how licensing fees are computed and refunded (rr 28-30). It also assigns specified monetary modified penalties to named statutory breaches (r 32 Table). Decision‑makers under the Regulations are the Commissioner and licensing officers who administer the Act; the Regulations repeatedly reference actions or requirements “for the purposes of” particular sections of the Act (for example r 4 referring to s 4(3), r 13 referring to s 39(b), r 15 referring to s 79), thereby directing how delegated administrative discretion under the Act must be exercised.

CrestWestern Australia

Pawnbrokers and Second-hand Dealers Act 1994

Pawnbrokers and Second-hand Dealers Regulations 1996

Western Australia

Pawnbrokers and Second-hand Dealers Regulations 1996

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — Prescribed matters for which Act or certain provisions of Act do not apply

Provisions prescribed for financial bodies (Act s. 4(3)) 3
Goods not to be treated as second-hand goods prescribed (Act s. 3(1) second-hand goods) 3
Act s. 38(a) does not apply to sales to minors (Act s. 4(3)) 5
Act s. 39 does not apply in some cases (Act s. 4(3)) 5
Amount prescribed (Act s. 59(2)(b)) 6
Act s. 61 does not apply to certain goods (Act s. 4(3)) 6

Part 3 — Matters prescribed for licence applications

Other means of proving applicant’s identity prescribed (Act s. 14(a)(iv)) 7
Other evidence to accompany applications prescribed (Act s. 14(f)) 7
Evidence to accompany renewal applications prescribed (Act s. 16) 8

Part 4 — Matters prescribed for verification of identity, records and provision of information

Means of verifying person’s identity prescribed (Act s. 39(b)) 10

13A. Transaction cards, form and issue of 14

Manner of keeping records prescribed (Act s. 45) 14
Information prescribed (Act s. 79) 15

Part 6 — Fees

Fees prescribed for applications for licences (Act s. 13(b)) 17
Fees prescribed for applications for renewal of licences (Act s. 15(1)(b)) 19
Refund of fees, when payable 22
Fee prescribed for inspecting register (Act s. 28(2)) 22

Part 7 — Prescribed offences and modified penalties

Offences and modified penalties prescribed (Act s. 90) 23

Part 8 — Transitional provisions

Transitional provisions relating to Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 25

Notes

Compilation table 27

Other notes 30

Defined terms

Pawnbrokers and Second‑hand Dealers Act 1994

Pawnbrokers and Second‑hand Dealers Regulations 1996

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Pawnbrokers and Second‑hand Dealers Regulations 1996.

2. Commencement

These regulations come into operation on 1 April 1996.

3. Terms used

In these regulations —

financial body means a body that is —

(a) an authorised deposit‑taking institution as defined in the Banking Act 1959 (Commonwealth) section 5(1); or

(aa) a bank constituted by a law of a State, a Territory or the Commonwealth; or

(b) a registrable corporation within the meaning of the Financial Sector (Collection of Data) Act 2001 (Commonwealth) section 7;

public utility means a body the primary purpose of which is to provide electricity, water, sewerage or gas to the public in any State or Territory;

section means section of the Act;

State agency has the meaning given in the Procurement Act 2020 section 5(1);

telephone utility means a body that has as its primary purpose the provision of telephone services to the public in any State or Territory.

[Regulation 3 amended: Gazette 28 Jul 2000 p. 4019; 8 Jan 2015 p. 151; SL 2020/147 r. 4; SL 2020/248 r. 6.]

Part 2 — Prescribed matters for which Act or certain provisions of Act do not apply

4. Provisions prescribed for financial bodies (Act s. 4(3))

For the purposes of section 4(3), the definition of pawnbroker in section 3(1) and sections 3A and 5 do not apply to financial bodies.

[Regulation 4 amended: Gazette 8 Jan 2015 p. 152.]

5. Goods not to be treated as second-hand goods prescribed (Act s. 3(1) second-hand goods)

(1) For the purposes of the definition of second‑hand goods in section 3(1), goods which have been worn or otherwise used and which belong to a class of goods described in the Table to this subregulation, or goods to which subregulation (2) applies, are goods that are not to be treated as second‑hand goods for the purposes of the Act.

Table

Item	Goods not to be treated as “second‑hand goods”
1.	Goods collected under a local government recycling scheme.
2.	Goods (other than jewellery) purchased for the purpose of manufacturing any other article from the goods.
3.	Goods collected for a charitable purpose within the meaning of the Charitable Collections Act 1946 where the collector is a person to whom section 6(1)(e), (f) or (g) of that Act applies and who is acting in accordance with such licence and authority referred to in that section as applies to that person.
4.	Books, magazines and periodicals.
5.	Boats (but not outboard motors or other marine equipment).
6.	Ferrous and non‑ferrous scrap metals (but not gold, silver, copper or copper alloy (including bronze and brass)).
7.	Clothing, including footwear.
8.	Furniture, including lamps and light fittings (but not electrical or electronic appliances or moveable heaters).
9.	Household soft furnishings, including rugs, curtains and manchester.
10.	Household decorative goods, including statues, figurines, paintings, prints and drawings.
11.	Kitchenware, including pots, pans, crockery and cutlery (but not electrical or electronic appliances).
12.	Motor vehicles, as defined in the Road Traffic (Administration) Act 2008 section 4, and their parts including tyres (but not accessories such as audio equipment, roof racks or lights other than those required under the Road Traffic (Vehicles) Regulations 2014 Part 10 Division 8).
13.	Mining machinery and parts.
14.	Farming machinery and parts (but not accessories such as audio equipment, electronic monitoring equipment or lights other than those required under the Road Traffic (Vehicles) Regulations 2014 Part 10 Division 8).
15.	Rags.
16.	Bones.
17.	Glassware, including bottles.
18.	Cans of any kind.
19.	Waste plastic materials.
20.	Waste paper materials.
21.	Salvaged building materials including doors, window frames, tiles, bricks and timber.
22.	White goods in the nature of large domestic electrical equipment, including refrigerators, freezers, washing machines, clothes driers, ovens and ironing presses (but not portable or camping refrigerators or microwave or microwave/convection ovens).
23.	Collectables such as stamps, coins, trading cards, dolls, toys and military memorabilia (but not jewellery or watches).
24.	Goods purchased for babies, such as baby furniture, toys, prams, strollers and vehicle baby seats and capsules.
25.	Goods that have been the subject of a rental agreement.
26.	Pianos and pianolas.
27.	Vacuum cleaners.
28.	Wheelchairs and similar goods designed to carry physically disabled persons.

(2) This subregulation applies to goods (traded goods) that are accepted by a retailer as part of the purchase price of new goods sold by the retailer to a person (the new sale) —

(a) if the traded goods were purchased by the person from a retailer as new goods; and

(b) where the trade‑in value of the traded goods is $200 or more, if the person produces proof of that purchase at the time the new sale takes place; and

(c) where the trade‑in value of the traded goods is less than $200, if the purchase is made by way of exchange without money changing hands.

(3) In subregulation (2) —

retail shop has the same meaning as it has in the Retail Trading Hours Act 1987;

retailer means a person who operates a retail shop but does not include a pawnbroker or second‑hand dealer.

[Regulation 5 amended: Gazette 28 Jul 2000 p. 4019; 3 Dec 2002 p. 5713; 30 Apr 2007 p. 1838; 16 May 2008 p. 1912; Act No. 8 of 2009 s. 29; Gazette 8 Jan 2015 p. 152; SL 2020/147 r. 5.]

6. Act s. 38(a) does not apply to sales to minors (Act s. 4(3))

For the purposes of section 4(3), section 38(a) does not apply to a second‑hand dealer who enters into a contract with a person who is under 18 years of age if the contract is for the sale, by the dealer, of goods to the person.

7. Act s. 39 does not apply in some cases (Act s. 4(3))

(1) For the purposes of section 4(3), section 39 does not apply to a second‑hand dealer who enters into a contract under which goods are, or are to be, obtained by the dealer —

(a) from outside of Western Australia; or

(b) at an auction within the meaning of the Auction Sales Act 1973 where the auctioneer is acting in accordance with a licence issued under that Act to, or for the benefit of, the auctioneer; or

(d) from a State agency.

(2) Nothing in subregulation (1) affects the requirement under section 43(b) for a second‑hand dealer to record the full name and current residential address of the party offering the goods referred to in that subregulation.

(3) For the purposes of section 4(3), section 39 does not apply to a second‑hand dealer who enters into a contract with a person if the contract is for the sale, by the dealer, of goods to the person.

[Regulation 7 amended: Gazette 28 Jul 2000 p. 4020; SL 2020/248 r. 7.]

8. Amount prescribed (Act s. 59(2)(b))

For the purposes of section 59(2)(b), section 59(1) does not apply where the surplus is less than $50.

9. Act s. 61 does not apply to certain goods (Act s. 4(3))

For the purposes of section 4(3), section 61 does not apply to goods that a second‑hand dealer has obtained —

(a) from outside of Western Australia; or

(b) at an auction within the meaning of the Auction Sales Act 1973 where the auctioneer is acting in accordance with a licence issued under that Act to, or for the benefit of, the auctioneer; or

(d) from a State agency.

[Regulation 9 amended: Gazette 28 Jul 2000 p. 4020; SL 2020/248 r. 8.]

Part 3 — Matters prescribed for licence applications

10. Other means of proving applicant’s identity prescribed (Act s. 14(a)(iv))

For the purposes of section 14(a)(iv), evidence of the identity of a person applying for the issue of a licence may consist of any one of the following —

(a) a certificate of the applicant’s Australian citizenship;

(b) a document establishing the discharge of the applicant from any of the Australian defence forces;

(d) a certificate of the applicant’s identity issued by the department of the Commonwealth public service responsible for the administration of foreign affairs;

(e) a certificate of the applicant’s descent issued by the department of the Commonwealth public service responsible for the administration of immigration or issued by a consulate within Australia;

(f) a current photo card, as defined in the Western Australian Photo Card Regulations 2014 regulation 3, held by the applicant.

[Regulation 10 amended: Gazette 5 Aug 2014 p. 2833.]

11. Other evidence to accompany applications prescribed (Act s. 14(f))

For the purposes of section 14(f), an application for the issue of a licence is to be accompanied by 3 colour photographs of the applicant —

(a) each of which is 45 mm long and 35 mm wide; and

(b) each of which shows a frontal view of the applicant’s head and shoulders without sunglasses, tinted spectacles, head wear or any other item which may affect the applicant’s usual appearance; and

(d) one of which is endorsed by a person who has known the applicant for at least 5 years as follows —

“ I certify that this is a photograph of [applicant’s full name] who I have known for at least 5 years.
Signed
[Endorser’s signature]
[Endorser’s full name]
[Date] ”.

12. Evidence to accompany renewal applications prescribed (Act s. 16)

(1) For the purposes of section 16, an application for the renewal of a licence is to be accompanied by 3 colour photographs of the applicant —

(a) each of which is 45 mm long and 35 mm wide; and

(d) subject to subregulation (2), one of which is endorsed by a person who has known the applicant for at least 5 years as follows —

“ I certify that this is a photograph of [applicant’s full name] who I have known for at least 5 years.
Signed
[Endorser’s signature]
[Endorser’s full name]
[Date] ”.

(2) If —

(a) the applicant for the renewal of a licence attends in person before the licensing officer and brings the applicant’s current licence and the 3 photographs referred to in subregulation (1); and

(b) the licensing officer is satisfied that the photographs are current photographs of the applicant,

then it is not necessary for any of the photographs to be endorsed in accordance with paragraph (d) of that subregulation.

Part 4 — Matters prescribed for verification of identity, records and provision of information

13. Means of verifying person’s identity prescribed (Act s. 39(b))

(1) Subject to subregulations (2) and (3), a person’s identity may be verified for the purposes of section 39(b) by conducting, in relation to the person, any combination of the checks set out in the Table to this regulation and adding the points set out opposite each check conducted in relation to the person to achieve a total of at least 100 points.

Table

Item	Check	Points with photo	Points without photo
1.	The person’s name is stated on a transaction card held by the person that has been issued in accordance with regulation 13A(1) by the pawnbroker or second‑hand dealer who is verifying the person’s identity.	75	‑
1A.	The person’s name is stated on a current motor driver’s licence held by the person that has been issued in Australia.	75	‑
1B.	The person’s name is stated on a passport held by the person that is either current or has not been expired for more than 2 years.	75	‑
1C.	The person’s name is stated on a proof of age card held by the person that has been issued under the Liquor Control Regulations 1989 1 regulation 18B.	75	‑
2A.	The person’s name is stated on a current photo card as defined in the Western Australian Photo Card Regulations 2014 regulation 3.	75	‑
2.	The person’s photograph has been taken and retained in accordance with regulation 13A(1) within the last 12 months by the pawnbroker or second‑hand dealer who is verifying the person’s identity.	75	‑
3.	The person’s name is stated on a current licence (other than a motor driver’s licence) or current permit held by the person that has been issued under a law of the Commonwealth or a State or Territory.	40	25
4.	The person’s name is stated on a current identity card or current licence held by the person that has been issued by a government agency outside Australia.	40	25
5.	The person’s name is stated on an identification card (other than a card referred to in item 1C or 2A) held by the person that has been issued by a government agency to provide evidence of the person’s name and age.	40	25
6.	The person’s name is stated on an identification card held by the person that has been issued by a government agency to provide evidence of the person’s entitlement to a health benefit or pensioner concession.	40	25
7.	The person’s name is stated on an identification card held by the person that has been issued within the last 5 years by an educational institution.	40	25
8.	An educational institution has a record of the person’s name and address made within the last 5 years.	40	25
9.	The person’s name is stated on an identification card held by the person that has been issued by the person’s employer.	40	25
10.	The person’s employer has a record of the person’s name and address.	40	25
11.	The person’s name is stated on an identification card held by the person that has been issued by a professional or trade association.	40	25
12.	A professional or trade association has a record of the person’s name and address.	40	25
[13. deleted]
14.	A State agency or local government has a record of the person’s name and address.	‑	25
15.	The person’s name and address appear in an Australian electoral roll or a register of electors under the Electoral Act 1907 or a law of another jurisdiction (if any).	‑	25
16.	A public utility has a record of the person’s name and address.	‑	25
17.	A telephone utility has a record of the person’s name and address.	‑	25
18.	If the person lives in or conducts business from rented premises — the owner of the premises or the managing agent for the premises has a record of the person’s name and address.	‑	25
19.	An insurance company has a record of the person’s name and address.	‑	25
20.	The person’s name is stated in a certified copy of or extract from a birth certificate, a marriage certificate or a citizenship certificate.	‑	25
21.	A financial body has a record of the person’s name and address.	‑	25

(2) At least one of the documents used to verify a person’s identity under subregulation (1) must bear the signature of the person to whom the document relates and the pawnbroker or second‑hand dealer must be satisfied that that signature matches the signature done in the presence of the pawnbroker or dealer by the person seeking to have his or her identity verified.

(3) At least one of the documents used to verify a person’s identity under subregulation (1) —

(a) must bear the current residential address of the person; and

(b) must have been issued within 3 months before the verification of the person’s identity.

[Regulation 13 amended: Gazette 28 Jul 2000 p. 4020‑2; 30 Apr 2007 p. 1838‑9; 16 May 2008 p. 1913; 5 Aug 2014 p. 2833; SL 2020/248 r. 9; SL 2024/127 r. 4.]

13A. Transaction cards, form and issue of

(1) When a pawnbroker or second‑hand dealer has verified a person’s identity for the purposes of section 39(b), the pawnbroker or second‑hand dealer —

(a) if the person agrees, may take and retain a photograph of the person; and

(b) if a photograph of the person is taken, may issue to the person a card (a transaction card) that complies with subregulations (2) and (3).

(2) A transaction card complies with this subregulation if it —

(a) bears the person’s photograph, full name, signature and date of birth; and

(aa) bears the date and place of issue, date of expiry and an identifying number; and

(b) is in a form and of a standard approved by the Commissioner.

(3) A transaction card complies with this subregulation if it is issued for a period not greater than 12 months.

[Regulation 13A inserted: Gazette 28 Jul 2000 p. 4023; amended: SL 2020/147 r. 6.]

14. Manner of keeping records prescribed (Act s. 45)

(1) For the purposes of section 45(1)(b), all records required to be made by a pawnbroker under section 41 are to be kept in numerical order according to the distinguishing number recorded under section 41(a).

(2) For the purposes of section 45(2)(b), all records required to be made by a second‑hand dealer under section 43 are to be kept in numerical order according to the distinguishing number recorded under section 43(a).

15. Information prescribed (Act s. 79)

(1) For the purposes of section 79(a), a pawnbroker is to give the Commissioner the information referred to in section 41(a) to (f) in relation to each of the goods in the possession of the pawnbroker.

(2) For the purposes of section 79(a), a second‑hand dealer is to give the Commissioner the information referred to section 43(a) to (f) in relation to each of the goods in the possession of the dealer.

(3) Nothing in subregulation (2) requires a second‑hand dealer to give the Commissioner information about goods that the dealer has obtained —

(a) from outside of Western Australia; or

(b) at an auction within the meaning of the Auction Sales Act 1973 where the auctioneer is acting in accordance with a licence issued under that Act to, or for the benefit of, the auctioneer; or

(d) from a State agency.

(4) For the purposes of section 79(c), a pawnbroker or second‑hand dealer is to give the information referred to in subregulation (1) or (2), as the case requires, to the Commissioner —

(a) by submitting the information through an electronic system —

(i) approved by the Commissioner to receive information given under section 79; and

(ii) notified to the pawnbroker or second‑hand dealer by the Commissioner;

(b) if the system referred to in paragraph (a) is unavailable at the time the information is intended to be given — by emailing the information to an email address notified to the pawnbroker or second‑hand dealer by the Commissioner; or

(c) by giving the information by a means that the Commissioner has allowed in the case of the pawnbroker or second‑hand dealer because of special circumstances.

(5) For the purposes of section 79(d), a pawnbroker or second‑hand dealer is to give the information referred to in subregulation (1) or (2), as the case requires, to the Commissioner —

(a) if the pawnbroker or second‑hand dealer gives the information by the means described in subregulation (4)(a) — as soon as the information becomes available to the pawnbroker or second‑hand dealer; or

(b) if the pawnbroker or second‑hand dealer gives the information by the means described in subregulation (4)(b) or (c) — as soon as practicable, but no later than 24 hours, after the information becomes available to the pawnbroker or second‑hand dealer.

[(5a)-(6) deleted]

[Regulation 15 amended: Gazette 28 Jul 2000 p. 4023‑4; 8 Jan 2015 p. 152; SL 2020/147 r. 7; SL 2020/248 r. 10.]

[Part 5 (r. 16-27) deleted: Gazette 30 Dec 2004 p. 6975.]

Part 6 — Fees

28. Fees prescribed for applications for licences (Act s. 13(b))

(1) The fee to accompany an application for the issue of either of the following is set out in item 1 of the Table to this regulation —

(a) a pawnbroker’s licence;

(b) a second-hand dealer’s licence.

[(2), (3) deleted]

(4) Where applications are made at the same time for a pawnbroker’s licence and a second‑hand dealer’s licence to be issued in respect of the same person, the single fee to accompany the applications is set out in item 2 of the Table to this regulation.

(5) For the purposes of calculating a fee set out in item 1 or 2 of the Table, the number of transactions in a year is to be determined by the number of transactions estimated by the applicant as reasonably likely to occur at the business premises to which the proposed licence would apply in a 12 month period.

Table — Fees for application for licences

Item	Licence	For period not exceeding 1 year $	For period not exceeding 2 years but longer than 1 year $	For period not exceeding 3 years but longer than 2 years $
1.	Pawnbroker’s licence or second‑hand dealer’s licence
(a)	150 or more transactions in a year	5 730	8 000	10 269
(b)	50‑149 transactions in a year	2 865	4 000	5 134
(c)	0‑49 transactions in a year	1 432	2 000	2 567
2.	Pawnbroker’s licence and second‑hand dealer’s licence
(a)	150 or more transactions in a year	5 746	8 026	10 307
(b)	50‑149 transactions in a year	2 873	4 013	5 153
(c)	0‑49 transactions in a year	1 436	2 006	2 576

[Regulation 28 amended: Gazette 10 Jun 1997 p. 2668; 12 Jun 1998 p. 3200; 30 Jun 1999 p. 2863; 30 Jun 2000 p. 3424; 28 Jun 2002 p. 3102; 20 Jun 2003 p. 2245-6; 29 Jun 2004 p. 2544; 1 Jul 2005 p. 3006; 27 Jun 2006 p. 2302; 29 Jun 2007 p. 3202-3; 24 Jun 2008 p. 2907‑8; 26 May 2009 p. 1809; 18 Jun 2010 p. 2694; 10 Jun 2011 p. 2109; 15 Jun 2012 p. 2537; 28 Jun 2013 p. 2782-4; 17 Jun 2014 p. 1993-4; 2 Jun 2015 p. 1949‑50; 14 Jun 2016 p. 1827‑9; 27 Jun 2017 p. 3442‑4; 26 Jun 2018 p. 2394‑5; 21 Jun 2019 p. 2143‑5; SL 2020/82 r. 6; SL 2020/147 r. 8; SL 2021/106 r. 6; SL 2022/65 r. 6; SL 2023/74 r. 6; SL 2024/94 r. 6; SL 2025/86 r. 4.]

29. Fees prescribed for applications for renewal of licences (Act s. 15(1)(b))

(1) The fee to accompany an application for the renewal of either of the following is set out in item 1 of the Table to this regulation —

(a) a pawnbroker’s licence;

(b) a second-hand dealer’s licence.

[(2), (3) deleted]

(4) Where applications are made at the same time for a pawnbroker’s licence and a second‑hand dealer’s licence to be renewed in respect of the same person, the single fee to accompany the applications is set out in item 2 of the Table to this regulation.

(5) For the purposes of calculating a fee set out in item 1 or 2 of the Table, the number of transactions in a year —

(a) is the number of transactions that occurred at the business premises to which the licence applies in the 12 month period ending on the day on which the application for renewal is made; but

(b) in the case of the first renewal of a licence for a business that, as at that day, would have been conducted for a period of less than 12 months, is to be determined by multiplying by 365 the average number of daily transactions in that period.

Table — Fees for renewal of licences

Item	Licence	For period not exceeding 1 year $	For period not exceeding 2 years but longer than 1 year $	For period not exceeding 3 years but longer than 2 years $
1.	Pawnbroker’s licence or second‑hand dealer’s licence
(a)	150 or more transactions in a year	5 628	7 831	10 034
(b)	50‑149 transactions in a year	2 814	3 915	5 017
(c)	0‑49 transactions in a year	1 407	1 957	2 508
2.	Pawnbroker’s licence and second‑hand dealer’s licence
(a)	150 or more transactions in a year	5 645	7 858	10 071
(b)	50‑149 transactions in a year	2 822	3 929	5 035
(c)	0‑49 transactions in a year	1 411	1 964	2 517

[Regulation 29 amended: Gazette 10 Jun 1997 p. 2669; 12 Jun 1998 p. 3200; 30 Jun 2000 p. 3424; 28 Jun 2002 p. 3102; 20 Jun 2003 p. 2246; 29 Jun 2004 p. 2545; 1 Jul 2005 p. 3006; 27 Jun 2006 p. 2302; 29 Jun 2007 p. 3203-4; 24 Jun 2008 p. 2908‑9; 26 May 2009 p. 1809-10; 18 Jun 2010 p. 2694; 10 Jun 2011 p. 2109; 15 Jun 2012 p. 2537-8; 28 Jun 2013 p. 2784‑6; 17 Jun 2014 p. 1994‑6; 2 Jun 2015 p. 1951‑2; 14 Jun 2016 p. 1829‑31; 27 Jun 2017 p. 3444‑6; 26 Jun 2018 p. 2396‑7; 21 Jun 2019 p. 2145‑7; SL 2020/82 r. 7; SL 2020/147 r. 9; SL 2021/106 r. 7; SL 2022/65 r. 7; SL 2023/74 r. 7; SL 2024/94 r. 7; SL 2025/86 r. 5.]

30. Refund of fees, when payable

(1) If a licensing officer declines to issue or renew a licence then the fee paid under regulation 28 or 29 is to be refunded to the applicant.

(2) If a licensing officer issues or renews a licence for a period that is less than the period applied for then the applicant is entitled to be refunded the amount that is the difference between the fee paid and the fee applicable to the period for which the licence was issued or renewed.

(3) If the business to which a licence relates ceases to be conducted for any reason other than because the licence has been revoked or suspended then the licensee is entitled to be refunded the amount that is the difference between the fee paid and the fee that would have been applicable to the licence if it had been issued or renewed for the period ending on the day on which the conduct of the business ceased.

[Regulation 30 amended: Gazette 12 Jun 1998 p. 3200.]

31. Fee prescribed for inspecting register (Act s. 28(2))

The fee for each inspection of the register kept under section 28(1) is $12.

[Regulation 31 amended: Gazette 10 Jun 1997 p. 2669; 12 June 1998 p. 3200; 30 Jun 1999 p. 2864; 28 Jun 2002 p. 3102; 1 Jul 2005 p. 3006; 26 May 2009 p. 1810.]

Part 7 — Prescribed offences and modified penalties

[Heading inserted: Gazette 28 Jul 2000 p. 4025.]

32. Offences and modified penalties prescribed (Act s. 90)

(1) The offences created by the sections mentioned in column 2 of the Table to this regulation are prescribed for the purposes of section 90(2).

(2) The amount mentioned in column 4 of the Table to this regulation that corresponds to an offence mentioned in column 2 is the modified penalty for that offence for the purposes of section 90(4).

Table

Item	Section	Description of offence	Modified penalty<br>$
1.	27(4)	Failing to comply with licensing officer’s directions.	200
2.	36	Failing to display a sign at business premises.	100
3.	37(3)	Refusing or failing to comply with a request from a member of the police force to inspect employee records.	200
4.	38	Entering into a contract with a person under 18 years of age or a person apparently affected by alcohol or any drug.	200
5.	39	Failing to ascertain a person’s name and address and verify his or her identity.	200
6.	41	Failing to ensure that pawnbroker contract details are recorded.	300
7.	42	Failing to ensure that written statement is signed and given.	100
8.	43	Failing to ensure that second‑hand dealer contract details are recorded.	300
9.	44	Failing to ensure that a receipt and copy are signed and receipt given.	100
10.	47	Failing to ensure that pawned or second-hand goods are marked or labelled with distinguishing number of contract.	200
11.	48(1)	Unlawfully replacing a lost or stolen pawn ticket.	200
12.	48(2)	Charging a fee for a replacement pawn ticket.	200
13.	51	Failing to ensure that pawned goods are kept at business or storage premises.	200
14.	58(1)	Failing to calculate and record charges and any surplus.	100
15.	58(2)	Failing to allow record to be inspected.	100
16.	59	Failing to notify other party of any surplus due and entitlement to surplus.	100
17.	62	Failing to ensure second‑hand goods are kept at business or storage premises.	200
18.	63(1)	Requiring or receiving a fee for application to enter into contract.	100
19.	74(3)	Refusing or failing to comply with requirement of police to open storage premises.	200
20.	79	Failing to give prescribed information to Commissioner.	300

[Regulation 32 inserted: Gazette 28 Jul 2000 p. 4025‑6; amended: Gazette 23 February 2001 p. 1170.]

Part 8 — Transitional provisions

[Heading inserted: SL 2020/147 r. 10.]

33. Transitional provisions relating to Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020

(1) In this regulation —

commencement day means the day on which the Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 regulation 7 comes into operation;

current licence period, in relation to a person, means the person’s licence period in effect immediately before commencement day;

relevant day means the earlier of the following —

(a) the day after the end of the current licence period;

(b) 1 February 2021.

(2) Subregulation (3) applies in relation to a contract if —

(a) the contract is entered into before commencement day; but

(b) the information required to be given to the Commissioner under regulation 15(1) or (2) in relation to the goods that are the subject of the contract is not given before commencement day.

(3) The information may be given to the Commissioner as if the Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 regulation 7 had not come into operation.

(4) Subregulation (5) applies if, immediately before commencement day —

(a) a person holds a second‑hand dealer’s licence only; and

(b) an election to give the Commissioner information for the purposes of section 79 by way of transmission by facsimile machine is in effect in relation to the person.

(5) The person may continue to give the Commissioner information for the purposes of section 79 by way of transmission by facsimile machine as if the Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 regulation 7 had not come into operation.

(6) Subregulation (5) ceases to apply in relation to the person —

(a) unless paragraph (b) applies, on the relevant day; or

(b) if an action is taken under section 27(3) in relation to the licence or the person before the relevant day — when the action is taken.

[Regulation 33 inserted: SL 2020/147 r. 10.]

[Schedule 1 deleted: Gazette 30 Dec 2004 p. 6975.]

dline

Notes

This is a compilation of the Pawnbrokers and Second-hand Dealers Regulations 1996 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Pawnbrokers and Second‑hand Dealers Regulations 1996	29 Mar 1996 p. 1557‑76	1 Apr 1996 (see r. 2)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 1996	24 Jan 1997 p. 565	24 Jan 1997
Pawnbrokers and Second‑hand Dealers Amendment Regulations 1997	10 Jun 1997 p. 2668‑9	1 Jul 1997 (see r. 2)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 1998	12 Jun 1998 p. 3200	1 Jul 1998 (see r. 2)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 1999	30 Jun 1999 p. 2863-4	1 Jul 1999 (see r. 2)
Pawnbrokers and Second‑hand Dealers Amendment Regulations (No. 2) 2000	30 Jun 2000 p. 3423-4	1 Jul 2000 (see r. 2)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2000	28 Jul 2000 p. 4018-26	28 Jul 2000
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2001	23 Feb 2001 p. 1170	23 Feb 2001
*Reprint of the Pawnbrokers and Second‑hand Dealers Regulations 1996* as at 2 Mar 2001** (includes amendments listed above)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2002	28 Jun 2002 p. 3101-2	1 Jul 2002 (see r. 2)
Pawnbrokers and Second-hand Dealers Amendment Regulations (No. 2) 2002	3 Dec 2002 p. 5713	3 Dec 2002
Pawnbrokers and Second-hand Dealers Amendment Regulations 2003	20 Jun 2003 p. 2245-6	1 Jul 2003 (see r. 2)
Pawnbrokers and Second-hand Dealers Amendment Regulations (No. 2) 2004	29 Jun 2004 p. 2544-5	1 Jul 2004 (see r. 2)
Pawnbrokers and Second-hand Dealers Amendment Regulations 2004	30 Dec 2004 p. 6975	1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2005	1 Jul 2005 p. 3005-6	1 Sep 2005 (see r. 2)
*Reprint 2: The Pawnbrokers and Second‑hand Dealers Regulations 1996* as at 13 Jan 2006** (includes amendments listed above)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2006	27 Jun 2006 p. 2301-2	1 Jul 2006 (see r. 2)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2007	30 Apr 2007 p. 1835‑9	1 May 2007 (see r. 2 and Gazette 30 Apr 2007 p. 1833)
Pawnbrokers and Second‑hand Dealers Amendment Regulations (No. 2) 2007	29 Jun 2007 p. 3202-4	r. 1 and 2: 29 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b))
Pawnbrokers and Second-hand Dealers Amendment Regulations 2008	16 May 2008 p. 1912-13	r. 1 and 2: 16 May 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 17 May 2008 (see r. 2(b))
Pawnbrokers and Second‑hand Dealers Amendment Regulations (No. 2) 2008	24 Jun 2008 p. 2907‑9	r. 1 and 2: 24 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b))
*Reprint 3: The Pawnbrokers and Second‑hand Dealers Regulations 1996* as at 10 Oct 2008** (includes amendments listed above)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 29 assented to 21 May 2009		22 May 2009 (see s. 2(b))
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2009	26 May 2009 p. 1808-10	r. 1 and 2: 26 May 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))
Pawnbrokers and Second-hand Dealers Amendment Regulations 2010	18 Jun 2010 p. 2693-4	r. 1 and 2: 18 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b))
Pawnbrokers and Second-hand Dealers Amendment Regulations 2011	10 Jun 2011 p. 2108-10	r. 1 and 2: 10 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
Pawnbrokers and Second-hand Dealers Amendment Regulations 2012	15 Jun 2012 p. 2536-8	r. 1 and 2: 15 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b))
*Reprint 4: The Pawnbrokers and Second‑hand Dealers Regulations 1996* as at 19 Oct 2012** (includes amendments listed above)
Pawnbrokers and Second-hand Dealers Amendment Regulations 2013	28 Jun 2013 p. 2782-6	r. 1 and 2: 28 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Jun 2013 (see r. 2(b))
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2014	17 Jun 2014 p. 1992‑6	r. 1 and 2: 17 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b))
Pawnbrokers and Second‑hand Dealers Amendment Regulations (No. 2) 2014	5 Aug 2014 p. 2832‑3	r. 1 and 2: 5 Aug 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Aug 2014 (see r. 2(b))
Pawnbrokers and Second‑hand Dealers Amendment Regulations (No. 3) 2014	8 Jan 2015 p. 151‑2	r. 1 and 2: 8 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and Gazette 17 Apr 2015 p. 1371)
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2015	2 Jun 2015 p. 1948‑52	r. 1 and 2: 2 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 3	14 Jun 2016 p. 1826-33	1 Jul 2016 (see r. 2(b))
*Reprint 5: The Pawnbrokers and Second-hand Dealers Regulations 1996* as at 18 Nov 2016** (includes amendments listed above)
Police Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 3	27 Jun 2017 p. 3440‑8	1 Jul 2017 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 3	26 Jun 2018 p. 2392‑400	1 Jul 2018 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 3	21 Jun 2019 p. 2141‑50	1 Jul 2019 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2020 Pt. 3	SL 2020/82 19 Jun 2020	1 Jul 2020 (see r. 2(b))
Pawnbrokers and Second-hand Dealers Amendment Regulations 2020	SL 2020/147 1 Sep 2020	r. 1 and 2: 1 Sep 2020 (see r. 2(a)); r. 3 and 4: 2 Sep 2020 (see r. 2(c)); r. 5-10: 1 Dec 2020 (see r. 2(b))
Police Regulations Amendment (Procurement) Regulations 2020 Pt. 3	SL 2020/248 18 Dec 2020	1 Jun 2021 (see r. 2(b) and SL 2020/244 cl. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 3	SL 2021/106 29 Jun 2021	1 Jul 2021 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 3	SL 2022/65 3 Jun 2022	1 Jul 2022 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 3	SL 2023/74 16 Jun 2023	1 Jul 2023 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 3	SL 2024/94 12 Jun 2024	1 Jul 2024 (see r. 2(b))
Pawnbrokers and Second‑hand Dealers Amendment Regulations 2024	SL 2024/127 26 Jun 2024	r. 1 and 2: 26 Jun 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2024 (see r. 2(b))
Police Regulations Amendment (Fees and Charges) Regulations 2025 Pt. 2	SL 2025/86 11 Jun 2025	1 Jul 2025 (see r. 2(b))

Other notes

1 Formerly referred to the Liquor Licensing Regulations 1989 the citation of which was changed to the Liquor Control Regulations 1989 by the Liquor Licensing Amendment Regulations 2007 r. 4. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

commencement day 33(1)

current licence period 33(1)

financial body 3

new sale 5(2)

public utility 3

relevant day 33(1)

retailer 5(3)

retail shop 5(3)

section 3

State agency 3

telephone utility 3

traded goods 5(2)

transaction card 13A(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2025.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Pawnbrokers and Second-hand Dealers Act 1994

Pawnbrokers and Second-hand Dealers Regulations 1996

Western Australia

Pawnbrokers and Second-hand Dealers Regulations 1996

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — Prescribed matters for which Act or certain provisions of Act do not apply

Provisions prescribed for financial bodies (Act s. 4(3)) 3
Goods not to be treated as second-hand goods prescribed (Act s. 3(1) second-hand goods) 3
Act s. 38(a) does not apply to sales to minors (Act s. 4(3)) 5
Act s. 39 does not apply in some cases (Act s. 4(3)) 5
Amount prescribed (Act s. 59(2)(b)) 6
Act s. 61 does not apply to certain goods (Act s. 4(3)) 6

Part 3 — Matters prescribed for licence applications

Other means of proving applicant’s identity prescribed (Act s. 14(a)(iv)) 7
Other evidence to accompany applications prescribed (Act s. 14(f)) 7
Evidence to accompany renewal applications prescribed (Act s. 16) 8

Part 4 — Matters prescribed for verification of identity, records and provision of information

Means of verifying person’s identity prescribed (Act s. 39(b)) 10

13A. Transaction cards, form and issue of 14

Manner of keeping records prescribed (Act s. 45) 14
Information prescribed (Act s. 79) 15

Part 6 — Fees

Fees prescribed for applications for licences (Act s. 13(b)) 17
Fees prescribed for applications for renewal of licences (Act s. 15(1)(b)) 19
Refund of fees, when payable 22
Fee prescribed for inspecting register (Act s. 28(2)) 22

Part 7 — Prescribed offences and modified penalties

The Regulations operationalise a few recurring legal concepts from the Act and related statutes. These concepts are: identity verification and the 100‑point scheme (r 13); transaction cards and photographic records (r 13A); prescribed exceptions to the Act’s scope (rr 4-9); record‑keeping and numerical ordering (r 14); mandatory data reporting to the Commissioner and electronic transmission (r 15); fee bands tied to transaction volumes and refund mechanics (rr 28-31); and specified offences with set modified penalties (r 32).

Identity verification. Regulation 13 prescribes a points‑based identity verification system. To verify identity under section 39(b) of the Act, a dealer must achieve a total of at least 100 points by combining checks listed in the table in r 13(1). The table allocates 75 points to certain primary photo IDs such as Australian driver licences and passports (items 1A, 1B, 2A), and 40 or 25 points to other documentary or institutional records. Regulation 13(2) and (3) add two procedural constraints: at least one document must bear the person’s signature which the licensing agent must compare to a signature made in their presence (r 13(2)), and at least one document must show the person’s current residential address and have been issued within three months of verification (r 13(3)).

Transaction cards. Regulation 13A allows a pawnbroker or second‑hand dealer to take and retain a photograph, with the person’s consent, and to issue a transaction card meeting prescribed content and form requirements (photograph, full name, signature, date of birth, issue and expiry dates, identifying number, and Commissioner‑approved standard) for up to 12 months (r 13A(1)-(3)). Transaction cards are worth 75 points under r 13 Table item 1 when held and issued in accordance with r 13A(1).

Scope and prescribed exclusions. Regulations 4 and 5 narrow the application of selected Act provisions. Regulation 4 excludes financial bodies from the Act’s definition of “pawnbroker” for purposes of s 4(3). Regulation 5 lists numerous categories of goods that, even if worn or used, are not “second‑hand goods” for the Act, including clothing, furniture, kitchenware, white goods and many types of scrap and waste materials (r 5(1) Table). Regulations 6, 7 and 9 disapply particular Act sections (s 38(a), s 39, s 61) in particular factual circumstances, for example when goods are obtained from outside WA, at auctions licensed under the Auction Sales Act 1973, from a licensee, or from a State agency (rr 7(1), 9).

Records and reporting. Regulation 14 prescribes that all records required under sections 41 and 43 of the Act must be kept in numerical order by the distinguishing number recorded under those sections (r 14(1)-(2)). Regulation 15 prescribes that the Commissioner must be given the information referred to in s 41(a)-(f) for pawnbrokers and s 43(a)-(f) for second‑hand dealers, and sets the permitted transmission methods: a Commissioner‑approved electronic system is the primary route, with email as a contingency and a carve‑out for special circumstances (r 15(1)-(4)). Timing obligations require submission as soon as the information becomes available, or within 24 hours if using alternative methods (r 15(5)).

Fees and modified penalties. Part 6 provides tables of application and renewal fees, segmented by transaction volume bands and licence duration (rr 28-29). Regulation 30 governs refunds where licences are refused, issued for a shorter period than applied for, or where the licensed business ceases. Regulation 32 prescribes specific offences under the Act as suitable for modified penalties and fixes dollar amounts for those penalties.

Transitional measures. Regulation 33 contains transitional rules to ease implementation of the 2020 amendments, allowing certain pre‑commencement contracts or facsimile reporting arrangements to continue for specified periods.

Together, these concepts lock in a compliance structure that focuses on standardised identity assurance (the 100‑point check and photo cards), tight numerical records, near real‑time electronic reporting to a central regulator, and fee recovery from the regulated population scaled by reported transaction volumes.

Directly regulated persons. The Regulations apply to persons holding or applying for pawnbroker’s licences and second‑hand dealer’s licences under the Act. The licensing and reporting duties (rr 10-12, 13-15, 28-31) fall on licensees, licence applicants and in certain respects on third parties who supply evidence or endorsements. Licence applicants must provide identity documents and specified photos (rr 10-12), and licensees must maintain transactional records in a numerical order and provide information to the Commissioner (rr 14-15). The fee regime (Part 6) places a direct financial burden on applicants and licensees.

Persons selling or pawning goods. Individuals who bring goods to pawnbrokers or second‑hand dealers are affected in the way their identity is collected and verified. Vendors may be required to produce identity documents that meet the 100‑point threshold (r 13) or accept a transaction card where issued under r 13A. The Regulations require at least one document bearing a signature and one with a current residential address issued within three months (r 13(2)-(3)). These requirements increase the informational burden on transacting individuals.

Businesses and retailers. Retailers are indirectly affected by r 5(2) which addresses traded goods accepted by a retailer as part of the purchase price of new goods. The Regulation specifies conditions under which traded goods are not to be treated as second‑hand goods, which affects retailers’ obligations where they accept trade‑ins. The definition excludes pawnbrokers and second‑hand dealers from the “retailer” category for these purposes (r 5(3)).

Financial bodies and specified entities. Regulation 3 defines “financial body” and r 4 excludes financial bodies from certain definitions and provisions. This relieves authorised deposit‑taking institutions and registrable corporations from being treated as pawnbrokers for the specified purposes of s 4(3). State agencies are listed in r 3 and feature in exceptions (rr 7, 9) that exclude goods obtained from State agencies from certain Act provisions and reporting duties.

Commissioner, licensing officers and police. Decision and enforcement power is vested in the Commissioner and licensing officers for licensing, records inspection and fee administration (r 15 mandates submission to the Commissioner; rr 28-31 vest fee and refund mechanics in licensing decisions). The modified penalties table in r 32 includes offences involving police interaction (for example refusal to comply with a police request to inspect employee records r 37(3); refusing to open storage premises r 74(3)), indicating that the police exercise investigatory and enforcement roles in conjunction with licensing authority action under the Act.

Other regulators and public bodies. Several external statutory schemes and bodies are implicated. The Regulations reference the Banking Act 1959 (Commonwealth) and the Financial Sector (Collection of Data) Act 2001 for the “financial body” definition (r 3), the Auction Sales Act 1973 for auction exceptions (rr 7, 9), the Road Traffic (Administration) Act 2008 and Road Traffic (Vehicles) Regulations 2014 for vehicle definitions and accessory exclusions (r 5 Table item 12), the Charitable Collections Act 1946 for charities collecting goods (r 5 Table item 3), the Liquor Control Regulations 1989 and the Western Australian Photo Card Regulations 2014 for identification documents (r 13 Table), and the Procurement Act 2020 for the meaning of “State agency” (r 3). These cross‑references mean that entities governed primarily by other regulatory regimes will be affected only where they intersect with the specified exceptions and definitions in the Regulations.

Data custodians and technology providers. Because r 15(4) requires submission of prescribed information through an electronic system “approved by the Commissioner”, suppliers of electronic reporting systems, software integrators and data hosting providers will become part of the compliance chain. Licensees will need systems capable of generating and transmitting the specific data elements in the formats required by the Commissioner and to meet the timing obligations in r 15(5).

Who pays and who decides. Licence applicants and licensees bear the direct financial costs (application and renewal fees in rr 28-29, inspection fee r 31). The Commissioner and licensing officers decide on licensing outcomes, approve electronic reporting systems and set the practical standards for transaction card form and appearance (r 13A(2)). The police also exert a role in enforcing certain requirements reflected in the modified penalties table (r 32).

Duties imposed by the Regulations turn higher‑level Act duties into tangible tasks and timelines. Key duties include identity verification, record keeping, information reporting, fee payment and retention or marking of goods. Rights and procedural protections are limited and largely administrative: entitlement to fee refunds in specific circumstances (r 30), and transitional allowances where the 2020 amendments would otherwise disrupt pre‑existing practices (r 33).

Identity verification duties. Under r 13 a pawnbroker or second‑hand dealer must verify a person’s identity using a combination of checks that total at least 100 points. The dealer must ensure that at least one document bears the person’s signature and that the signature matches one made in the dealer’s presence (r 13(2)). At least one document must show the person’s current residential address and be issued within three months of verification (r 13(3)). These duties apply for the purposes of s 39(b) of the Act; the Regulations therefore operationalise that statutory verification duty.

Transaction card duties and options. Regulation 13A permits, but does not require, dealers to take and retain photographs and to issue transaction cards if the person agrees. The dealer must ensure the card meets content and Commissioner‑approved form requirements and that it is valid for no more than 12 months (r 13A(1)-(3)). Transaction cards, once issued in conformity with r 13A, can be used as part of the 100‑point verification scheme (r 13 Table item 1).

Record keeping duties. Regulation 14 prescribes the manner of keeping records created under sections 41 and 43 of the Act: pawnbrokers’ and second‑hand dealers’ records must be kept in numerical order according to the distinguishing number recorded in contracts (r 14(1)-(2)). The Regulations do not repeat the content of s 41 or s 43, but r 15(1) and (2) require that the Commissioner be given the information referred to in those sections (r 15). Offences for failing to make or keep records are listed with modified penalties in r 32 (for example, failing to ensure contract details are recorded, r 32 Table items 6 and 8).

Information reporting duties. Regulation 15(1)-(2) prescribes the information to be given to the Commissioner and ties it to s 41(a)-(f) and s 43(a)-(f). Regulation 15(4) requires use of an electronic system approved and notified by the Commissioner as the primary transmission method, with email permitted as a contingency when the system is unavailable, and a catch‑all for special circumstances. Regulation 15(5) imposes timing obligations: information provided via the approved system must be submitted “as soon as the information becomes available”; if via email or special circumstances, submission must be “as soon as practicable, but no later than 24 hours” after availability.

Fee and refund rights and duties. Applicants and licensees must pay the fees set in rr 28-29. The fee band depends on the estimated number of transactions for a new application (r 28(5)) or the actual number of transactions in the prior 12 months for renewals (r 29(5)). Regulation 30 creates rights to refund where a licensing officer declines to issue or renew a licence, issues a licence for a shorter period than applied for, or where the business ceases operation for reasons other than revocation or suspension. Practical entitlement is to the difference between paid fees and fees applicable to the shorter or remaining period.

Record and goods custody duties. The Regulations incorporate goods‑custody duties by reference to the Act and enforce non‑removal or off‑premises storage in relevant offences listed in r 32 (for example failing to ensure pawned goods are kept at the business or storage premises, r 32 Table item 13; failing to ensure second‑hand goods are kept at premises, item 17). The Regulations also prescribe marking goods with distinguishing numbers (r 32 item 10).

Modified penalty and enforcement rights. The Regulations identify offences suitable for modified penalties under s 90 of the Act and set monetary amounts for those penalties (r 32). This confers on regulators the option of issuing infringement-style penalties for specified breaches, providing licensing officers and enforcement agencies a streamlined compliance tool. The Regulations do not change the underlying criminal offences in the Act, but they do set the enforcement response available for a defined list of breaches.

Limited exemptions. The Regulations create rights to be treated outside certain Act provisions in specific circumstances. Examples include: financial bodies excluded from the definition of pawnbroker as it applies to s 4(3) (r 4), certain goods not treated as second‑hand goods (r 5), and s 38(a), s 39 and s 61 not applying in prescribed situations such as sales to minors (r 6) or goods obtained from outside WA or at licensed auctions (rr 7, 9). Those exclusions narrow duties for certain actors and transactions but do not eliminate other related obligations (for instance r 7(2) preserves the requirement under s 43(b) to record a party’s full name and current residential address).

Procedural rights and constraints. The Regulations give the licensing officer discretion over issuing licences for periods shorter than applied for (implied by r 30(2)) and set out documentary options for proving identity for licence applications (r 10). Renewal applications have a specific photographic requirement with an in‑person waiver if the applicant attends with their current licence and the licensing officer is satisfied the photos are current (r 12(2)). These provisions create a combination of prescriptive duties and defined procedural flexibilities.

The Regulations allocate enforcement instruments and monetary values for a defined set of breaches, thereby shaping regulatory compliance options and enforcement priority.

Modified penalties. Regulation 32 lists 20 specific offences from the Act that are prescribed for the purposes of s 90(2) and assigns a modified penalty amount to each offence (r 32(1)-(2) and the Table). The modified penalties range from $100 to $300. Examples include: $300 for failing to ensure that pawnbroker and second‑hand dealer contract details are recorded (items 6 and 8), $200 for failing to ascertain a person’s identity or for selling to a person apparently affected by alcohol or drugs (items 5 and 4), $100 for failing to display a sign or charging a fee for making an application to enter into contract (items 2 and 18), and $300 for failing to give prescribed information to the Commissioner (item 20). This table specifies which breaches are considered suitable for a civil‑style infringement resolution rather than necessarily pursuing court proceedings.

Criminal sanctions under the Act remain available. The Regulations do not repeal or alter the Act’s criminal offences; rather, r 32 prescribes which of those offences may attract a modified penalty under s 90(4) of the Act. Therefore, enforcement agencies retain the option to prosecute under the Act for breaches not dealt with through modified penalties or where circumstances warrant criminal proceedings.

Licensing officer and Commissioner enforcement roles. The Commissioner and licensing officers are central to enforcement and to administering rectification and remedial measures. The Regulations refer repeatedly to information being “given to the Commissioner” (r 15), to Commissioner‑approved electronic systems (r 15(4)(a)) and to a licensing officer’s role in identity verification and licensing decisions (rr 10-12). The licensing officer has discretion in assessing the sufficiency of photographs at renewal (r 12(2)). Regulation 30 provides for refunds when a licensing officer declines to issue or renew a licence, indicating a point where a licensing decision triggers monetary restitution.

Police powers intersect with enforcement. The modified penalties table includes offences connected with police activity such as refusing or failing to comply with a police request to inspect employee records (Act s 37(3), r 32 item 3) and refusing or failing to comply with a police requirement to open storage premises (Act s 74(3), r 32 item 19). Those inclusions indicate an enforcement architecture that integrates police investigatory power with regulatory compliance mechanisms. The Regulations themselves do not set out police powers but incorporate offences that relate to police actions under the Act.

Administrative sanctions via licensing. The Act confers powers to suspend or revoke licences; the Regulations influence these administrative consequences indirectly through record, reporting and fee requirements, and explicitly through r 30 which addresses refunds where licences are not issued or are issued for shorter periods. The transitional provision r 33(6)(b) indicates that actions taken under s 27(3) of the Act before a relevant date can terminate transitional allowances, showing how licensing actions interact with regulatory transitions.

Practical enforcement mechanics. The Regulations require near real‑time reporting to the Commissioner (r 15(5)) and numerical ordering of records (r 14), which together enable more efficient inspection and cross‑checking by enforcement agencies. The Commissioner’s approval and notification of electronic systems (r 15(4)(a)(i)-(ii)) centralises data intake and likely supports regulatory monitoring and automated compliance checks. Failure to meet the reporting and record requirements is directly captured by prescribed modified penalties (r 32, items 6, 8 and 20).

Limits and scope of penalties. The modified penalties provide a capped, administratively efficient enforcement tool for a subset of breaches. The Regulations do not prescribe further penalty enhancements for repeated breaches; any escalation back to court prosecution would use the Act’s criminal route. The presence of refund rights (r 30) is a remedial, non‑punitive mechanism that balances enforcement with procedural fairness where licensing decisions affect fees.

The Regulations are interlinked with multiple Commonwealth and State statutes by definition cross‑references, functional exemptions and procedural dependencies. Those linkages determine how a licensee’s compliance obligations are measured and where obligations are displaced or supplemented by other regimes.

Key statutory cross‑references. The definition of “financial body” in r 3 expressly imports the Commonwealth Banking Act 1959 s 5(1) definition of an authorised deposit‑taking institution and the Financial Sector (Collection of Data) Act 2001 s 7 definition of registrable corporation. Regulation 3 also imports the meaning of “State agency” from the Procurement Act 2020 s 5(1) and refers to the Road Traffic (Administration) Act 2008 and Road Traffic (Vehicles) Regulations 2014 to define motor vehicles for r 5 Table item 12. The Liquor Control Regulations 1989 and the Western Australian Photo Card Regulations 2014 are imported for proof‑of‑age and photo card documents (r 13 Table items 1C and 2A). The Auction Sales Act 1973 is invoked in rr 7 and 9 to create auction‑related exceptions.

How definitions shape scope. By importing definitions from these statutes, the Regulations either relieve certain entities from particular Act duties or create carve‑outs for specific transaction types. For example, r 4 excludes financial bodies from the Act’s pawnbroker definition for the purposes of s 4(3), thereby reducing regulatory overlap with banking and financial sector law. The auction and State agency exceptions in rr 7 and 9 mean goods sourced through those channels may not attract the verification and reporting obligations of the Act and Regulations.

Interplay with charity and retail rules. Regulation 5(1) Table item 3 excludes goods collected for charitable purposes within the meaning of the Charitable Collections Act 1946 where collectors act under a relevant licence. Regulation 5(2) creates an exclusion for trade‑in goods accepted by retailers, but expressly excludes pawnbrokers and second‑hand dealers from the “retailer” definition for this purpose (r 5(3)). These provisions allocate compliance duties between charities, retail businesses and the pawnbroker/second‑hand dealer regulatory framework.

Record and data interactions with electoral, utility and corporate records. Regulation 13 Table uses records held by State agencies, public utilities, telephone utilities, landlords and insurance companies as lower‑weight identity checks (25 points) and refers to the Australian electoral roll, the Electoral Act 1907 register of electors and similar registers of other jurisdictions (r 13 Table items 14-21, 15). Thus, identity verification under the Regulations is deliberately designed to interact with a broad array of public and private records maintained under other statutes.

Electronic reporting and other regulatory regimes. Regulation 15 mandates that information be submitted to the Commissioner through an approved electronic system and sets turnaround expectations (r 15(4)-(5)). That centralised electronic intake will implicate data security, privacy and record retention obligations under other laws, including Commonwealth privacy law and state information‑management requirements. The Regulations do not spell out those external obligations; they specify only the route and timing for submission to the Commissioner.

Procurement Act and State agency exceptions. The Regulations refer to the Procurement Act 2020 for the definition of “State agency” (r 3) and make goods obtained from State agencies subject to particular exemptions from s 39 and s 61 (rr 7(1)(d), 9(b)). That creates a cross‑bound regulatory interface whereby public sector disposals are treated differently from private sector acquisitions for statutory compliance.

Road traffic and vehicle accessory exceptions. Regulation 5 Table item 12 specifies that motor vehicles are not second‑hand goods for the Act and excludes some accessories from that exclusion by reference to the Road Traffic (Vehicles) Regulations 2014 Part 10 Division 8. This integration ensures consistency with vehicle registration and road traffic rules.

Transitional interaction. Regulation 33 provides transitional treatment for arrangements in place before the Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 took effect, allowing certain transmission by facsimile and pre‑existing reporting patterns to continue temporarily. That transitional rule interacts with prior forms of data submission and the changeover to the Commissioner’s electronic system.

Practical cross‑compliance. Because the Regulations demand photographic identification, signature matching, electronic submission and retention of records, practitioners should be prepared to manage compliance with data protection, privacy and records‑management laws. While the Regulations themselves do not impose privacy rules, they establish data collection and transmission tasks that will intersect with other regimes. In summary, the Regulations do not operate in isolation; they rely on definitions and records from other statutes, create exemptions that align with other statutory systems, and make operational choices that implicate broader legal obligations.

The Regulations have been amended repeatedly since their commencement on 1 April 1996. The compilation table in the Regulations records the sequence of amending instruments, their publication dates and commencement arrangements. Key amendment milestones recorded in the compilation table and in the body of the Regulations are:

1996-2004 series. Early amendments between 1996 and 2004 adjusted fees, definitions and procedural details and produced reprints at 2 March 2001 and 13 January 2006 (compilation table entries).
28 July 2000 amendments. Extensive amendments published 28 July 2000 (Gazette p. 4018-26) inserted Part 7 heading and regulations such as r 13A for transaction cards. The r 13 Table has been amended on multiple occasions since.
2007-2016 periodic fee and operational amendments. The Regulations were subject to regular updates to fee schedules and operational details (2007, 2008, 2009, 2010, 2011, 2012, 2013, and 2014 amendments), reflected in revisions to rr 28-31 and r 13.
2014-2015 identity and photo card updates. Amendments in 2014 and 2015 included references to the Western Australian Photo Card Regulations 2014 (r 10 and r 13 Table items) and other identity documents.
2020 amendment package. The Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 (SL 2020/147) introduced changes with staggered commencements: r 1 and 2 commenced 1 September 2020, some provisions from 2 September 2020, and rr 5-10 commenced 1 December 2020 (compilation table). Those 2020 amendments included transitional r 33 and affected r 13, r 13A and r 15 among others. SL 2020/248 (Police Regulations Amendment (Procurement) Regulations 2020) made consequential changes, including the inclusion of a “State agency” definition sourced to the Procurement Act 2020.
2021-2025 fee updates. Annual Police Regulations Amendment (Fees and Charges) Regulations updated fees in rr 28-31 for 2021 through 2025. Recent entries include SL 2021/106, SL 2022/65, SL 2023/74, SL 2024/94 and SL 2025/86 with commencement dates generally effective 1 July in the relevant years for fee adjustments.
2024 technical amendments. SL 2024/127 (26 June 2024) made further amendments to r 13 and other provisions with a 1 July 2024 commencement for those regulations other than r 1 and r 2, per the compilation table. The r 13 table was amended as late as SL 2024/127 r 4.

The compilation table in the Regulations itself lists the titles, Gazette pages and commencement dates for each amending instrument. Where the Regulation text records that particular subregulations were deleted, reinserted or otherwise altered, the compilation table identifies the amendment instrument and date. For practitioners, the compilation table is the authoritative roadmap to the Regulations’ amendment history as compiled to 2025.

Practical consequences of amendment history. The frequent fee adjustments (annual in many years) mean that fee compliance requires checking the current consolidated Regulation or the Commissioner’s published fee schedule at the time of application or renewal. The 2020 amendments introduced both an electronic reporting regime and transitional provisions (r 33), which required licensees to adapt reporting channels and allowed limited continuance of pre‑existing facsimile arrangements in narrowly defined circumstances. The insertion of the transaction card provisions and the 100‑point verification scheme via r 13 and r 13A were significant operational milestones in the Regulations’ evolution.

Where to confirm current form. The Regulations themselves state in the notes that for provisions that have come into operation and for reprints and compilation updates, the compilation table should be consulted. Practitioners should therefore consult the most recent reprint or the official WA legislation website to confirm the current text and any further amendments after 2025.

The Regulations do not contain or record court decisions, and no cases are named in the instrument. The text provides no litigation history or judicial interpretation. Consequently, there is no litigation history listed within the Regulations themselves to ground doctrinal statements.

What the absence of litigation history in the instrument means in practice. The Regulations set out administrative rules and prescribed penalties and rely on enforcement mechanisms in the Act. Enforcement and interpretation of the Regulations will occur in the context of prosecutions, licensing hearings, administrative reviews, or civil enforcement under the Act. Any judicial authorities that interpret the Act or Regulations will be found in court decisions and are not reported in these Regulations. Practitioners requiring precedential guidance must research case law databases and tribunal decisions to find judgments that apply or construe the Act and Regulations.

Recommended litigation searches. To locate relevant judicial or tribunal decisions, search databases for cases that cite:

the Pawnbrokers and Second‑hand Dealers Act 1994 (WA) provisions referenced by the Regulations (for example sections 39, 41, 43, 79, 90);
the Regulations themselves, in particular r 13 (identity verification), r 13A (transaction cards), r 15 (reporting obligations), rr 28-29 (fees) and r 32 (modified penalties). Searches should cover Western Australian superior and lower courts, the State Administrative Tribunal (for licensing reviews), and any tribunal decisions that address licensing, modified penalties, or data reporting disputes. Also consider searching for police prosecution records where offences in r 32 have been enforced.

No decisions in the instrument. The Regulations’ lack of embedded litigation history is consistent with standard legislative drafting practice. It places the onus on practitioners to conduct independent case law research to understand how courts and tribunals have interpreted the identity verification rules, the sufficiency of documentary evidence under the 100‑point system, the validity of electronic reporting mechanisms, or the enforcement and procedural fairness of licensing officers’ decisions.

Where litigation might arise. Likely dispute themes include:

sufficiency of identity verification under the 100‑point scheme and contested matches of signatures (r 13(2)-(3));
challenges to modified penalty notices or prosecution strategies for offences listed in r 32;
disputes about Commissioner approval of electronic reporting systems and the adequacy of notifications under r 15(4);
disputes arising from fee banding calculations and refund entitlements under rr 28-30; and
procedural fairness or review challenges to licensing decisions, including decisions to issue a licence for a shorter period than applied for (r 30(2)).

Because no cases are named in the Regulations, practitioners should treat the Regulations as an administrative rulebook and verify the current state of judicial interpretation through independent legal research.

The Regulations contain several practical traps and non‑obvious compliance risks that frequently arise in operational contexts. The items below are drawn directly from the text and point to concrete implementation hazards.

Fee banding depends on applicant estimates for new licences but on actual transactions for renewals. For new licence applications, the number of transactions in a year is determined by the number estimated by the applicant as reasonably likely to occur at the premises in a 12 month period (r 28(5)). For renewals the number is the number of transactions that occurred in the prior 12 months (r 29(5)(a)). This difference creates a moment where deliberate or optimistic underestimation at the application stage could lead to an initial lower fee, while the renewal fee is tied to actual activity. The Regulations do not specify audit or verification steps for the initial estimate.
Strict photographic and endorsement rules for licence applications and renewals. Applications and renewals must be accompanied by three color photographs meeting size and content specifications and one must be endorsed by a person who has known the applicant for at least five years unless the applicant attends in person before the licensing officer with the current licence and the officer is satisfied that the photos are current (rr 11 and 12(1)-(2)). Failure to meet this procedure will risk refusal or delay of licence issuance or renewal.
Transaction cards are optional but limited in duration and dependent on consent. A dealer may take and retain a photograph and issue a transaction card if the person agrees (r 13A(1)). Transaction cards must be issued in a Commissioner‑approved form and cannot be issued for more than 12 months (r 13A(2)-(3)). The regulatory value of transaction cards is high: they count 75 points toward the 100‑point verification scheme (r 13 Table item 1). If a licensee relies on transaction cards but fails to meet form or expiry rules, the identity verification may be vulnerable.
The 100‑point system contains timing and signature constraints. At least one document used in verification must bear the person’s signature and the licensee must be satisfied it matches a signature done in the licensee’s presence (r 13(2)). Also at least one document must bear the current residential address and have been issued within three months (r 13(3)). These temporal constraints can catch out licensees who accept older documents or documents that lack current residential addresses.
Some common goods are expressly excluded from being “second‑hand goods”. Regulation 5 lists many everyday categories that are not treated as second‑hand goods even when used, including clothing, furniture, white goods, bottles, cans, scrap, and motor vehicles as defined by the Road Traffic (Administration) Act 2008 (r 5(1) Table). Licensees who treat these items as second‑hand goods under the Act could overcomply and waste resource, while those who incorrectly assume exclusions apply in more limited circumstances may undercomply.
Exemptions do not always remove all recording obligations. Regulation 7(2) preserves the requirement under s 43(b) to record the full name and current residential address of a party offering goods even where s 39 is disapplied under r 7(1). Practitioners must therefore be careful: the disapplication of one statutory duty does not necessarily relieve all related recording duties.
Electronic reporting is mandatory subject to limited contingencies. Regulation 15(4) makes the Commissioner‑approved electronic system the primary method for giving prescribed information, with email only as a temporary backup when the system is unavailable, and special circumstances exceptions only by Commissioner permission (r 15(4)(a)-(c)). Licensees who do not have compatible electronic workflows face compliance risk and must plan for the Commissioner’s system and its operational availability.
Tight reporting timelines. Information provided via the approved system must be submitted “as soon as the information becomes available” (r 15(5)(a)), and if using email or a special arrangement then no later than 24 hours after availability (r 15(5)(b)). Practically, this demands near real‑time data capture and transmission and residual risk if systems are down beyond temporary windows.
Modified penalties are modest but focused on record, marking and reporting breaches. The highest modified penalty in the table is $300 for failures to record contract details (r 32 items 6 and 8) and for failing to give prescribed information to the Commissioner (item 20). While the monetary amounts are not large, they are linked to the most compliance‑intensive duties, signalling enforcement priorities.
The passport/photo card/driver licence items are high value but have expiry constraints. The values attributed in the 100‑point table (r 13 Table) give 75 points to current Australian driver licences, passports not expired by more than two years, and current photo cards. However, passports must be current or not expired by more than two years (item 1B), and some alternate items only carry 25 or 40 points. Licensees relying on lower‑value documents must combine multiple checks to reach 100 points.
Transition traps for 2020 changes. Regulation 33 provides transitional arrangements for the 2020 Amendment Regulations, for example permitting certain pre‑commencement contracts to be reported under the prior regime (r 33(2)-(3)) and allowing specified licensees a temporary continuance of facsimile reporting (r 33(4)-(6)). Licensees should confirm whether their circumstances fall within transitional relief periods; these provisions also lapse at specified dates or upon licensing actions (r 33(6)).
Record order mandatory, not advisory. Regulation 14 requires records to be kept in numerical order according to the distinguishing number recorded under sections 41(a) and 43(a) (r 14(1)-(2)). This is a prescriptive format requirement suitable for inspection; ad hoc record organisation could attract enforcement.

These “gotchas” are operationally substantive and flow directly from the Regulations’ text. They should be incorporated into compliance checklists, training for staff who handle transactions, and in systems specifications for electronic reporting.

The Regulations prescribe concrete steps. Below is a practical compliance checklist mapped to the Regulations, with actions, responsible parties and timing.

Licensing applications and renewals (rr 10-12, 28-29)

Actions: Provide the specified identity evidence options listed in r 10, and supply three colour photographs per rr 11 and 12(1). Ensure one photograph is endorsed by a person who has known the applicant for at least five years unless the applicant attends in person with their current licence and the licensing officer accepts the photos (r 12(2)). Pay the correct application or renewal fee based on the appropriate transaction count calculation: estimate for new applications (r 28(5)); actual prior 12 months for renewals (r 29(5)).
Who: Applicant and licensing officer.
Timing: At application or renewal filing. Monitor fee variations and confirm current fees on the Commissioner’s guidance.

Implement the 100‑point identity verification regime (r 13)

Actions: Train staff to perform the checks in the r 13 Table and to calculate combinations totalling at least 100 points. Ensure at least one document bears the applicant’s signature and that the signature is matched against one produced in the licensee’s presence (r 13(2)). Ensure at least one supporting document shows current residential address and is issued within the last three months (r 13(3)). If relying on a transaction card issued under r 13A, ensure it meets the form and content requirements and has been issued by you within the last 12 months.
Who: Floor staff, managers, compliance officers.
Timing: Before entering into any contract or accepting goods where s 39 verification is required.

Transaction cards (r 13A)

Actions: If choosing to issue transaction cards, obtain the person’s consent for taking and retaining a photograph (r 13A(1)(a)). Ensure the card includes the required elements and conforms to a Commissioner‑approved standard (r 13A(2)). Set cards to expire within 12 months (r 13A(3)). Record issuance in your system so they can be presented as 75‑point ID under r 13 Table.
Who: Managers, IT systems.
Timing: At time of identity verification.

Records and distinguishing numbers (r 14; r 15 referencing s 41 and s 43)

Actions: Keep all records required under s 41 (pawnbrokers) and s 43 (second‑hand dealers) in strict numerical order by the distinguishing number recorded in contracts (r 14). Ensure entries capture the fields referred to in those sections and be prepared to supply them to the Commissioner as required by r 15.
Who: Record custodians, store managers.
Timing: Maintain continuously; organise records for efficient inspection.

Information reporting to the Commissioner (r 15)

Actions: Register for and implement the Commissioner‑approved electronic reporting system notified under r 15(4)(a). Where the system is unavailable, use the designated email address or seek Commissioner permission for alternative means under r 15(4)(b)-(c). Transmit required fields from s 41(a)-(f) or s 43(a)-(f) for each item in your possession, and do so “as soon as the information becomes available” (r 15(5)(a)) or, if using email/special circumstances, “as soon as practicable but no later than 24 hours” (r 15(5)(b)).
Who: IT, compliance officer, nominated reporting officer.
Timing: Near real‑time; implement failover protocols for system outages and log instances of unavailability.

Goods handling and marking (r 14; cross‑referenced Act duties)

Actions: Mark pawned and second‑hand goods with the contract distinguishing number and maintain chain‑of‑custody to ensure goods are stored at business or approved storage premises (the Risks for failing to do so appear in the modified penalties table, r 32). Ensure staff understand which goods are excluded from the Act (r 5 Table) and apply the appropriate handling and record rules.
Who: Store managers, staff, security.
Timing: Immediately on receipt of goods.

Financial controls: fees, refunds and fee band calculations (rr 28-31)

Actions: Calculate the correct application or renewal fee using the tables in rr 28 and 29. For new licences, use a conservative and documented estimate of the number of transactions (r 28(5)); for renewals, ensure records accurately compute the prior 12 months’ transactions (r 29(5)). Establish refund procedures aligned with r 30 and retain documentation to support refunds when licences are declined, issued for a shorter period, or the business ceases.
Who: Finance, licensing officer liaison.
Timing: At application, renewal and cessation stages.

Modified penalties and enforcement exposure (r 32)

Actions: Maintain compliance controls around the items targeted by modified penalties: contract recording (s 41, s 43), receipts and signatures (s 42, s 44), marking goods (s 47), reporting to the Commissioner (r 15), keeping goods on premises (s 51, s 62) and opening storage for police (s 74). Regular internal audits should map these obligations to staff responsibilities and inspection checklists.
Who: Compliance, legal counsel.
Timing: Regular audits and after any enforcement notice.

Transitional arrangements (r 33)

Actions: Identify any contracts entered into before the commencement day of the 2020 amendments where required information was not yet given; if so, the information may be given as if the 2020 rules had not come into operation (r 33(2)-(3)). If a licence holder had an election to provide information by facsimile before commencement, track whether that transitional arrangement continues and when it lapses (r 33(4)-(6)).
Who: Compliance and records teams.
Timing: Review transitional status immediately following regulatory changeovers.

Data protection and privacy alignment

Actions: Although not specified in the Regulations, the data collection, retention and electronic transmission duties (r 13A(1), r 15(4)) will intersect with privacy and data security laws and obligations. Establish data handling policies, retention schedules, access controls and incident response plans consistent with applicable privacy legislation and the Commissioner’s standards.
Who: Legal, IT, privacy officer.
Timing: Before collecting photographs or transmitting personal information.

Staff training and process documentation

Actions: Create standard operating procedures for identity verification (including sample combinations of documents to reach 100 points), transaction card issuance, record numbering and storage, goods marking, and electronic transmission. Train staff and document decision points where the licensing officer’s discretion may be required (r 12(2)).
Who: Training manager, compliance manager.
Timing: Ongoing, with refreshers and after any regulatory change.

Monitoring and legal liaison

Actions: Monitor further amendments to the Regulations and Act, the Commissioner’s notices about approved electronic systems and any guidance on approved transaction card forms. Engage legal counsel for ambiguous cases or where enforcement action is threatened.
Who: Compliance, legal counsel.
Timing: Continuous.

Following these steps will align a business with the express prescriptions of the Regulations. The emphasis in the Regulations on near real‑time electronic reporting, strict numerical record ordering, photographic and signature checks, and tightly specified fee mechanics requires investment in administrative systems, staff training and robust data controls.

Deep Dive

What it does

Current sections