32Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017

32 Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017 Section 19B(2) and (3) as inserted by section 22 of the **Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017** applies to scrap metal that consists of a motor vehicle if that scrap metal comes into the possession of the second-hand dealer after the commencement of section 22 of that Act. Sch. inserted by No. 44/1997 s. 52, amended by No. 37/2014 s. 10(Sch. item 150.7). Schedule ANY PERSON WHO BELIEVES THAT GOODS STOLEN FROM THEM ARE AVAILABLE FOR SALE ON THESE PREMISES IS NOT OBLIGED TO BUY THEM BUT MAY— (a) REQUEST VICTORIA POLICE TO SERVE A NOTICE PROHIBITING THE ALTERATION OR DISPOSAL OF THE GOODS FOR 21 DAYS; AND (b) SEEK AN ORDER FROM THE MAGISTRATES' COURT FOR DELIVERY OF THE GOODS. SEE SECTIONS 24 AND 26 OF THE **SECOND-HAND DEALERS AND PAWNBROKERS ACT 1989**. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 20 April 1989* *Legislative Council: 24 May 1989* The long title for the Bill for this Act was "A Bill to provide for the licensing and regulation of second-hand dealers and pawnbrokers and to facilitate and expedite the recovery of stolen goods from second-hand dealers and pawnbrokers; to repeal the **Second-hand Dealers Act 1958**, the **Pawnbrokers Act 1958** and the **Marine Stores and Old Metals Act 1958**; to amend the **Goods Act 1958**; to make other consequential amendments and repeals; and for other purposes.". The **Second-Hand Dealers and Pawnbrokers Act 1989** was assented to on 14 June 1989 and came into operation as follows: Section 35(6)(7) on 1 September 1990: section 2(2); rest of Act on 10 September 1990: Government Gazette 5 September 1990 page 2680. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Second-Hand Dealers and Pawnbrokers Act 1989** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Courts (Children's and Magistrates') Act 1990, No. 34/1990** | Assent Date: | 13.6.90 | | Commencement Date: | Ss 3–6, 7(1) on 1.9.90: Government Gazette 25.7.90 p. 2216; s. 7(2) on 16.5.89: s. 2(b); s. 7(4)(5) on 6.6.89: s. 2(c); s. 7(6)(7) on 14.6.89: s. 2(d); rest of Act on 13.6.90: s. 2(e) | | Current State: | All of Act in operation | **Consumer Credit (Victoria) Act 1995, No. 41/1995** | Assent Date: | 14.6.95 | | Commencement Date: | S. 62(Sch. 1 item 6) on 1.11.96: Government Gazette 29.8.96 p. 2274 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Firearms Act 1996, No. 66/1996** | Assent Date: | 17.12.96 | | Commencement Date: | S. 206 on 29.4.97: Government Gazette 24.4.97 p. 921 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Motor Car Traders (Amendment) Act 1996, No. 74/1996** | Assent Date: | 17.12.96 | | Commencement Date: | S. 54 on 1.3.97: Government Gazette 20.2.97 p. 374 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Law and Justice Legislation Amendment Act 1997, No. 44/1997** | Assent Date: | 11.6.97 | | Commencement Date: | Ss 36–52 on 1.1.98: s. 2(5) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** | Assent Date: | 2.6.98 | | Commencement Date: | Ss 248–264 on 1.7.98: Government Gazette 18.6.98 p. 1512 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fundraising Appeals Act 1998, No. 78/1998** | Assent Date: | 10.11.98 | | Commencement Date: | S. 73(2) on 1.7.99: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Licensing and Tribunal (Amendment) Act 1998, No. 101/1998** | Assent Date: | 1.12.98 | | Commencement Date: | Pt 6 (ss 12–15) on 1.2.99: Government Gazette 24.12.98 p. 3204 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999** | Assent Date: | 18.5.99 | | Commencement Date: | S. 46 on 1.9.99: Government Gazette 19.8.99 p. 1901 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Business Registration Acts (Amendment) Act 2000, No. 35/2000** | Assent Date: | 6.6.00 | | Commencement Date: | S. 51 on 19.6.00: Government Gazette 15.6.00 p. 1248 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Statute Law Amendment (Relationships) Act 2001, No. 27/2001** | Assent Date: | 12.6.01 | | Commencement Date: | S. 8(Sch. 6 item 7) on 28.6.01: Government Gazette 28.6.01 p. 1428 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Corporations (Consequential Amendments) Act 2001, No. 44/2001** | Assent Date: | 27.6.01 | | Commencement Date: | S. 3(Sch. item 101) on 15.7.01: s. 2 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Auction Sales (Repeal) Act 2001, No. 84/2001** | Assent Date: | 11.12.01 | | Commencement Date: | S. 12 on 1.1.03: s. 2(4) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Second-Hand Dealers and Pawnbrokers (Amendment) Act 2001, No. 93/2001** | Assent Date: | 11.12.01 | | Commencement Date: | Ss 4–30(2), 32–35, 39–42 on 8.4.02: Government Gazette 28.3.02 p. 552; ss 30(3), 31, 36–38 on 1.9.02: Government Gazette 18.7.02 p. 1658 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fair Trading (Further Amendment) Act 2003, No. 106/2003** | Assent Date: | 9.12.03 | | Commencement Date: | S. 28 on 10.12.03: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Monetary Units Act 2004, No. 10/2004** | Assent Date: | 11.5.04 | | Commencement Date: | S. 15(Sch. 1 item 26) on 1.7.04: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004** | Assent Date: | 21.12.04 | | Commencement Date: | Ss 72, 73 on 22.12.04: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 180) on 5.4.05: Government Gazette 31.3.05 p. 602 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006** | Assent Date: | 13.6.06 | | Commencement Date: | S. 94(Sch. item 44) on 1.7.06: Government Gazette 29.6.06 p. 1315 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Justice Legislation (Further Amendment) Act 2006, No. 79/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 83 on 11.10.06: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007** | Assent Date: | 29.5.07 | | Commencement Date: | S. 36(Sch. item 14) on 30.5.07: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008** | Assent Date: | 11.2.08 | | Commencement Date: | S. 60(Sch. item 13) on 12.2.08: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Motor Car Traders Amendment Act 2008, No. 4/2008** | Assent Date: | 4.3.08 | | Commencement Date: | S. 32(Sch. item 30) on 1.12.08: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Relationships Act 2008, No. 12/2008** | Assent Date: | 15.4.08 | | Commencement Date: | S. 73(1)(Sch. 1 item 55) on 1.12.08: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Prostitution Control and Other Matters Amendment Act 2008, No. 82/2008** | Assent Date: | 11.12.08 | | Commencement Date: | Ss 20, 21 on 12.12.08: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009** | Assent Date: | 10.2.09 | | Commencement Date: | S. 24 on 11.2.09: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 108) on 1.1.10: Government Gazette 10.12.09 p. 3215 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Consumer Affairs Legislation Amendment Act 2010, No. 1/2010** | Assent Date: | 9.2.10 | | Commencement Date: | S. 100 on 1.8.10: Government Gazette 22.7.10 p. 1628 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010** | Assent Date: | 19.10.10 | | Commencement Date: | S. 48(Sch. item 22) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Subordinate Legislation Amendment Act 2010, No. 78/2010** | Assent Date: | 19.10.10 | | Commencement Date: | S. 24(Sch. item 26) on 1.1.11: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Australian Consumer Law and Fair Trading Act 2012, No. 21/2012** | Assent Date: | 8.5.12 | | Commencement Date: | S. 239(Sch. 6 item 41) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | *Assent Date:* | 3.6.14 | | *Commencement Date:* | S. 10(Sch. item 150) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | *Current State:* | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Veterans and Other Acts Amendment Act 2015, No. 12/2015** | Assent Date: | 21.4.15 | | Commencement Date: | S. 21(Sch. 1 item 10) on 22.4.15: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016** | Assent Date: | 10.5.16 | | Commencement Date: | S. 44 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1 | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Consumer Acts Amendment Act 2017, No. 13/2017** | Assent Date: | 10.5.17 | | Commencement Date: | S. 22 on 11.5.17: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017** | Assent Date: | 26.9.17 | | Commencement Date: | Ss 20–27 on 30.5.18: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 114) on 1.3.19: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019** | Assent Date: | 13.3.19 | | Commencement Date: | Ss 23–27 on 1.12.19: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | **Guardianship and Administration Act 2019, No. 13/2019** | Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 45) on 1.3.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Second-Hand Dealers and Pawnbrokers Act 1989** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This version does not contain amendments that are not yet in operation. 4 Explanatory details No entries at date of publication.