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Second-Hand Dealers and Pawnbrokers Act 1989
25Police powers generally
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25 Police powers generally
S. 25(1) substituted by No. 44/1997
s. 44, amended by No. 37/2014 s. 10(Sch. item 150.2).
(1) A police officer may, without warrant, enter business premises or storage premises occupied by or under the control of a second-hand dealer or pawnbroker at any time when the business premises are open and may inspect the premises or any goods at the premises.
S. 25(1A) inserted by No. 45/2017 s. 24.
(1A) In addition to subsection (1), a police officer may, without warrant, enter business premises or storage premises occupied by or under the control of a second-hand dealer and may inspect the premises or any goods at the premises, when—
(a) a business of dealing in scrap metal is being carried on at the premises; or
(b) the police officer reasonably believes that a business of dealing in scrap metal is being carried on at the premises.
S. 25(2) amended by No. 37/2014 s. 10(Sch. item 150.2).
(2) A police officer may require a second-hand dealer or pawnbroker to produce—
(a) any goods in the possession or under the control of the second-hand dealer or pawnbroker; or
S. 25(2)(b) amended by No. 93/2001 s. 34.
(b) his or her certificate of registration under this Act; or
(c) any records kept by the second-hand dealer or pawnbroker pursuant to this Act.
S. 25(2A) inserted by No. 82/2008 s. 21(1), amended by No. 37/2014 s. 10(Sch. item 150.2).
(2A) Without limiting subsection (2), if a document required to be produced under subsection (2)(c) is or is part of a transaction record kept under section 20 in an electronically readable form, a police officer may require the document to be provided in a readily accessible form—
(a) electronically; or
(b) in a paper form produced from a computer.
S. 25(2B) inserted by No. 82/2008 s. 21(1), amended by No. 37/2014 s. 10(Sch. item 150.2).
(2B) If a person produces a document referred to in subsection (2A), the person must also provide the police officer with a prescribed statement verifying that the document provided is a true record of the transaction record at the date of the statement.
S. 25(3) amended by No. 82/2008 s. 21(2).
(3) A second-hand dealer or pawnbroker must not refuse or fail to comply with such a requirement.
(4) In this section—
***premises*** includes a stall or storage area at a market.