Pawnbrokers and Second-hand Dealers Act 1996 No 13

Currency

As amended to Fair Trading Legislation Amendment (Reform) Act 2018 (No 65). Sch 7.11 commenced 31 October 2018. Current to 7 November 2018.

Jurisdiction

Section 40(1): Proceedings for an offence against the Act or regulations are to be dealt with summarily before the Local Court.

Time for commencement

Section 40(2): Any such proceedings may be commenced at any time within 12 months after the date on which the offence was allegedly committed.

SECTION DESCRIPTION PENALTY (MAX)
6 Carry on pawnbroking business not in accordance with licence 100 pu
7 Carry on business of buying/selling second hand goods not in accordance with licence 100 pu
14(1), (2) Licensee fail to display licence particulars 10 pu
15(1) Licensee not obtain evidence of the identity of supplier of goods 50 pu
15(1A) Licensee not obtain prescribed documentary evidence of identification 50 pu
15(2) Licensee accept goods not believed to be property of offering person 50 pu
15(3) Licensee accept goods without verifying title 50 pu
15(4) Furnish false/misleading information to licensee 50 pu
16 Offences in relation to the keeping, retention, production and signature of records 50 pu
17(6) Fail to produce, licence, records, goods on demand, etc 50 pu
19(1) Employee/licensee fail to report cause of suspicion that goods stolen 50 pu
20(4) Person in charge of storage premises fail to open same 50 pu
21 Fail to retain goods for prescribed period 50 pu
24 Make/furnish a statement which is false/misleading 50 pu
25 Delay/obstruct/hinder authorised officer 50 pu
28(7) Pledge not recorded/retained/supplied as prescribed 50 pu
Orders
33 Court may revoke or suspend licence and may specify period during which licensee cannot be granted further licence  
41 Court may order specified goods to be forfeited to the Crown or payment of equivalent amount  

Pawnbrokers and Second-hand Dealers Regulation 2015

Currency

As amended to Pawnbrokers and Second-hand Dealers Amendment (Exemption) Regulation (No 2) 2019 (No 355). Commenced 26 July 2019. Current to 29 July 2019.

CLAUSE DESCRIPTION PENALTY (MAX)
35 Licensee must not purport to transfer or lend the licence to another person and a person must not purport to obtain transfer or borrow or use another person’s licence 20 pu
Note:

Sch 2 sets out fines for penalty notice offences and the number of demerit points attracted by these offences.