sec.6Acting as licensee

### sec.6 Acting as licensee A person must not carry on a business of dealing in second-hand property or act as a market operator unless the person is a second-hand dealer. Maximum penalty—200 penalty units. However, the following persons do not contravene subsection (1) — a pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act; a chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person’s licence or registration certificate under that Act; a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person’s licence under that Act; a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others; a person dealing in second-hand property for a charity registered under the Collections Act 1966 ; a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ; a local government; an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; a company registered under the Life Insurance Act 1995 (Cwlth) ; a trustee company under the Trustee Companies Act 1968 . A person must not carry on a business of advancing, on interest or in expectation of profit or reward, an amount on the principal or collateral security of property taken by the person as a pawn unless the person is a pawnbroker. Maximum penalty—200 penalty units. However, the following persons making advances in the ordinary course of banking or mercantile transactions on the security of property taken as a pawn do not contravene subsection (3) — a chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014 ; an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; a broker, commission agent or merchant. s 6 amd 2014 No. 20 s 238 sch 3 pt 2 (sec.6-ssec.1) A person must not carry on a business of dealing in second-hand property or act as a market operator unless the person is a second-hand dealer. Maximum penalty—200 penalty units. (sec.6-ssec.2) However, the following persons do not contravene subsection (1) — a pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act; a chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person’s licence or registration certificate under that Act; a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person’s licence under that Act; a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others; a person dealing in second-hand property for a charity registered under the Collections Act 1966 ; a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ; a local government; an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; a company registered under the Life Insurance Act 1995 (Cwlth) ; a trustee company under the Trustee Companies Act 1968 . (sec.6-ssec.3) A person must not carry on a business of advancing, on interest or in expectation of profit or reward, an amount on the principal or collateral security of property taken by the person as a pawn unless the person is a pawnbroker. Maximum penalty—200 penalty units. (sec.6-ssec.4) However, the following persons making advances in the ordinary course of banking or mercantile transactions on the security of property taken as a pawn do not contravene subsection (3) — a chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014 ; an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; a broker, commission agent or merchant. - (a) a pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act; - (b) a chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person’s licence or registration certificate under that Act; - (c) a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person’s licence under that Act; - (d) a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others; - (e) a person dealing in second-hand property for a charity registered under the Collections Act 1966 ; - (f) a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ; - (g) a local government; - (h) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; - (i) a company registered under the Life Insurance Act 1995 (Cwlth) ; - (j) a trustee company under the Trustee Companies Act 1968 . - (a) a chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014 ; - (b) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; - (c) a broker, commission agent or merchant.