Second-Hand Dealers and Pawnbrokers (General, Exemption and Record-Keeping) Regulations 2018
1Second-Hand Dealers and Pawnbrokers (General, Exemption and Record-Keeping) Regulations 2018
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17 Second-hand goods purchased at auction or imported 16
18 Second-hand goods received at alternative premises 17
19 Identifying mark or number 17
20 Pawn ticket and notice 17
21 Lost pawn ticket 18
22 Period of loan 19
23 Redemption of goods 19
24 Sale of unredeemed goods 19
Part 5—Enforcement 21
25 Embargo notice 21
26 Infringement offences and infringement penalties 21
27 Verifying statement 23
Schedule 1 24
Schedule 2 25
Schedule 3 26
Schedule 4 29
Schedule 5 31
Schedule 6 33
═════════════
Endnotes 34
1 General information 34
2 Table of Amendments 36
3 Amendments Not in Operation 37
4 Explanatory details 38
Version No.001
Second-Hand Dealers and Pawnbrokers (General, Exemption and Record-Keeping) Regulations 2018
S.R. No. 64/2018
Version as at
30 May 2018
Part 1—Preliminary
1 Objectives
The main objectives of these Regulations are to prescribe—
(a) things that are not scrap metal for the purposes of the Second-Hand Dealers and Pawnbrokers Act 1989; and
(b) the exemption of certain persons and goods from the application of the whole or certain provisions of the Second‑Hand Dealers and Pawnbrokers Act 1989; and
(c) the particulars to be recorded in the register of second-hand dealers; and
(d) categories of documents as to identity; and
(e) record-keeping requirements; and
(f) forms; and
(g) the manner of disposal by pawnbrokers of unredeemed goods; and
(h) offences in respect of which an infringement notice may be issued.
2 Authorising provision
These Regulations are made under section 31 of the Second-Hand Dealers and Pawnbrokers Act 1989.
3 Commencement
These Regulations come into operation on 30 May 2018*.*
4 Revocations
The following Regulations are revoked—
(a) Regulations 1(b) to (g) and 7, Parts 3 and 4 of, and Schedules 2 to 6 to, the Second‑Hand Dealers and Pawnbrokers Regulations 2008[1];
(b) the Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008[2];
(c) the Second-Hand Dealers and Pawnbrokers Amendment Regulations 2009[3];
(d) the Second-Hand Dealers and Pawnbrokers (Exemption) Amendment Regulations 2011[4];
(e) the Second-Hand Dealers and Pawnbrokers Amendment (Infringements) Regulations 2012[5];
(f) the Second-Hand Dealers and Pawnbrokers (Exemption) Amendment Regulations 2016[6].
5 Definition
In these Regulations—
the Act means the Second-Hand Dealers and Pawnbrokers Act 1989.
Part 2—Exemptions
6 Things that are prescribed to not be scrap metal
For the purposes of the definition of scrap metal in section 3(1) of the Act, any thing that contains more than 2 per cent by weight of gold or silver or 80 per cent by weight of copper is prescribed to not be scrap metal.
7 Circumstances in which second-hand dealers are exempt
(1) A second-hand dealer is exempted from the application of the whole of the Act—
(a) when carrying on business exclusively for or on behalf of any charitable, benevolent or philanthropic organisation; or
(b) when carrying on business at any event known as an antique fair which is conducted exclusively for or on behalf of any charitable, benevolent or philanthropic organisation.
(2) A second-hand dealer is exempted from the application of section 19 of the Act if the person attempting to sell the second-hand goods to the second-hand dealer previously purchased those goods from the second-hand dealer.
(3) A second-hand dealer is exempted from the application of section 19(1) of the Act if—
(a) the second-hand dealer arranges by means of electronic communication to purchase second-hand goods from a person; and
(b) the second-hand dealer requires the person to provide evidence as to the person's identity by means of a copy of a document—
(i) referred to in section 19 of the Act; or
(ii) that is in a category prescribed in regulation 12.
(4) A second-hand dealer is exempted from the application of section 19(1) of the Act if—
(a) the person who the second-hand dealer purchases goods from is a body corporate; and
(b) the second-hand dealer requires the person to provide evidence of the person's identity by means of a certificate of registration or incorporation.
(5) A second-hand dealer is exempted from the application of section 5 of the Act until 1 September 2018 if the second-hand dealer deals exclusively in scrap metal.
8 Circumstances in which certain financial institutions are exempt
(1) Section 3(2) of the Act does not apply to goods received by—
(a) a financial sector entity within the meaning of the Financial Sector (Collection of Data) Act 2001 of the Commonwealth; or
(b) an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or
(c) a bank constituted under the law of the Commonwealth or of a State or a Territory.
(2) The Act does not apply to goods sold by a financial institution referred to in subregulation (1)(a), (b) or (c) in the course of, or ancillary to, the carrying on of its business—
(a) that have become second-hand goods by reason of being used in the course of a rental business conducted by the financial institution; or
(b) that are sold by the financial institution for the purpose of enforcing securities over those goods.
9 Specified exempt persons
(1) Savers Australia Pty Ltd ACN 116 995 594 is exempted from the application of Part 2 and sections 19, 20 and 21 of the Act.
(2) AKN Pty Ltd ACN 120 745 851 is exempted from the application of the whole of the Act.
(3) WWBG Pty Ltd ACN 143 185 175 is exempted from the application of section 19 of the Act.
(4) IBM Australia Ltd ACN 000 024 733 is exempted from the application of—
(a) sections 19 and 20 of the Act in circumstances where IBM Australia Pty Ltd acquires second-hand goods from a related body corporate within the meaning of the Corporations Act;
and
(b) section 21(1) of the Act.
10 Exempt goods
(1) Second-hand goods that are of a class specified in an item in Schedule 1 are exempt from the application of the whole of the Act.
(2) Goods that have become second-hand goods by reason of being used in the course of a rental business conducted by the second-hand dealer are exempt from the application of the whole of the Act.
(3) Second-hand goods are exempt from the application of section 19(1) of the Act if—
(a) the price paid for each of the goods by the second-hand dealer does not exceed $100; and
(b) each of the goods is an item of furniture of a kind that may include the following—
(i) a table;
(ii) a desk;
(iii) a chair;
(iv) a sofa;
(v) a bedframe;
(vi) a mattress;
(vii) a cabinet;
(viii) a cupboard;
(ix) a wardrobe;
(x) a chest of drawers;
(xi) a chifferobe;
(xii) a unit of shelves;
(xiii) a crib;
(xiv) a bassinet;
(xv) a rack;
(xvi) a valet stand.
(4) The following second-hand goods are exempt from the application of section 21(1) of the Act—
(a) an engine constructed for use as a motor tractor;
(b) a motor vehicle constructed so that its engine is used to drive or operate an agricultural, construction or earthmoving implement forming an integral part of the motor vehicle;
(c) a motor vehicle aged more than 15 years from the date of manufacture if—
(i) the motor vehicle has been acquired for the purpose of demolishing or dismantling; and
(ii) the second-hand dealer records and retains the results of a vehicle registration search verifying that the motor vehicle is not reported as stolen; and
(iii) the second-hand dealer records and retains photographic evidence of the motor vehicle that shows its vehicle identifier or, if the vehicle identifier cannot be clearly photographed, any other identifying mark or number;
(d) a motor vehicle aged not more than 15 years from the date of manufacture if—
(i) the motor vehicle is entered on the register of written-off vehicles as a statutory write-off in accordance with Division 3 of Part 2 of the Road Safety Act 1986; and
(ii) the second-hand dealer records and retains the results of a vehicle registration search verifying that the motor vehicle is not reported as stolen; and
(iii) the second-hand dealer records and retains photographic evidence of the motor vehicle that shows its vehicle identifier or, if the vehicle identifier cannot be clearly photographed, any other identifying mark or number;
(e) any thing that is prescribed to not be scrap metal as a result of containing copper if the second-hand dealer records and retains photographic evidence of the thing, including any identifying marks;
(f) scrap metal;
(g) goods that have been purchased from a registered second-hand dealer in circumstances where the registered second‑hand dealer has already complied with section 21(1) of the Act.
Part 3—Registration
11 Register
For the purposes of section 13(1) of the Act, the following particulars are prescribed—
(a) registration number issued by the Authority;
(b) name and business name of the person;
(c) the date of the grant of the registration or the date of any suspension of the registration;
(d) registration conditions;
(e) address and telephone number of each premises from which the person carries on business;
(f) if the person is a registered corporation—
(i) the name of each director; and
(ii) the date of appointment of each director; and
(iii) the date of cessation of appointment of each director;
(g) an Australian Business Number (if any) held by the person;
(h) the address of any Internet site maintained by the person for the purposes of carrying on a business as a second-hand dealer or pawnbroker.
Part 4—Conduct of business
12 Prescribed categories of evidence as to identity—persons selling or pawning goods
For the purposes of section 19(1) of the Act, the following categories of documents are prescribed categories—
(a) a birth certificate;
(b) a certificate of Australian citizenship;
(c) a marriage certificate;
(d) the following cards issued by or on behalf of a Commonwealth Government Department—
(i) a Commonwealth seniors health card;
(ii) a health care card;
(iii) a pensioner concession card;
(e) any other card issued by or on behalf of a Commonwealth Government Department that certifies entitlement to Commonwealth health concessions;
(f) an identification card issued by a tertiary educational institution;
(g) a licence issued under the Firearms Act 1996.
13 Form of record of transactions
For the purposes of section 20 of the Act, a second-hand dealer or pawnbroker must keep records of transactions in—
(a) a bound record book; or
(b) a computerised record-keeping system.
14 Recording transactions—second-hand goods
(1) For the purposes of section 20(1) of the Act, a second-hand dealer must record in the bound record book or computerised record-keeping system, during or immediately after every transaction in which the second-hand dealer receives second-hand goods (excluding scrap metal), the following information—
(a) an accurate description of the goods received, including a description of any identifying mark or label on the goods;
(b) the identifying mark or number assigned by the second-hand dealer to the goods;
(c) the full name and address of the person from whom the goods were received;
(d) details of identification provided by that person;
(e) the date and time the goods were received;
(f) the price, if any, paid for the goods;
(g) if applicable, the name of the person acting on behalf of the second-hand dealer in the transaction.
(2) If a second-hand dealer receives second-hand goods (excluding scrap metal) in a lot or parcel at the same time—
(a) in circumstances where the value of each item in the lot or parcel is less than $100, subregulation (1) is satisfied if the lot or parcel is described in one entry in the record book or the computerised record-keeping system; and
(b) in circumstances where the value of an item in the lot or parcel is $100 or more, the second-hand dealer—
(i) must enter a record of that item in the record book or onto the computerised record-keeping system in accordance with subregulation (1); and
(ii) may record the remainder of the lot or parcel in accordance with subregulation (2)(a).
15 Recording transactions—scrap metal
(1) For the purposes of section 20(2) of the Act, a second-hand dealer must record in the bound record book or computerised record-keeping system, during or immediately after every transaction in which the second-hand dealer receives scrap metal, the following information—
(a) an accurate description of the scrap metal and its quantity or weight (or both if applicable);
(b) if the scrap metal consists of a motor vehicle, the vehicle identifier;
(c) the full name and address of the person from whom the scrap metal was received;
(d) details of identification provided by that person;
(e) the date and time the scrap metal was received;
(f) a clear and legible copy of the cheque or electronic transfer receipt relating to the transaction;
(g) if applicable, the name of the person acting on behalf of the second-hand dealer in the transaction.
(2) If a second-hand dealer receives scrap metal in a lot or parcel at the same time—
(a) in circumstances where the value of each item in the lot or parcel is less than $100, subregulation (1) is satisfied if the lot or parcel is described in one entry in the record book or the computerised record-keeping system; and
(b) in circumstances where the value of an item in the lot or parcel is $100 or more, the second-hand dealer—
(i) must enter a record of that item in the record book or the computerised record-keeping system in accordance with subregulation (1); and
(ii) may record the remainder of the lot or parcel in accordance with subregulation (2)(a).
(3) For the purposes of section 20(2) of the Act, a second-hand dealer must record in the bound record book or computerised record-keeping system, during or immediately after every transaction in which the second-hand dealer disposes of scrap metal, the following information—
(a) an accurate description of the scrap metal and its quantity or weight (or both if applicable);
(b) if the scrap metal consists of a motor vehicle, the vehicle identifier;
(c) the full name and address of any person to whom the scrap metal was sold;
(d) the date, time, method and location of disposal;
(e) a clear and legible copy of the cheque or electronic transfer receipt relating to the transaction;
(f) if applicable, the name of the person acting on behalf of the second-hand dealer in the transaction;
(g) if the scrap metal is removed from the second-hand dealer's premises by shipping container—
(i) the name of the shipping company; and
(ii) the overseas port which is the intended destination of the shipping container; and
(iii) any number or other identifying information displayed on the shipping container.
(4) If a second-hand dealer disposes of scrap metal in a lot or parcel at the same time—
(a) in circumstances where the value of each item in the lot or parcel is less than $100, subregulation (3) is satisfied if the lot or parcel is described in one entry in the record book or the computerised record-keeping system; and
(b) in circumstances where the value of an item in the lot or parcel is $100 or more, the second-hand dealer—
(i) must enter a record of that item in the record book or the computerised record-keeping system in accordance with subregulation (3); and
(ii) may record the remainder of the lot or parcel in accordance with paragraph (a).
A pawnbroker must record in the bound record book or the computerised record-keeping system, during or immediately after every transaction, the following information in respect of each transaction—
(a) the number of the transaction (corresponding with the number of the pawn ticket issued);
(b) an accurate description of the second-hand goods pawned, including a description of any identifying mark or label on the goods;
(c) the full name and address of the person from whom the goods were received;
(d) details of identification provided by that person;
(e) the address to which notices to the person from whom the goods are received are to be sent;
(f) if the person from whom the goods are received requests an alternative address for the service of notices, that address;
(g) the date on which the goods are pawned;
(h) the amount of any money advanced on the security of goods received in pawn;
(i) the charge imposed on the pawn transaction;
(j) the amount and date of every payment to the pawnbroker as part or full payment of a loan;
(k) the period of any loan made by the pawnbroker;
(l) if the pawned goods are redeemed, the date of the redemption;
(m) if the pawned goods are not redeemed—
(i) the date of any sale of the goods, the price paid and the reasonable costs of sale; or
(ii) if the goods are not sold, the manner in which the goods are disposed of.
17 Second-hand goods purchased at auction or imported
(1) If a second-hand dealer buys second-hand goods (excluding scrap metal) at auction, regulation 14 is satisfied if the second-hand dealer—
(a) obtains a receipt signed by the auctioneer containing the following information—
(i) an accurate description of the goods received, including a description of any identifying mark or label on the goods;
(ii) the identifying mark or number assigned by the second-hand dealer to the goods;
(iii) the full name and business address of the auctioneer who conducted the auction;
(iv) the date on which the goods were received by the second-hand dealer;
(v) the price paid for the goods at auction;
(vi) if applicable, the name of the person acting on behalf of the second-hand dealer in the transaction; and
(b) enters in the record book or computerised record-keeping system a reference to identify the receipt.
(2) For the purposes of subregulation (1)(a), a receipt may be obtained by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(3) If a second-hand dealer imports second-hand goods (excluding scrap metal) from outside Australia, regulation 14 is satisfied if the second‑hand dealer—
(a) keeps the documents of consignment and customs documents relating to the goods; and
(b) enters in the record book or computerised record-keeping system a reference to identify those documents.
18 Second-hand goods received at alternative premises
If a second-hand dealer or pawnbroker receives second-hand goods or pawned goods at any premises other than those notified to the Authority, the second-hand dealer or pawnbroker must record the transaction in the bound record book or computerised record-keeping system as soon as practicable after the transaction.
19 Identifying mark or number
A second-hand dealer must ensure that the identifying mark or number assigned to second‑hand goods received by the dealer remains affixed to the goods at all times until the goods are sold or otherwise disposed of by the second-hand dealer.
20 penalty units.
20 Pawn ticket and notice
(1) A pawn ticket issued by a pawnbroker under section 23(3)(a) of the Act must contain the particulars listed in Schedule 2.
(2) A notice under section 23(3)(b) of the Act must be in the form set out in Schedule 3 and—
(a) the heading to the form and the headings "In brief", "For further information" and "In more detail" must be printed in bold type and in a font size not less than 14 points; and
(b) the words between "In brief" and "For further information" must be printed in bold type and in a font size not less than 12 points; and
(c) all other headings must be printed in bold type and in a font size not less than 12 points; and
(d) the remainder of the form must be printed in a font size not less than 12 points.
(3) A pawnbroker must not charge a fee to issue a pawn ticket.
Penalty: 20 penalty units.
21 Lost pawn ticket
A pawnbroker must issue a duplicate pawn ticket if a person who pawned goods produces to the pawnbroker—
(a) a statutory declaration that the person has lost the pawn ticket or the pawn ticket has been stolen; and
(b) evidence as to the person's identity referred to in section 19(1) of the Act.
20 penalty units.
22 Period of loan
(1) A pawnbroker must fix the period of the loan on the security of pawned goods at the time the goods are pawned.
20 penalty units.
(2) The period of a loan for pawned goods commences on the day the goods are pawned.
23 Redemption of goods
(1) A person who has pawned goods may redeem the goods by paying the outstanding amount of the loan and producing to the pawnbroker—
(a) the pawn ticket or duplicate pawn ticket; and
(b) evidence as to the person's identity referred to in section 19(1) of the Act.
(2) A person who has pawned goods may redeem the goods at any time before the pawnbroker sells or disposes of them despite the expiry of the period of the loan.
24 Sale of unredeemed goods
(1) If the period of a loan expires and is not extended and the goods pawned as security on the loan are unredeemed, the pawnbroker must offer the goods for sale as soon as practicable and so as to receive the best price reasonably obtainable.
Penalty: 20 penalty units.
(2) A notice under section 23A(3) of the Act must be in the form set out in Schedule 4 and—
(a) the heading to the form and the words commencing "Name and address of pawnbroker" and ending "Date by which you must claim this money" and the words "What you need to do" and "Details of pawned goods and sale" must be printed in bold type and in a font size not less than 14 points; and
(b) the remainder of the form must be printed in a font size not less than 12 points.
(3) A pawnbroker must not purchase goods that have been pawned as security with the pawnbroker and have not been redeemed at or after the expiration of the period of the loan.
Penalty: 20 penalty units.
Part 5—Enforcement
25 Embargo notice
For the purposes of sections 26P(1) and 26ZK(1) of the Act, an embargo notice must be in the form set out in Schedule 5.
26 Infringement offences and infringement penalties
(1) For the purposes of section 26ZB(1) of the Act, an offence against the following provisions is an offence in respect of which an infringement notice may be issued—
(a) sections 5(1), 5(1A), 11B(a), 11B(b), 11B(c), 11C(4), 12(a), 12(b), 12(c), 12(d), 17(1), 17(2), 18D, 19A(1), 19A(2), 19B(1), 19B(2), 19B(3) and 26(4) of the Act; and
(b) regulations 19, 20(3), 21, 22(1) and 24(3).
(2) For the purposes of Division 3 of Part 5 of the Act, if an offence specified in column 2 of the following table is dealt with by infringement notice, the infringement penalty for that offence is the penalty specified in the corresponding entry of column 3 of the table.
Column 1<br>Item
Column 2<br>Infringement offence
Column 3<br>Infringement penalty
1
An offence against section 5(1) of the Act
10 penalty units
2
An offence against section 5(1A) of the Act
10 penalty units
3
An offence against section 11B(a) of the Act
2 penalty units
4
An offence against section 11B(b) of the Act
2 penalty units
5
An offence against section 11B(c) of the Act
2 penalty units
6
An offence against section 11C(4) of the Act
1 penalty unit
7
An offence against section 12(a) of the Act
1 penalty unit
8
An offence against section 12(b) of the Act
1 penalty unit
9
An offence against section 12(c) of the Act
1 penalty unit
10
An offence against section 12(d) of the Act
1 penalty unit
11
An offence against section 17(1) of the Act
5 penalty units
12
An offence against section 17(2) of the Act
5 penalty units
13
An offence against section 18D of the Act
2 penalty units
14
An offence against section 19A(1) of the Act
12 penalty units
15
An offence against section 19A(2) of the Act
12 penalty units
16
An offence against section 19B(1) of the Act
12 penalty units
17
An offence against section 19B(2) of the Act
12 penalty units
18
An offence against section 19B(3) of the Act
12 penalty units
19
An offence against section 20 of the Act
2 penalty units
20
An offence against section 21(1) of the Act
2 penalty units
21
An offence against section 21A of the Act
2 penalty units
22
An offence against section 23(2) of the Act
2 penalty units
23
An offence against section 23(3) of the Act
2 penalty units
24
An offence against section 23A(3) of the Act
2 penalty units
25
An offence against section 24B of the Act
2 penalty units
26
An offence against section 26(4) of the Act
2 penalty units
27
An offence against regulation 19
2 penalty units
28
An offence against regulation 20(3)
2 penalty units
29
An offence against regulation 21
2 penalty units
30
An offence against regulation 22(1)
2 penalty units
31
An offence against regulation 24(3)
2 penalty units
27 Verifying statement
For the purposes of section 25(2B) of the Act, the prescribed form of statement is the form set out in Schedule 6.
Schedule 1
Regulation 10(1)
Exempt goods
Item
1.
Goods collected under a local government recycling scheme
2.
Clothing, including footwear
3.
Kitchenware, including pots, pans and crockery (but not electrical or electronic appliances)
4.
Cutlery, where the price paid for the goods by the second-hand dealer does not exceed $100
5.
Glassware (including bottles), where the price paid for the goods by the second-hand dealer does not exceed $100
6.
Cans of any kind
7.
Waste plastic materials
8.
Waste paper materials
9.
Salvaged building materials including doors, window frames, tiles, bricks and timber
10.
Domestic whitegoods, including refrigerators, freezers, washing machines, clothes dryers, ovens and ironing presses (but not portable or camping refrigerators or microwave ovens)
11.
Factory seconds
12.
Books, magazines and periodicals
Schedule 2
Regulation 20(1)
Pawn ticket
Second-Hand Dealers and Pawnbrokers Act 1989
Name of pawnbroker:
Address of pawnbroker:
Full name and address of person from whom goods are received:
Date of loan:
Amount loaned:
Description of goods pawned:
Number of transaction:
Charges:
Period of loan:
Amount(s) paid and date(s) of payment (if any):
Schedule 3
Regulation 20(2)
What are my rights when I pawn goods?
Second-Hand Dealers and Pawnbrokers Act 1989
In brief
• The pawnbroker must give you a pawn ticket and written notice of the charge you will have to pay in addition to the loan.
• If you do not repay your loan in time, the pawnbroker can sell your goods without telling you.
• If the pawnbroker sells your goods, you are entitled to claim the money left from the proceeds of sale after the money you owe under the loan, any unpaid pawnbroker's charge and the reasonable costs of sale of the goods have been deducted.
For further information
• If you have any questions about your rights when you pawn goods or if you have a complaint about a pawnbroker, please contact Consumer Affairs Victoria.
In more detail
Pawnbroker's charge
The pawnbroker will charge you a weekly or monthly amount (sometimes called interest) and must give you written notice of the amount of the charge.
The pawnbroker's premises must have a sign that shows the maximum amount charged by the pawnbroker on pawn transactions.
The pawnbroker must not charge you more than the maximum amount shown on the sign, unless the notice given to you states the reason for the higher amount and you agree in writing to pay the higher amount. You must also be given a copy of this agreement.
Repaying the loan
You may repay your loan at any time before the pawnbroker sells your goods, even if the period of your loan has ended. The pawnbroker must record on your pawn ticket all payments you make on your loan.
Claiming your pawned goods
You may claim your goods back by paying what you owe under the loan, and the amount of unpaid pawnbroker's charge. You may claim your goods back at any time before the pawnbroker sells them, even if the period of your loan has ended. When you claim your goods back you must show the pawnbroker—
• your pawn ticket; and
• one piece of identification with a photograph of yourself (such as a passport or a driver licence) or two pieces of identification without a photograph (such as a birth certificate, health care card or a marriage certificate). If you do not have these, either the pawnbroker or Consumer Affairs Victoria can advise you what other identification can be used.
Lost or stolen tickets
If your pawn ticket is lost or stolen, the pawnbroker must give you a replacement pawn ticket if you provide—
• a statutory declaration stating that your ticket has been lost or stolen; and
• proof of identity as set out above.
Selling unclaimed pawned goods
• If you do not claim back your goods by the end of the loan period the pawnbroker can sell them without telling you.
• The pawnbroker must sell your goods as soon as practicable after the end of the loan period and must obtain the best price reasonably obtainable for the goods.
• It is illegal for the pawnbroker to buy your goods.
Money left over from the sale of unclaimed pawned goods
• If your goods are sold, the pawnbroker is entitled to deduct from the proceeds of sale any money you owe (under the loan and the pawnbroker's charge) and the reasonable costs of selling the goods.
• You are entitled to any money left over from the proceeds of sale after these amounts have been deducted, if you claim it within 12 months after the sale of the goods.
• If the amount of money left over is $10 or more, the pawnbroker must send you a notice advising you that you can claim the money.
• The notice must be sent within 14 days after the sale to the last address you gave the pawnbroker unless you gave an alternative address for sending notices. It is important that you tell the pawnbroker if you change your address.
• If you do not claim the money left over within 12 months after the sale of the goods you are no longer entitled to it and the pawnbroker can keep it.
• It is illegal for the pawnbroker to refuse to pay you the money left over if you request payment within the 12‑month period. If the pawnbroker refuses to pay you, you may apply to the Magistrates' Court for an order that the pawnbroker pay you the money.
Schedule 4
Regulation 24(2)
Notice of sale of pawned goods
Second-Hand Dealers and Pawnbrokers Act 1989
Name and address of pawnbroker:
You are entitled to claim money from the sale of your pawned goods.
Amount you are entitled to claim $
Date by which you must claim this money: [insert date 12 months after date of sale]
What you need to do
As you did not redeem your goods before the end of the loan period your goods have been sold.
The details of the goods, the amount obtained on their sale, the outstanding amount of the loan and the reasonable costs of sale are listed below.
You need to go to the pawnbroker at the above address to claim this money. If you do not claim the money by the date referred to above, the pawnbroker is entitled to keep it.
The pawnbroker may ask you to produce some identification when you claim this money.
It is illegal for the pawnbroker to refuse to pay you money left over from the sale of your goods if you request payment within 12 months after the sale of your goods. If the pawnbroker refuses to pay you, you may make an application to the Magistrates' Court for an order that the pawnbroker pay you the money.
If you have any questions about your rights when you pawn goods or if you have a complaint about a pawnbroker, you can get advice from Consumer Affairs Victoria.
Details of pawned goods and sale
Date goods were pawned:
Description of goods pawned:
Date goods sold:
Amount for which goods were sold $
Amount of the loan $
Amount of accrued interest $
Sum of all payments made $
Reasonable costs of sale $
Breakdown of sale costs $
Signature of pawnbroker:
Printed name:
Date:
Schedule 5
Regulation 25
Embargo notice
Second-Hand Dealers and Pawnbrokers Act 1989
Section 26P or 26ZK
The item described below has been embargoed under *section 26P/*section 26ZK of the Second-Hand Dealers and Pawnbrokers Act 1989.
Sections 26P(2) and 26ZK(2) provide that a person who knows that an embargo notice relates to a thing and who—
(a) sells; or
(b) leases; or
(c) without the written consent of the inspector or police officer listed below who issued the embargo notice, moves; or
(d) transfers; or
(e) otherwise deals with—
the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units.
Sections 26P(3) and 26ZK(3) provide that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.
Sections 26P(4) and 26ZK(4) provide that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.
Description of embargoed item—
This notice has been—
🞏 served on [name]
🞏 affixed to the item described above
*Delete as applicable
Signature of inspector or police officer:
Name and job title or rank of inspector or police officer:
Telephone number:
Date:
Time:
Schedule 6
Regulation 27
Verifying statement under section 25(2B) of the Act
Second-Hand Dealers and Pawnbrokers Act 1989
To: [insert name of member of police force]
I, [insert name] in relation to [insert name and address of second-hand dealer/pawnbroker business] verify that the document produced to you on [insert date] in accordance with section 25(2A) of the Second-Hand Dealers and Pawnbrokers Act 1989 is a true record of the transaction records of the business for the period from [insert date] to [insert date], as at the date of this statement.
Signature:
Printed name:
Date:
Note
Section 25(2A) of the Act provides that a member of the police force may require a second-hand dealer or pawnbroker to produce a document that is, or is part of, a transaction record kept electronically by the second-hand dealer or pawnbroker.
The member of the police force may require the document to be provided either electronically, or in a paper form.
The second-hand dealer or pawnbroker must provide this verifying statement with the document.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Second-Hand Dealers and Pawnbrokers (General, Exemption and Record-Keeping) Regulations 2018, S.R. No. 64/2018 were made on
22 May 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 31 of the Second-Hand Dealers and Pawnbrokers Act 1989, No. 54/1989 and came into operation on 30 May 2018: regulation 3.
The Second-Hand Dealers and Pawnbrokers (General, Exemption and Record-Keeping) Regulations 2018 will sunset 10 years after the day of making on 22 May 2028 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Second-Hand Dealers and Pawnbrokers (General, Exemption and Record-Keeping) Regulations 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Reg. 4(a): S.R. No. 140/2008 as amended by S.R. Nos 20/2009 and 75/2012. ↑
Reg. 4(b): S.R. No. 141/2008 as amended by S.R. Nos 10/2011 and 44/2016. ↑
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2017 is $158.57 and for the financial year commencing 1 July 2018 is $161.19.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑