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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SECOND-HAND DEALERS
AND PAWNBROKERS
BILL 2003
Queensland
SECOND-HAND DEALERS AND
PAWNBROKERS BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Objectives of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--INTERPRETATION
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Meaning of "associate" and "effective control" . . . . . . . . . . . . . . . . . . . . . . 10
PART 3--LICENCES
Division 1--Requirement to be licensed
6 Acting as licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2--Suitability of applicants and licensees
7 Suitability of applicants and licensees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Investigations about suitability of applicants and licensees . . . . . . . . . . . . . 13
9 Criminal history is a confidential document . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Applying for, renewing or restoring a licence
10 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Principal place of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Decision on application for a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Restoration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Decision on application for renewal or restoration of a licence . . . . . . . . . . 16
16 Licence continues pending decision about renewal . . . . . . . . . . . . . . . . . . . 16
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Second-hand Dealers and Pawnbrokers Bill 2003
17 Licence continues pending decision about restoration . . . . . . . . . . . . . . . . . 17
18 Requirement to give chief executive information ............... 17
Division 4--Suspending, cancelling, refusing to renew or restore, or
imposing conditions on a licence
19 Grounds for suspending, cancelling, refusing to renew or restore, or
imposing conditions on a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Procedure for suspending, cancelling, refusing to renew or restore, or
imposing conditions on a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Return of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 5--Other provisions about licences
22 Condition that licensee comply with local laws . . . . . . . . . . . . . . . . . . . . . . 20
23 Condition that second-hand dealer not enter or remain at premises . . . . . . . 20
24 Authorised place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Change of authorised place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Licence to include particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Change of licensee's home address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Licence to be kept on premises or with licensee . . . . . . . . . . . . . . . . . . . . . . 22
29 Change of associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Licensee must give notice if licence lost, stolen, destroyed or damaged . . . 23
31 Replacement of lost, stolen, destroyed or damaged licence . . . . . . . . . . . . . 23
32 Surrender of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33 Return of expired licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Licence not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 4--CONDUCT OF BUSINESS
Division 1--Second-hand dealers
35 Where business may be carried on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Second-hand dealer must identify place of business. . . . . . . . . . . . . . . . . . . 25
37 Second-hand dealer must keep a transactions register . . . . . . . . . . . . . . . . . 25
38 Place transactions register to be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Second-hand dealer must give information to commissioner of police
service ................................................ 26
40 False or misleading entries in transactions register. . . . . . . . . . . . . . . . . . . . 27
41 Person must not alter transactions register . . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 Employees must not be under 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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43 Second-hand dealer taken to be in possession of second-hand property . . . 27
44 Second-hand dealer to keep property for 7 days . . . . . . . . . . . . . . . . . . . . . . 28
45 Second-hand dealer must not acquire property from particular persons. . . . 28
46 When a second-hand dealer may acquire property . . . . . . . . . . . . . . . . . . . . 28
47 Second-hand dealer must ask for information. . . . . . . . . . . . . . . . . . . . . . . . 29
48 Second-hand dealer to inform police about stolen property . . . . . . . . . . . . . 29
49 Second-hand dealer to produce licence if asked . . . . . . . . . . . . . . . . . . . . . . 29
50 Holding out place as second-hand dealer's business. . . . . . . . . . . . . . . . . . . 30
Division 2--Pawnbrokers
51 Where business may be carried on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
52 Pawnbroker must identify place of business . . . . . . . . . . . . . . . . . . . . . . . . . 30
53 Pawnbroker must keep a property register . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Place property register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
55 Pawnbroker must give information to commissioner of police service . . . . 31
56 False and misleading entries in property register . . . . . . . . . . . . . . . . . . . . . 32
57 Person must not alter property register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Pawnbroker must give a person a pawn ticket. . . . . . . . . . . . . . . . . . . . . . . . 32
59 Presumption of right to redeem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
60 Pawnbroker must not sell property before redemption period expires . . . . . 33
61 Disposal of pawned property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 If property is not redeemed within the redemption period . . . . . . . . . . . . . . 34
63 Sale of pawned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
64 Proceeds of sale of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
65 Person may inspect property register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 Recovery rights if pawn wrongly sold or disposed of . . . . . . . . . . . . . . . . . . 35
67 Employees must not be under 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
68 Pawnbroker taken to be in possession of property . . . . . . . . . . . . . . . . . . . . 36
69 Pawnbroker must not acquire property from particular persons . . . . . . . . . . 36
70 Pawnbroker must ask for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71 Pawnbroker to inform police about stolen property . . . . . . . . . . . . . . . . . . . 37
72 Pawnbroker to produce licence if asked . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
73 Holding out place as pawnbroker's business. . . . . . . . . . . . . . . . . . . . . . . . . 38
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Second-hand Dealers and Pawnbrokers Bill 2003
74 Disposal of pledges if licence cancelled or not renewed. . . . . . . . . . . . . . . . 38
PART 5--ENFORCEMENT
Division 1--Authorised officers
75 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
76 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 39
77 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
78 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
79 When authorised officer ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . 40
80 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
81 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2--Powers of authorised officers
Subdivision 1--Entry of places
82 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 2--Procedure for entry
83 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
84 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
86 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
87 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 3--Powers after entry
88 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
89 Licensee to show licence if asked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 4--Power to seize evidence
90 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
91 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
92 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
93 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
94 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 5--Power to require information
95 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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PART 6--GENERAL OFFENCES, LEGAL PROCEEDINGS AND
APPEALS
Division 1--General offences
96 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
97 Obstruction of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
98 Forging a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
99 Person not to possess a licence without reasonable excuse. . . . . . . . . . . . . . 50
100 Person not to use or allow another person to use a licence . . . . . . . . . . . . . . 51
101 Person not to alter a licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 2--Legal proceedings
102 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
103 Authorised officer may prosecute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
104 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
105 Effect of conviction for dealing in or selling property obtained by fraud . . . 53
106 Attempts to commit offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 3--Appeals
107 Right to appeal to Magistrates Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
108 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
109 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
110 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
111 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 7--GENERAL PROVISIONS
112 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 55
113 Chief executive and authorised officers not civilly liable . . . . . . . . . . . . . . . 56
114 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
115 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 8--REPEALS AND CONSEQUENTIAL AMENDMENTS
116 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
117 Consequential amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 9--TRANSITIONAL PROVISIONS
Division 1--Interpretation
118 Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
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Division 2--Transitional provisions for repeal of the Second-hand
Dealers and Collectors Act 1984
119 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
120 Existing second-hand dealer's licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
121 Existing applications for previous licences . . . . . . . . . . . . . . . . . . . . . . . . . . 58
122 Notice of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
123 Surrender notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
124 Change of address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
125 Nominated property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
126 Appeals to court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
127 Existing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
128 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 3--Transitional provisions for repeal of the Pawnbrokers
Act 1984
129 Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
130 Existing pawnbroker's licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
131 Existing applications for previous licences . . . . . . . . . . . . . . . . . . . . . . . . . . 60
132 Notice of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
133 Surrender notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
134 Change of address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
135 Property pawned before the commencement . . . . . . . . . . . . . . . . . . . . . . . . 61
136 Appeals to court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
137 Existing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
138 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 10--AMENDMENT OF FUNERAL BENEFIT BUSINESS
ACT 1982
139 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
140 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
141 Amendment of pt 3, hdg (Funeral benefit businesses of corporations
registered at commencement of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
142 Insertion of new s 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
8 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
143 Amendment of s 14 (Benefits trust funds). . . . . . . . . . . . . . . . . . . . . . . . . . . 64
144 Amendment of s 15 (Payment of moneys into the fund). . . . . . . . . . . . . . . . 65
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145 Amendment of s 19 (Annual returns to be furnished by corporation) . . . . . 65
146 Amendment of s 20 (Quinquennial valuation) . . . . . . . . . . . . . . . . . . . . . . . 65
147 Amendment of s 22 (Where assets more than sufficient to meet liabilities) . 66
148 Amendment of s 23 (Corporation to change rules) . . . . . . . . . . . . . . . . . . . . 66
149 Replacement of pt 4, hdg (Registration of corporations under this Act
to carry on funeral benefit business) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
150 Replacement of ss 24 to 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
24 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
25 Meaning of "nominated property" . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
151 Amendment of s 32 (Provisions to be contained in rules) . . . . . . . . . . . . . . 67
152 Omission of ss 33 to 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
153 Amendment of s 36 (Certificate of registration) . . . . . . . . . . . . . . . . . . . . . . 67
154 Omission of s 37 (Refusal of registration) . . . . . . . . . . . . . . . . . . . . . . . . . . 68
155 Amendment of s 38 (Funeral benefit business trust fund account) . . . . . . . . 68
156 Amendment of s 39 (Funeral benefit business trust fund). . . . . . . . . . . . . . . 69
157 Amendment of s 40 (Investment of moneys) . . . . . . . . . . . . . . . . . . . . . . . . 69
158 Amendment of s 41 (Application of funeral benefit business trust fund) . . . 69
159 Amendment of s 42 (Annual returns to be furnished by corporation) . . . . . 69
160 Amendment of s 43 (Quinquennial valuation) . . . . . . . . . . . . . . . . . . . . . . . 70
161 Amendment of s 44 (Where assets insufficient to meet liabilities) . . . . . . . . 70
162 Amendment of s 46 (Corporation to change rules) . . . . . . . . . . . . . . . . . . . . 70
163 Amendment of s 47 (Register of contributors) . . . . . . . . . . . . . . . . . . . . . . . 71
164 Amendment of s 48 (Receipts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
165 Amendment of pt 5, hdg (Sale of funeral benefit businesses and
cancellation of registration provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
166 Replacement of s 49 (Interpretation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
49 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
167 Amendment of s 50 (Sale of funeral benefit business) . . . . . . . . . . . . . . . . . 72
168 Amendment of s 52 (Cancellation of registration by court) . . . . . . . . . . . . . 72
169 Omission of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
170 Replacement of pt 7, hdg (General provisions). . . . . . . . . . . . . . . . . . . . . . . 72
171 Replacement of s 58 (Reference to registered corporation) . . . . . . . . . . . . . 73
58 Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
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172 Amendment of s 59 (Nominated office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
173 Amendment of s 60 (Secretary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
174 Amendment of s 61 (Provisions as to rules) . . . . . . . . . . . . . . . . . . . . . . . . . 74
175 Amendment of s 63 (Change of name of registered corporation) . . . . . . . . . 74
176 Amendment of s 66 (How payments from accounts to be made) . . . . . . . . . 74
177 Amendment of s 67 (Compliance with requirements of registrar) . . . . . . . . 74
178 Amendment of s 69 (Powers of inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . 74
179 Omission of s 73 (General penalty). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
180 Amendment of s 75 (Institution of proceedings). . . . . . . . . . . . . . . . . . . . . . 75
181 Amendment of s 76 (Offence by body corporate). . . . . . . . . . . . . . . . . . . . . 75
182 Amendment of s 80 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
183 Relocation and renumbering of ss 74 to 81. . . . . . . . . . . . . . . . . . . . . . . . . . 76
184 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
73 Application of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
74 Client care statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
75 Person must be given copy of agreement. . . . . . . . . . . . . . . . . . . . . . 77
76 Cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
77 Consequences of exercising rights in cooling-off period. . . . . . . . . . 77
78 Person to be advised that the person may enter into an agreement
with an authorised investment manager. . . . . . . . . . . . . . . . . . . . . . . 77
79 Application of Trusts Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
80 Application of Trust Accounts Act 1973 . . . . . . . . . . . . . . . . . . . . . . 78
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 80
DISQUALIFYING OFFENCE PROVISIONS UNDER THE
CRIMINAL CODE
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 81
CONSEQUENTIAL AMENDMENTS
CREDIT ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
ELECTRONIC TRANSACTIONS (QUEENSLAND) ACT 2001 . . . . . . . . 81
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 81
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 83
DICTIONARY
2003
A BILL
FOR
An Act to regulate the activities of second-hand dealers and
pawnbrokers, and for other purposes
s1 10 s5
Second-hand Dealers and Pawnbrokers Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Second-hand Dealers and Pawnbrokers 4
Act 2003. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Objectives of Act 8
The main objectives of this Act are to-- 9
(a) regulate the activities of second-hand dealers and pawnbrokers; 10
and 11
(b) deter crime in the second-hand property market; and 12
(c) help protect consumers from purchasing stolen property. 13
PART 2--INTERPRETATION 14
4 Definitions 15
The dictionary in schedule 3 defines particular words used in this Act. 16
5 Meaning of "associate" and "effective control" 17
(1) An "associate" of an applicant for a licence or a licensee is a person 18
who is not the applicant or licensee but is, or would be if the licence were 19
granted, renewed or restored, in effective control of the applicant's or 20
licensee's business at a place. 21
s6 11 s6
Second-hand Dealers and Pawnbrokers Bill 2003
(2) A person who is in "effective control" of a business, includes a 1
person who-- 2
(a) is regularly or usually in charge of the business; or 3
(b) regularly directs staff of the business in their duties; or 4
(c) is in a position to control or influence the business in a 5
substantial way. 6
(3) If an applicant for a licence or a licensee is a corporation, each 7
executive officer of the corporation is taken to be an "associate" of the 8
applicant or licensee. 9
PART 3--LICENCES 10
Division 1--Requirement to be licensed 11
6 Acting as licensee 12
(1) A person must not carry on a business of dealing in second-hand 13
property or act as a market operator unless the person is a second-hand 14
dealer. 15
Maximum penalty--200 penalty units. 16
(2) However, the following persons do not contravene subsection (1)-- 17
(a) a pawnbroker to the extent the person may lawfully deal with 18
second-hand property under the person's licence under this Act; 19
(b) an auctioneer, motor dealer or motor salesperson under the 20
Property Agents and Motor Dealers Act 2000 to the extent the 21
person may lawfully deal with second-hand property under the 22
person's licence under that Act; 23
(c) a dealer under the Weapons Act 1990 to the extent the person may 24
lawfully deal with second-hand property under the person's 25
licence under that Act; 26
(d) a person dealing in second-hand property to the extent the 27
dealing is part of a business that involves acquiring property and 28
hiring the property to others; 29
s7 12 s7
Second-hand Dealers and Pawnbrokers Bill 2003
(e) a person dealing in second-hand property for a charity registered 1
under the Collections Act 1966; 2
(f) a charity, religious denomination, or an organisation formed for a 3
community purpose, within the meaning of the Collections Act 4
1966; 5
(g) a local government; 6
(h) an authorised deposit-taking institution under the Banking Act 7
1959 (Cwlth); 8
(i) a company registered under the Life Insurance Act 1995 (Cwlth); 9
(j) a trustee company under the Trustee Companies Act 1968. 10
(3) A person must not carry on a business of advancing, on interest or in 11
expectation of profit or reward, an amount on the principal or collateral 12
security of property taken by the person as a pawn unless the person is a 13
pawnbroker. 14
Maximum penalty--200 penalty units. 15
(4) However, the following persons making advances in the ordinary 16
course of banking or mercantile transactions on the security of property 17
taken as a pawn do not contravene subsection (3)-- 18
(a) an auctioneer under the Property Agents and Motor Dealers Act 19
2000; 20
(b) an authorised deposit-taking institution under the Banking Act 21
1959 (Cwlth); 22
(c) a broker, commission agent or merchant. 23
Division 2--Suitability of applicants and licensees 24
7 Suitability of applicants and licensees 25
(1) A person is not a suitable person to hold a licence if the person, or an 26
associate of the person-- 27
(a) is an individual under 18 years; or 28
(b) is an insolvent under administration; or 29
(c) has been convicted of a disqualifying offence within the last 30
5 years; or 31
s8 13 s9
Second-hand Dealers and Pawnbrokers Bill 2003
(d) is a corporation that is an externally-administered body 1
corporate. 2
(2) A person who is not a suitable person may not hold a licence. 3
(3) In this section-- 4
"externally-administered body corporate" has the meaning given by the 5
Corporations Act, section 9. 6
"insolvent under administration" has the meaning given by the 7
Corporations Act, section 9. 8
8 Investigations about suitability of applicants and licensees 9
(1) The chief executive may make investigations about the following 10
persons to help decide whether an applicant for a licence or licensee is a 11
suitable person to hold a licence-- 12
(a) the applicant or licensee; 13
(b) an associate of the applicant or licensee. 14
(2) If the chief executive makes investigations under subsection (1), the 15
chief executive must ask the commissioner of the police service for a 16
written report about the criminal history of any of the persons. 17
(3) The commissioner must give the report to the chief executive. 18
(4) The report is required to contain only criminal history in the 19
commissioner's possession or to which the commissioner has access. 20
9 Criminal history is a confidential document 21
(1) An officer, employee or agent of the department must not, directly or 22
indirectly, disclose to anyone else a report, or information contained in the 23
report, given under section 8. 24
Maximum penalty--100 penalty units. 25
(2) However, the person does not contravene subsection (1) if-- 26
(a) disclosure of the report or information to someone else is 27
authorised by the chief executive to the extent necessary to 28
perform a function under this Act; or 29
(b) the disclosure is otherwise required or permitted by law. 30
s 10 14 s 11
Second-hand Dealers and Pawnbrokers Bill 2003
(3) The chief executive must destroy the report as soon as practicable 1
after considering the applicant or licensee's suitability to hold a licence. 2
Division 3--Applying for, renewing or restoring a licence 3
10 Application for licence 4
(1) A person may apply to the chief executive for a licence. 5
(2) The application must-- 6
(a) be in the approved form; and 7
(b) include the following information-- 8
(i) whether the licence is for 1 or both of the following types of 9
business-- 10
(A) a second-hand dealer; 11
(B) a pawnbroker; 12
(ii) whether the licence is sought for a term of 1 or 3 years; 13
(iii) each place the applicant intends to carry on business under 14
the licence; 15
(iv) the names and addresses of the applicant's associates; and 16
(c) be accompanied by the fee prescribed under a regulation. 17
11 Principal place of business 18
(1) If the applicant intends to carry on business at more than 1 place, the 19
applicant must specify in the application the place the applicant intends to 20
be the applicant's principal place of business. 21
(2) If the applicant intends to carry on business at a location, the 22
applicant must specify, as the applicant's principal place of business-- 23
(a) for an application for a second-hand dealer's licence--an address 24
where the applicant's transactions register is to be maintained 25
and may be inspected; or 26
(b) for an application for a pawnbroker's licence--an address where 27
the applicant's property register is to be maintained and may be 28
inspected, and property taken as a pawn is located. 29
s 12 15 s 13
Second-hand Dealers and Pawnbrokers Bill 2003
(3) A place of business or an address under this section must be a place 1
where a document may be served personally. 2
3
Example--
4
A post office box is not a place the applicant may use as a place of business or an
5
address for this Act.
12 Decision on application for a licence 6
(1) The chief executive must consider an application for a licence and-- 7
(a) grant the licence, with or without conditions; or 8
(b) refuse to grant the licence. 9
(2) However, the chief executive must refuse to grant the application if 10
the chief executive is not satisfied the applicant is a suitable person to hold 11
the licence. 12
(3) If the chief executive decides to grant the licence, the chief executive 13
must-- 14
(a) grant the licence for the term stated in the application for the 15
licence; and 16
(b) give the applicant the licence. 17
(4) If the chief executive decides to grant the licence with a condition or 18
to refuse to grant the licence, the chief executive must give the applicant an 19
information notice within 14 days after the decision is made. 20
13 Renewal of licence 21
(1) A licensee may apply to the chief executive to renew the licensee's 22
licence before the licence expires. 23
(2) The application must-- 24
(a) be in the approved form; and 25
(b) state whether the licence is sought for a term of 1 or 3 years; and 26
(c) state the names and addresses of the associates of the applicant; 27
and 28
(d) be accompanied by the fee prescribed under a regulation. 29
s 14 16 s 16
Second-hand Dealers and Pawnbrokers Bill 2003
14 Restoration of licence 1
(1) If a licence expires, the person who was the holder of the licence 2
may, within 14 days after the licence expires, apply to the chief executive 3
to restore the licence. 4
(2) The application must-- 5
(a) be in the approved form; and 6
(b) state whether the licence is sought for a term of 1 or 3 years; and 7
(c) state the names and addresses of the associates of the applicant; 8
and 9
(d) be accompanied by the fee prescribed under a regulation. 10
15 Decision on application for renewal or restoration of a licence 11
(1) The chief executive must consider an application for renewal or 12
restoration of a licence and-- 13
(a) grant the renewal or restoration of the licence, with or without 14
conditions; or 15
(b) refuse to grant the renewal or restoration of the licence. 16
(2) However, the chief executive must refuse the application if the chief 17
executive is not satisfied the applicant is a suitable person to hold a licence. 18
(3) If the chief executive decides to grant the renewal or restoration of 19
the licence, the chief executive must grant the renewal or restoration for the 20
term stated in the application. 21
(4) If the chief executive decides to refuse to grant the renewal or 22
restoration of the licence, the chief executive must give the applicant an 23
information notice within 14 days after the decision is made. 24
16 Licence continues pending decision about renewal 25
(1) If a licensee applies for renewal of a licence under section 13, the 26
licence is taken to be in force from the time it would, apart from this 27
subsection, have expired until the day on which any of the following first 28
happens-- 29
(a) the chief executive renews the licence; 30
s 17 17 s 18
Second-hand Dealers and Pawnbrokers Bill 2003
(b) if the chief executive decides to refuse to grant the renewal, the 1
chief executive gives the licensee an information notice under 2
section 15(4); 3
(c) the licensee is taken to have withdrawn the application under 4
section 18(2). 5
(2) If the chief executive renews the licence, the licence is taken to have 6
been renewed from the time it would, apart from subsection (1), have 7
expired. 8
(3) Subsection (1) does not apply if the licence is earlier cancelled or 9
suspended. 10
17 Licence continues pending decision about restoration 11
(1) If a licensee applies for restoration of a licence under section 14, the 12
licence is taken to be in force from the time the licence expired until the 13
day on which any of the following first happens-- 14
(a) the chief executive restores the licence; 15
(b) if the chief executive decides to refuse to grant the restoration, 16
the chief executive gives the licensee an information notice about 17
the decision under section 15(4); 18
(c) the licensee is taken to have withdrawn the application under 19
section 18(2). 20
(2) If the chief executive restores the licence, the licence is taken to have 21
been restored from the time it expired. 22
(3) Subsection (1) does not apply if the licence is earlier cancelled or 23
suspended. 24
18 Requirement to give chief executive information 25
(1) The chief executive may by signed notice require an applicant under 26
this part to give the chief executive information or documents the chief 27
executive reasonably considers are needed, to consider the applicant's 28
application, within a stated reasonable period of at least 14 days. 29
(2) If the applicant fails to comply with the chief executive's requirement 30
within the stated reasonable period, the applicant is taken to have 31
withdrawn the application. 32
s 19 18 s 20
Second-hand Dealers and Pawnbrokers Bill 2003
Division 4--Suspending, cancelling, refusing to renew or restore, or 1
imposing conditions on a licence 2
19 Grounds for suspending, cancelling, refusing to renew or restore, 3
or imposing conditions on a licence 4
(1) Each of the following is a ground for suspending, cancelling, 5
refusing to renew or restore, or imposing a condition on a licence-- 6
(a) the licence was obtained because of incorrect or misleading 7
information; 8
(b) the licensee or an associate of the licensee has failed to comply 9
with a condition of the licence; 10
(c) the licensee or an associate of the licensee has been convicted of 11
an offence against this Act, the repealed Act or a law of another 12
State that provides for the same matter as this Act within the last 13
5 years; 14
(d) the licensee is no longer suitable person to hold a licence.1 15
(2) In this section-- 16
"repealed Act" means the Second-hand Dealers and Collectors Act 1984 17
or the Pawnbrokers Act 1984. 18
20 Procedure for suspending, cancelling, refusing to renew or 19
restore, or imposing conditions on a licence 20
(1) If the chief executive believes reasonable grounds exist to suspend, 21
cancel, refuse to renew or restore, or impose a condition on a licence (the 22
"action"), the chief executive must give the licensee a notice (the "show 23
cause notice") that-- 24
(a) states the action proposed and-- 25
(i) if the proposed action is to suspend the licence--states the 26
proposed suspension period; and 27
(ii) if the proposed action is to impose a condition on a 28
licence--states the proposed condition; and 29
(b) states the grounds for proposing to take the action; and 30
1 See section 7 (Suitability of applicants and licensees).
s 21 19 s 21
Second-hand Dealers and Pawnbrokers Bill 2003
(c) outlines the facts and circumstances that form the basis for the 1
chief executive's belief; and 2
(d) invites the licensee to make written representations, within a 3
stated time of not less than 28 days, why the action proposed 4
should not be taken. 5
(2) If, after considering all written representations made within the stated 6
time, the chief executive still believes grounds exist to take the action, the 7
chief executive may-- 8
(a) if the show cause notice stated the action proposed was to 9
suspend the licence for a stated period--suspend the licence for a 10
period not longer than the stated period; or 11
(b) if the show cause notice stated the action proposed was to cancel 12
the licence-- 13
(i) cancel the licence; or 14
(ii) suspend the licence for a period; or 15
(c) if the show cause notice stated the action proposed was not to 16
renew or restore the licence-- 17
(i) refuse to renew or restore the licence; or 18
(ii) refuse to renew or restore the license for a period; or 19
(d) if the show cause notice stated the action proposed was to impose 20
a condition on a licence--impose the condition on the licence, or 21
impose another condition on the licence to which the licensee has 22
consented in writing. 23
(3) The chief executive must give the licensee an information notice 24
within 14 days after the decision is made. 25
(4) The decision takes effect on the later of the following-- 26
(a) the day on which the notice is given to the licensee; 27
(b) the day stated in the notice. 28
21 Return of licence 29
(1) If the chief executive decides to suspend, cancel, refuse to renew or 30
restore, or impose a condition on a licensee's licence, the licensee must, 31
s 22 20 s 24
Second-hand Dealers and Pawnbrokers Bill 2003
within 14 days of the chief executive's decision taking effect,2 return the 1
licence to the chief executive unless-- 2
(a) the chief executive gives the licensee written consent for the 3
licensee to keep the licence for a period; or 4
(b) the licensee has a reasonable excuse for not returning the licence. 5
Maximum penalty--100 penalty units. 6
(2) If a licence returned to the chief executive after suspension is still 7
current at the end of the suspension period, the chief executive must return 8
the licence to the licensee. 9
(3) If a licence is returned to the chief executive after a condition is 10
imposed on the licence, the chief executive must give the licensee another 11
copy of the licence stating the condition. 12
Division 5--Other provisions about licences 13
22 Condition that licensee comply with local laws 14
It is a condition of a licence that the licensee comply with a local law 15
about the carrying on of the licensee's business under the licence. 16
23 Condition that second-hand dealer not enter or remain at 17
premises 18
It is a condition of a second-hand dealer's licence that the second-hand 19
dealer, when acquiring property for the second-hand dealer's business from 20
a person at premises, not enter or remain at the premises without the 21
permission of the owner or occupier of the premises. 22
24 Authorised place 23
A place is an "authorised place" for a licence if-- 24
(a) the licensee's application for the licence under section 10 stated 25
that the licensee intended to carry on business at the place; or 26
2 See section 20(4) (Procedures for suspending, cancelling, refusing to renew or
restore, or imposing conditions on a licence).
s 25 21 s 26
Second-hand Dealers and Pawnbrokers Bill 2003
(b) the place is a place approved by the chief executive under 1
section 25 as an authorised place for the licence. 2
25 Change of authorised place 3
(1) A licensee may apply to the chief executive to approve a place as an 4
authorised place for the licensee's licence. 5
(2) The application must be in the approved form and be accompanied 6
by the fee prescribed under a regulation. 7
(3) The licensee must indicate in the application-- 8
(a) whether the place is to be the licensee's principal place of 9
business; and 10
(b) whether the licensee intends to continue to carry on business at 11
each other approved place for the licence. 12
(4) The chief executive must consider each application and-- 13
(a) approve the place as an authorised place for the licence, with or 14
without conditions; or 15
(b) refuse to approve the place as an authorised place for the licence. 16
(5) If the chief executive decides to refuse to approve the place as an 17
authorised place for the licence, the chief executive must give the applicant 18
an information notice. 19
(6) If the chief executive approves the application, the licensee must, 20
within 7 days of the licensee receiving notice of the approval, give the chief 21
executive the licensee's licence. 22
Maximum penalty--50 penalty units. 23
(7) If the chief executive is given a licence under subsection (6), the 24
chief executive must give the licensee another copy of the licence stating 25
the authorised place approved by the chief executive for the licence. 26
26 Licence to include particular information 27
(1) A licence must include the following information-- 28
(a) each authorised place for the licence; 29
(b) any condition imposed on the licence by the chief executive. 30
s 27 22 s 29
Second-hand Dealers and Pawnbrokers Bill 2003
(2) However, if the licence is issued to a licensee for carrying on 1
business at a location, the licence must state-- 2
(a) for a licence to carry on business as a second-hand dealer--an 3
address where the licensee's transactions register is to be 4
maintained and may be inspected; or 5
(b) for a licence to carry on business as a pawnbroker--an address 6
where the licensee's property register is to be maintained and 7
may be inspected, and property taken as a pawn is located. 8
27 Change of licensee's home address 9
(1) If a licensee changes the licensee's home address or an address 10
mentioned in section 26(2)(a) or (b), the licensee must, within 7 days after 11
the change, give the chief executive-- 12
(a) signed notice of the change; and 13
(b) if the licensee carries on business under the licence at a location, 14
the licensee's licence. 15
Maximum penalty--50 penalty units. 16
(2) If the chief executive is given a licence under subsection (1)(b) and is 17
satisfied of the correctness of the change, the chief executive must give the 18
licensee another copy of the licence stating the new address. 19
28 Licence to be kept on premises or with licensee 20
(1) If a licence authorises the licensee to carry on business under the 21
licence at premises, the licensee must keep the licence or a copy of it at the 22
premises stated in the licence. 23
Maximum penalty--100 penalty units. 24
(2) If a license authorises the licensee to carry on business under the 25
licence at a location, the licensee must carry the licence or a copy of it 26
when carrying on business at the location. 27
Maximum penalty--100 penalty units. 28
29 Change of associate 29
(1) Subsection (2) applies if either of the following events happen-- 30
(a) a person becomes an associate of a licensee; 31
s 30 23 s 32
Second-hand Dealers and Pawnbrokers Bill 2003
(b) a person stops being an associate of a licensee. 1
(2) The licensee must give the chief executive signed notice of the event, 2
within 14 days after the day it happens. 3
Maximum penalty--50 penalty units. 4
30 Licensee must give notice if licence lost, stolen, destroyed or 5
damaged 6
If a licensee's licence is lost, stolen, destroyed or damaged in a way that 7
requires its replacement, the licensee must give the chief executive signed 8
notice as soon as practicable after becoming aware the licence is lost, 9
stolen, destroyed or damaged in a way that requires its replacement. 10
Maximum penalty--50 penalty units. 11
31 Replacement of lost, stolen, destroyed or damaged licence 12
(1) A licensee may, by signed application, request the chief executive 13
replace a licence that is lost, stolen, destroyed or damaged in a way that 14
requires its replacement. 15
(2) The application must be accompanied by the fee prescribed under a 16
regulation. 17
(3) The chief executive must consider each application and-- 18
(a) replace the licence; or 19
(b) refuse to replace the licence. 20
(4) The chief executive must replace the licence if the chief executive is 21
satisfied the licence has been lost, stolen, destroyed or damaged in a way 22
that requires its replacement. 23
(5) If the chief executive decides to refuse to replace the licence, the 24
chief executive must give the applicant an information notice. 25
32 Surrender of licence 26
(1) A licensee may surrender the licensee's licence by signed notice 27
given to the chief executive. 28
(2) The surrender of the licence takes effect on the day the notice of 29
surrender is given to the chief executive or, if a later day of effect is stated 30
in the notice, the later day. 31
s 33 24 s 35
Second-hand Dealers and Pawnbrokers Bill 2003
(3) The licensee must return the licence to the chief executive within 1
14 days after surrender takes effect, unless the licensee has a reasonable 2
excuse. 3
Maximum penalty for subsection (3)--20 penalty units. 4
33 Return of expired licence 5
A licensee must return the licensee's licence to the chief executive, 6
within 14 days after the licence expires, unless-- 7
(a) the licensee has applied for the renewal or restoration of the 8
licence under section 13 or 14,3 and the application has not been 9
decided by the chief executive; or 10
(b) the licensee has a reasonable excuse. 11
Maximum penalty--20 penalty units. 12
34 Licence not transferable 13
A licence can not be assigned or transferred to another person. 14
PART 4--CONDUCT OF BUSINESS 15
Division 1--Second-hand dealers 16
35 Where business may be carried on 17
(1) A second-hand dealer must not carry on business as a second-hand 18
dealer at a place other than an authorised place. 19
Maximum penalty--200 penalty units. 20
(2) However, the second-hand dealer does not contravene subsection (1) 21
if the second-hand dealer is-- 22
(a) acquiring second-hand property from a person; or 23
3 Sections 13 (Renewal of licence) or 14 (Restoration of licence)
s 36 25 s 37
Second-hand Dealers and Pawnbrokers Bill 2003
(b) carrying on business at a public auction conducted by an 1
auctioneer licensed under the Property Agents and Motor 2
Dealers Act 2000. 3
36 Second-hand dealer must identify place of business 4
A second-hand dealer must clearly display at each authorised place the 5
second-hand dealer is carrying on business as a second-hand dealer-- 6
(a) the second-hand dealer's name in legible characters at least 7
50 mm high; and 8
(b) the words `licensed dealer in second-hand property' near the 9
name of the second-hand dealer; and 10
(c) if the person in effective control of the business at the place is an 11
associate of the second-hand dealer-- 12
(i) the associate's name in legible characters at least 50 mm 13
high; and 14
(ii) the word `associate' near the name of the associate. 15
Maximum penalty--50 penalty units. 16
37 Second-hand dealer must keep a transactions register 17
(1) A second-hand dealer must keep a printed or an electronic register of 18
transactions ("transactions register"), in a way prescribed under a 19
regulation, for each authorised place for the second-hand dealer's licence. 20
Maximum penalty--200 penalty units. 21
(2) The second-hand dealer must, before or immediately after each 22
second-hand property transaction at an authorised place, enter in the 23
transactions register for the place the particulars prescribed under a 24
regulation for the transaction. 25
Maximum penalty--200 penalty units. 26
(3) A second-hand dealer must not separate second-hand property into 27
parts to avoid entering the particulars for a second-hand property 28
transaction. 29
Maximum penalty--200 penalty units. 30
(4) If the second-hand property transaction happens at a place other than 31
an authorised place, the second-hand dealer must, as soon as practicable 32
s 38 26 s 39
Second-hand Dealers and Pawnbrokers Bill 2003
after the transaction, enter in the transactions register for the second-hand 1
dealer's principal place of business the particulars prescribed under a 2
regulation for the transaction. 3
Maximum penalty--200 penalty units. 4
(5) In this section-- 5
"second-hand property transaction" means a transaction for the 6
acquisition, sale or disposal of-- 7
(a) second-hand property with a resale value of at least $55; or 8
(b) second-hand property that is jewellery, contains precious metals 9
or is property that may be identified by-- 10
(i) a make, model or serial number on the property; or 11
(ii) an inscription. 12
38 Place transactions register to be kept 13
(1) Subsection (2) applies if a second-hand dealer is authorised to carry 14
on business under the second-hand dealer's licence at premises. 15
(2) The second-hand dealer must keep the transactions register for the 16
premises at the premises. 17
Maximum penalty--100 penalty units. 18
(3) Subsection (4) applies if a second-hand dealer is authorised to carry 19
on business under the second-hand dealer's licence at a location and the 20
second-hand dealer is not carrying on business as a second-hand dealer at 21
the location. 22
(4) The second-hand dealer must keep the transactions register for the 23
location at the address stated on the licence under section 26(2)(a).4 24
Maximum penalty--100 penalty units. 25
39 Second-hand dealer must give information to commissioner of 26
police service 27
A second-hand dealer must give the commissioner of the police service 28
the particulars prescribed under a regulation from the second-hand dealer's 29
4 Section 26 (Licence to include particular information)
s 40 27 s 43
Second-hand Dealers and Pawnbrokers Bill 2003
transaction register in the way, and within the period, prescribed under a 1
regulation. 2
Maximum penalty--200 penalty units. 3
40 False or misleading entries in transactions register 4
A person must not make a false or misleading entry in a transactions 5
register. 6
Maximum penalty--200 penalty units. 7
41 Person must not alter transactions register 8
(1) A person must not remove an entry in a transactions register. 9
Maximum penalty--200 penalty units. 10
(2) If a second-hand dealer finds an error in an entry in the second-hand 11
dealer's transaction register, the second-hand dealer may correct the entry 12
by making a new entry for the transaction in the transactions register. 13
(3) In this section-- 14
"remove" includes alter, disguise, erase and make illegible or 15
unintelligible. 16
42 Employees must not be under 17 17
A second-hand dealer must not employ a person under 17 years to 18
acquire second-hand property. 19
Maximum penalty--200 penalty units. 20
43 Second-hand dealer taken to be in possession of second-hand 21
property 22
(1) A second-hand dealer is taken to be in possession of second-hand 23
property located at a place other than a place stated on the second-hand 24
dealer's licence if-- 25
(a) the property is found in a place occupied by the second-hand 26
dealer; or 27
(b) the property is under the control of the second-hand dealer; or 28
s 44 28 s 46
Second-hand Dealers and Pawnbrokers Bill 2003
(c) the second-hand dealer did not sell the property in good faith and 1
the property has been moved to another place. 2
(2) Subsection (1) applies unless the contrary is proven. 3
44 Second-hand dealer to keep property for 7 days 4
If a second-hand dealer acquires nominated property, the second-hand 5
dealer must keep the nominated property in the second-hand dealer's 6
possession for 7 clear working days after acquiring it. 7
Maximum penalty--200 penalty units. 8
45 Second-hand dealer must not acquire property from particular 9
persons 10
(1) A second-hand dealer must not directly or indirectly acquire 11
second-hand property from a person under 17 years, or who is under the 12
influence of alcohol or a drug. 13
Maximum penalty--200 penalty units. 14
(2) The second-hand dealer does not contravene subsection (1) if the 15
second-hand dealer believed, on reasonable grounds, that-- 16
(a) for property acquired from a person under 17 years--the person 17
was at least 17 years; or 18
(b) for property acquired from a person under the influence of 19
alcohol or a drug--the person was not under the influence of 20
alcohol or a drug. 21
46 When a second-hand dealer may acquire property 22
(1) A second-hand dealer must not acquire second-hand property from a 23
person at the person's home-- 24
(a) on a Sunday or public holiday; or 25
(b) otherwise--between 6 p.m. and 7 a.m. 26
Maximum penalty--200 penalty units. 27
(2) However, the second-hand dealer does not contravene subsection (1) 28
if the second-hand dealer obtains the person's consent for the property to 29
be acquired at least 1 day before the day the property is acquired. 30
s 47 29 s 49
Second-hand Dealers and Pawnbrokers Bill 2003
47 Second-hand dealer must ask for information 1
A second-hand dealer must, before acquiring second-hand property from 2
a person, obtain from the person the following information-- 3
(a) the person's name and address; 4
(b) verification of the person's name and address; 5
(c) whether or not the person is the owner of the property; 6
(d) if the person is not the owner of the property-- 7
(i) the name and address of the owner; and 8
(ii) how the person acquired the property. 9
Maximum penalty--200 penalty units. 10
48 Second-hand dealer to inform police about stolen property 11
(1) Subsection (2) applies if a second-hand dealer acquires second-hand 12
property that may be property described as stolen or unlawfully obtained in 13
written, printed or oral information given to the second-hand dealer by a 14
police officer or another person. 15
(2) The second-hand dealer must advise a police officer about the 16
property, as soon as practicable after becoming aware that the property may 17
be stolen or unlawfully obtained. 18
Maximum penalty--200 penalty units. 19
49 Second-hand dealer to produce licence if asked 20
(1) This section applies if a person-- 21
(a) acquires or intends to acquire second-hand property from a 22
second-hand dealer; or 23
(b) disposes of or intends to dispose of second-hand property to a 24
second-hand dealer. 25
(2) The person may, immediately before or within 24 hours after 26
acquiring or disposing of the property, ask the second-hand dealer to show 27
the person the second-hand dealer's licence. 28
s 50 30 s 52
Second-hand Dealers and Pawnbrokers Bill 2003
(3) The second-hand dealer must show the person the licence. 1
Maximum penalty for subsection (3)--50 penalty units. 2
50 Holding out place as second-hand dealer's business 3
A person must not hold out a place as being a place where a second-hand 4
dealer carries on business if the place is not an authorised place for a 5
second-hand dealer. 6
Maximum penalty--200 penalty units. 7
Division 2--Pawnbrokers 8
51 Where business may be carried on 9
A pawnbroker must not carry on business as a pawnbroker at a place 10
other than an authorised place. 11
Maximum penalty--200 penalty units. 12
52 Pawnbroker must identify place of business 13
A pawnbroker must clearly display at each authorised place the 14
pawnbroker is carrying on business as a pawnbroker-- 15
(a) the pawnbroker's name in legible characters at least 50 mm high; 16
and 17
(b) the words `licensed pawnbroker' near the name of the 18
pawnbroker; and 19
(c) if a person in effective control of the business at a place is an 20
associate of the pawnbroker-- 21
(i) the associate's name in legible characters at least 50 mm 22
high; and 23
(ii) the word `associate' near the name of the associate. 24
Maximum penalty--50 penalty units. 25
s 53 31 s 55
Second-hand Dealers and Pawnbrokers Bill 2003
53 Pawnbroker must keep a property register 1
(1) A pawnbroker must keep a printed or an electronic register of 2
property taken as a pawn by the pawnbroker ("property register") in a 3
way prescribed under a regulation, for each authorised place for the 4
pawnbroker's licence. 5
Maximum penalty--200 penalty units. 6
(2) The pawnbroker must, before or immediately after the pawnbroker 7
gives a person money for property taken as a pawn from the person, enter 8
in the property register for the place the particulars prescribed under a 9
regulation for the pawned property. 10
Maximum penalty--200 penalty units. 11
54 Place property register to be kept 12
(1) Subsection (2) applies if a pawnbroker is authorised to carry on 13
business under the pawnbroker's licence at premises. 14
(2) The pawnbroker must keep the property register for the premises at 15
the premises. 16
Maximum penalty--100 penalty units. 17
(3) Subsection (4) applies if a pawnbroker is authorised to carry on 18
business under the pawnbroker's licence at a location and the pawnbroker 19
is not carrying on business as a pawnbroker at the location. 20
(4) The pawnbroker must keep the property register for the location at 21
the address stated on the licence under section 26(2)(b). 22
Maximum penalty--100 penalty units. 23
55 Pawnbroker must give information to commissioner of police 24
service 25
A pawnbroker must give the commissioner of the police service the 26
particulars prescribed under a regulation from the pawnbroker's property 27
register in the way, and within a period, prescribed under a regulation. 28
Maximum penalty--200 penalty units. 29
s 56 32 s 59
Second-hand Dealers and Pawnbrokers Bill 2003
56 False and misleading entries in property register 1
A person must not make a false or misleading entry in a property 2
register. 3
Maximum penalty--200 penalty units. 4
57 Person must not alter property register 5
(1) A person must not remove an entry in a property register. 6
Maximum penalty--200 penalty units. 7
(2) If a pawnbroker finds an error in an entry in the pawnbroker's 8
property register, the pawnbroker may correct the entry by making a new 9
entry for the transaction in the property register. 10
(3) In this section-- 11
"remove" includes alter, disguise, erase and make illegible or 12
unintelligible. 13
58 Pawnbroker must give a person a pawn ticket 14
(1) If a pawnbroker takes property as a pawn from a person, the 15
pawnbroker must give the person a legible copy of the entry made in the 16
pawnbroker's property register for the transaction (a "pawn ticket"). 17
Maximum penalty--200 penalty units. 18
(2) The pawn ticket must include the number allotted to the entry and the 19
name of the pawnbroker. 20
(3) The person has a right to receive a copy of the pawn ticket (a 21
"replacement pawn ticket") from the pawnbroker, if the person is able to 22
prove to the satisfaction of the pawnbroker, by declaration under the Oaths 23
Act 1867 or in another way-- 24
(a) the person's identity; and 25
(b) the pawn ticket was lost, destroyed or stolen. 26
59 Presumption of right to redeem 27
(1) This section applies if a person asks to redeem property taken as a 28
pawn by a pawnbroker and the person gives the pawnbroker a pawn ticket 29
or a replacement pawn ticket for the property. 30
s 60 33 s 61
Second-hand Dealers and Pawnbrokers Bill 2003
(2) The person is taken to be the owner of the ticket or to be acting under 1
the authority of the owner. 2
(3) The person has a right to redeem the property unless-- 3
(a) the property has been seized under section 905 or by a police 4
officer, and has not been returned to the pawnbroker; or 5
(b) before the pawnbroker gives the person the property, the 6
pawnbroker is informed-- 7
(i) by another person claiming to be the owner of the ticket that 8
the ticket has been lost or taken without the other person's 9
consent; or 10
(ii) by a credible person that the property has been stolen. 11
60 Pawnbroker must not sell property before redemption period 12
expires 13
(1) A pawnbroker must not sell or dispose of property, taken by the 14
pawnbroker as a pawn, before the redemption period expires for the 15
property. 16
Maximum penalty--200 penalty units. 17
(2) The redemption period for property taken as a pawn is 3 months from 18
the day the person pawned the property, or a longer period agreed between 19
the pawnbroker and the person. 20
(3) If a redemption period longer than 3 months is agreed to, the 21
pawnbroker must enter the agreed period in the property register for the 22
transaction. 23
Maximum penalty for subsection (3)--20 penalty units. 24
61 Disposal of pawned property 25
(1) Subsection (2) applies if the redemption period for property taken as 26
a pawn expires and the property is sold or disposed of. 27
(2) The pawnbroker must enter in the pawnbroker's property register the 28
particulars prescribed under a regulation for the property. 29
Maximum penalty--200 penalty units. 30
5 Section 90 (Power to seize evidence)
s 62 34 s 64
Second-hand Dealers and Pawnbrokers Bill 2003
62 If property is not redeemed within the redemption period 1
(1) Subsection (2) applies if-- 2
(a) a pawnbroker has advanced an amount less than $40, or a higher 3
amount prescribed under a regulation, for property taken by the 4
pawnbroker as a pawn; and 5
(b) the property has not been redeemed before the redemption period 6
for the property expires. 7
(2) On expiry of the redemption period, the property becomes the 8
property of the pawnbroker and the person who pawned the property loses 9
all claim to the property. 10
(3) Subsection (4) applies if-- 11
(a) a pawnbroker has advanced an amount that is at least $40, or a 12
higher amount prescribed under a regulation, for property taken 13
by the pawnbroker as a pawn; and 14
(b) the property has not been redeemed before the redemption period 15
for the property expires. 16
(4) On expiry of the redemption period, the pawnbroker may sell the 17
property free of any claim by the person who pawned the property. 18
63 Sale of pawned property 19
(1) If a redemption period for pawned property expires and section 62(4) 20
applies to the property, the property may be sold at the place where the 21
pawn was taken or by public auction. 22
(2) At least 4 days before property is sold by public auction, the 23
pawnbroker selling the property must give notice of the sale at least twice 24
in a newspaper circulating generally in the area the property was pawned. 25
Maximum penalty--100 penalty units. 26
(3) The notice must describe the property to be sold and state when it 27
was pawned. 28
64 Proceeds of sale of property 29
(1) A pawnbroker may deduct the following amounts from the proceeds 30
of the sale of property under section 63-- 31
(a) the costs of selling the property; 32
s 65 35 s 66
Second-hand Dealers and Pawnbrokers Bill 2003
(b) the total of the following amounts-- 1
(i) the advance made by the pawnbroker on the security of the 2
property; 3
(ii) the amount of interest the pawnbroker would have received 4
if the property was redeemed on the last day of the 5
redemption period for the property. 6
(2) If the proceeds of the sale of the property are more than the amounts 7
deducted under subsection (1), the pawnbroker must pay the balance of the 8
proceeds into a trust account maintained by the pawnbroker. 9
Maximum penalty--200 penalty units. 10
(3) The balance of the proceeds must be held in the trust account for the 11
person who pawned the property for 12 months after the property is sold. 12
Maximum penalty--200 penalty units. 13
(4) If the balance of the proceeds is not claimed by or for the person who 14
pawned the property within 12 months after the property is sold, the 15
pawnbroker must give the balance to the public trustee to be placed in the 16
unclaimed moneys fund and dealt with as unclaimed money. 17
Maximum penalty--200 penalty units. 18
65 Person may inspect property register 19
(1) Subsection (2) applies if a person gives a pawnbroker a pawn ticket 20
or a replacement pawn ticket for property taken by the pawnbroker as a 21
pawn from the person and the pawnbroker has sold or disposed of the 22
property. 23
(2) The person may-- 24
(a) inspect the property register containing the entry for the property; 25
and 26
(b) make a copy of the entry. 27
66 Recovery rights if pawn wrongly sold or disposed of 28
(1) This section applies if a pawnbroker sells or disposes of property 29
taken by the pawnbroker as a pawn before the redemption period expires 30
for the property. 31
s 67 36 s 69
Second-hand Dealers and Pawnbrokers Bill 2003
(2) The person who pawned the property may recover from the 1
pawnbroker as a debt-- 2
(a) if the pawnbroker sells the property, the greater of-- 3
(i) the fair value of the property when it was sold; and 4
(ii) the gross proceeds of the sale; or 5
(b) if the pawnbroker disposes of the property other than by 6
sale--the fair value of the property when it was disposed of. 7
(3) The court in which the person starts the action for debt may award 8
the person the costs the court considers reasonable. 9
(4) The person may recover an amount under this section whether or not 10
the pawnbroker is charged with an offence against section 60.6 11
67 Employees must not be under 17 12
A pawnbroker must not employ a person under 17 years to take property 13
as a pawn. 14
Maximum penalty--200 penalty units. 15
68 Pawnbroker taken to be in possession of property 16
(1) A pawnbroker is taken to be in possession of property located at a 17
place other than a place stated on a pawnbroker's licence if-- 18
(a) the property is found in a place occupied by the pawnbroker; or 19
(b) the property is under the control of the pawnbroker; or 20
(c) the pawnbroker did not sell the property in good faith and the 21
property has been moved to another place. 22
(2) Subsection (1) applies unless the contrary is proven. 23
69 Pawnbroker must not acquire property from particular persons 24
(1) A pawnbroker must not directly or indirectly take property as a pawn 25
from a person under 17 years, or who is under the influence of alcohol or a 26
drug. 27
6 Section 60 (Pawnbroker must not sell property before redemption period expires)
s 70 37 s 72
Second-hand Dealers and Pawnbrokers Bill 2003
Maximum penalty--200 penalty units. 1
(2) The pawnbroker does not contravene subsection (1) if the 2
pawnbroker believed, on reasonable grounds, that-- 3
(a) for property acquired from a person under 17 years--the person 4
was at least 17 years; or 5
(b) for property acquired from a person under the influence of 6
alcohol or a drug--the person was not under the influence of 7
alcohol or a drug. 8
70 Pawnbroker must ask for information 9
A pawnbroker must, before taking property as a pawn, obtain from the 10
person pawning the property the following information-- 11
(a) the person's name and address; 12
(b) verification of the person's name and address; 13
(c) whether or not the person is the owner of the property; 14
(d) if the person is not the owner of the property-- 15
(i) the name and address of the owner; and 16
(ii) how the person acquired the property. 17
Maximum penalty--200 penalty units. 18
71 Pawnbroker to inform police about stolen property 19
(1) Subsection (2) applies if a pawnbroker acquires property that may be 20
property described as stolen or unlawfully obtained in written, printed or 21
oral information given to the pawnbroker by a police officer or another 22
person. 23
(2) The pawnbroker must advise a police officer about the property, as 24
soon as practicable after becoming aware that the property may be stolen or 25
unlawfully obtained. 26
Maximum penalty--200 penalty units. 27
72 Pawnbroker to produce licence if asked 28
(1) This section applies if a person-- 29
s 73 38 s 75
Second-hand Dealers and Pawnbrokers Bill 2003
(a) acquires or intends to acquire property from a pawnbroker; or 1
(b) pawns or intends to pawn property to a pawnbroker. 2
(2) The person may, immediately before or within 24 hours after 3
acquiring or pawning the property, ask the pawnbroker to show the person 4
the pawnbroker's licence. 5
(3) The pawnbroker must show the person the licence. 6
Maximum penalty for subsection (3)--50 penalty units. 7
73 Holding out place as pawnbroker's business 8
A person must not hold out a place as being a place where a pawnbroker 9
carries on business if the place is not an authorised place for a pawnbroker. 10
Maximum penalty--200 penalty units. 11
74 Disposal of pledges if licence cancelled or not renewed 12
If the chief executive cancels or refuses to renew a pawnbroker's licence, 13
a person may apply to a Magistrates Court for an order to dispose of 14
property taken as a pawn under the licence in a way the court considers 15
appropriate. 16
PART 5--ENFORCEMENT 17
Division 1--Authorised officers 18
75 Appointment and qualifications 19
(1) The chief executive may appoint an officer of the department to be 20
an authorised officer. 21
(2) However, the chief executive may appoint a person as an authorised 22
officer only if the chief executive is satisfied the person is qualified for 23
appointment because the person has the necessary expertise or experience. 24
s 76 39 s 78
Second-hand Dealers and Pawnbrokers Bill 2003
76 Appointment conditions and limit on powers 1
(1) An authorised officer holds office on any conditions stated in-- 2
(a) the authorised officer's instrument of appointment; or 3
(b) a signed notice given to the authorised officer; or 4
(c) a regulation. 5
(2) The instrument of appointment, a signed notice given to the 6
authorised officer or a regulation may limit the authorised officer's powers 7
under this Act. 8
(3) In this section-- 9
"signed notice" means a notice signed by the chief executive. 10
77 Issue of identity card 11
(1) The chief executive must issue an identity card to each authorised 12
officer. 13
(2) The identity card must-- 14
(a) contain a recent photo of the authorised officer; and 15
(b) contain a copy of the authorised officers signature; and 16
(c) identify the person as an authorised officer under this Act; and 17
(d) state a date for the card. 18
(3) This section does not prevent the issue of a single card to a person for 19
this Act and other purposes. 20
78 Production or display of identity card 21
(1) In exercising a power under this Act in relation to a person, an 22
authorised officer must-- 23
(a) produce the authorised officer's identity card for the person's 24
inspection before exercising the power; or 25
(b) have the identity card displayed so it is clearly visible to the 26
person when exercising the power. 27
(2) However, if it is not practicable to comply with subsection (1), the 28
authorised officer must produce the identity card for the person's 29
inspection at the first reasonable opportunity. 30
s 79 40 s 81
Second-hand Dealers and Pawnbrokers Bill 2003
(3) For subsection (1), an authorised officer does not exercise a power in 1
relation to a person only because the authorised officer has entered a place 2
as mentioned in section 82(1)(b) or (2). 3
79 When authorised officer ceases to hold office 4
(1) An authorised officer ceases to hold office if any of the following 5
happens-- 6
(a) the term of office stated in a condition of office ends; 7
(b) under another condition of office, the authorised officer ceases to 8
hold office; 9
(c) the authorised officer's resignation under section 80 takes effect. 10
(2) Subsection (1) does not limit the ways an authorised officer may 11
cease to hold office. 12
(3) In this section-- 13
"condition of office" means a condition on which the authorised officer 14
holds office. 15
80 Resignation 16
An authorised officer may resign by signed notice given to the chief 17
executive. 18
81 Return of identity card 19
A person who ceases to be an authorised officer must return the person's 20
identity card to the chief executive within 21 days after ceasing to be an 21
authorised officer unless the person has a reasonable excuse. 22
Maximum penalty--20 penalty units. 23
s 82 41 s 83
Second-hand Dealers and Pawnbrokers Bill 2003
Division 2--Powers of authorised officers 1
Subdivision 1--Entry of places 2
82 Power to enter places 3
(1) An authorised officer may enter a place if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when it is open to the 6
public; or 7
(c) the entry is authorised by a warrant; or 8
(d) the place is an authorised place and is-- 9
(i) open for business; or 10
(ii) otherwise open for entry; or 11
(iii) required to be open for inspection under the licence. 12
(2) For the purpose of asking the occupier of a place for consent to enter, 13
an authorised officer may, without the occupier's consent or a warrant-- 14
(a) enter land around the place to an extent that is reasonable to 15
contact the occupier; or 16
(b) enter part of the place the authorised officer reasonably considers 17
members of the public ordinarily are allowed to enter when they 18
wish to contact the occupier. 19
(3) Subsection (1)(d) does not authorise entry to a part of a place where a 20
person resides. 21
Subdivision 2--Procedure for entry 22
83 Entry with consent 23
(1) This section applies if an authorised officer intends to ask an 24
occupier of a place to consent to the authorised officer or another 25
authorised officer entering the place under section 82(1)(a). 26
(2) Before asking for the consent, the authorised officer must tell the 27
occupier-- 28
s 84 42 s 84
Second-hand Dealers and Pawnbrokers Bill 2003
(a) the purpose of the entry; and 1
(b) that the occupier is not required to consent. 2
(3) If the consent is given, the authorised officer may ask the occupier to 3
sign an acknowledgment of the consent. 4
(4) The acknowledgment must state-- 5
(a) the occupier has been told-- 6
(i) the purpose of the entry; and 7
(ii) that the occupier is not required to consent; and 8
(b) the purpose of the entry; and 9
(c) the occupier gives the authorised officer consent to enter the 10
place and exercise powers under this part; and 11
(d) the time and date the consent was given. 12
(5) If the occupier signs the acknowledgment, the authorised officer 13
must immediately give a copy to the occupier. 14
(6) If-- 15
(a) an issue arises in a proceeding about whether the occupier 16
consented to the entry; and 17
(b) an acknowledgment complying with subsection (4) is not 18
produced in evidence for the entry; 19
the onus of proof is on the person relying on the lawfulness of the entry to 20
prove that the occupier consented. 21
84 Application for warrant 22
(1) An authorised officer may apply to a magistrate for a warrant for a 23
place. 24
(2) The application must be sworn and state the grounds on which the 25
warrant is sought. 26
(3) The magistrate may refuse to consider the application until the 27
authorised officer gives the magistrate all the information the magistrate 28
requires about the application in the way the magistrate requires. 29
30
Example--
31
The magistrate may require additional information supporting the application to be
32
given by statutory declaration.
s 85 43 s 86
Second-hand Dealers and Pawnbrokers Bill 2003
85 Issue of warrant 1
(1) The magistrate may issue a warrant only if the magistrate is satisfied 2
there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of an offence against this Act; and 5
(b) the evidence is at the place, or, within the next 7 days, may be at 6
the place. 7
(2) The warrant must state-- 8
(a) that a stated authorised officer may, with necessary and 9
reasonable help and force-- 10
(i) enter the place and any other place necessary for entry; and 11
(ii) exercise the authorised officer's powers under this part; and 12
(b) the offence for which the warrant is sought; and 13
(c) the evidence that may be seized under the warrant; and 14
(d) the hours of the day or night when the place may be entered; and 15
(e) the date, within 14 days after the warrant's issue, the warrant 16
ends. 17
86 Special warrants 18
(1) An authorised officer may apply for a warrant (a "special warrant") 19
by phone, fax, radio or another form of communication if the authorised 20
officer considers it necessary because of-- 21
(a) urgent circumstances; or 22
(b) other special circumstances, including, for example, the 23
authorised officer's remote location. 24
(2) Before applying for the special warrant, the authorised officer must 25
prepare an application stating the grounds on which the warrant is sought. 26
(3) The authorised officer may apply for the special warrant before the 27
application is sworn. 28
(4) After issuing the special warrant, the magistrate must immediately 29
fax a copy (a "facsimile warrant") to the authorised officer if it is 30
reasonably practicable to fax the copy. 31
s 87 44 s 87
Second-hand Dealers and Pawnbrokers Bill 2003
(5) If it is not reasonably practicable to fax a copy to the authorised 1
officer-- 2
(a) the magistrate must tell the authorised officer-- 3
(i) what the terms of the special warrant are; and 4
(ii) the date and time the special warrant is issued; and 5
(b) the authorised officer must complete a form of warrant (a 6
"warrant form") and write on it-- 7
(i) the magistrate's name; and 8
(ii) the date and time the magistrate issued the special warrant; 9
and 10
(iii) the terms of the special warrant. 11
(6) The facsimile warrant, or the warrant form properly completed by the 12
authorised officer, authorises the entry and the exercise of the other powers 13
stated in the special warrant issued. 14
(7) The authorised officer must, at the first reasonable opportunity, send 15
to the magistrate-- 16
(a) the sworn application; and 17
(b) if the authorised officer completed a warrant form--the 18
completed warrant form. 19
(8) On receiving the documents, the magistrate must attach them to the 20
special warrant. 21
(9) If-- 22
(a) an issue arises in a proceeding about whether an exercise of 23
power was authorised by a special warrant; and 24
(b) the warrant is not produced in evidence; 25
the onus of proof is on the person relying on the lawfulness of the exercise 26
of the power to prove a special warrant authorised the exercise of the 27
power. 28
87 Warrants--procedure before entry 29
(1) This section applies if an authorised officer named in a warrant 30
issued under this part for a place is intending to enter the place under the 31
warrant. 32
s 88 45 s 88
Second-hand Dealers and Pawnbrokers Bill 2003
(2) Before entering the place, the authorised officer must do, or make a 1
reasonable attempt to do, the following things-- 2
(a) identify himself or herself to a person present at the place who is 3
an occupier of the place by producing a copy of the authorised 4
officer's identity card or other document evidencing the 5
authorised officer's appointment; 6
(b) give the person a copy of the warrant or, if the entry is authorised 7
by a facsimile warrant or warrant form mentioned in 8
section 86(6), a copy of the facsimile warrant or warrant form; 9
(c) tell the person the authorised officer is permitted by the warrant 10
to enter the place; 11
(d) give the person an opportunity to allow the authorised officer 12
immediate entry to the place without using force. 13
(3) However, the authorised officer need not comply with subsection (2) 14
if the authorised officer believes on reasonable grounds that immediate 15
entry to the place is required to ensure the effective execution of the 16
warrant is not frustrated. 17
Subdivision 3--Powers after entry 18
88 General powers after entering places 19
(1) This section applies to an authorised officer who enters a place under 20
this part. 21
(2) For monitoring or enforcing compliance with this Act, the authorised 22
officer may-- 23
(a) search any part of the place; or 24
(b) examine, inspect, photograph or film any part of the place or 25
anything at the place; or 26
(c) take a sample of anything at the place; or 27
(d) take an extract from, or copy, a document at the place; or 28
(e) take into or onto the place any person, equipment or material the 29
authorised officer reasonably requires for exercising a power 30
under this part; or 31
s 89 46 s 90
Second-hand Dealers and Pawnbrokers Bill 2003
(f) require the occupier of the place, or a person at the place, to give 1
the authorised officer reasonable help to exercise the authorised 2
officer's powers mentioned in paragraphs (a) to (e). 3
4
Example of paragraph (f)--
5
It may be reasonable for a person who can operate a computer to help an
6
authorised officer access a document on the computer so it can be
7
inspected.
(3) When making a requirement mentioned in subsection (2)(f), the 8
authorised officer must warn the person it is an offence to fail to comply 9
with the requirement, unless the person has a reasonable excuse. 10
(4) A person required to give reasonable help under subsection (2) must 11
comply with the requirement, unless the person has a reasonable excuse. 12
Maximum penalty--50 penalty units. 13
(5) If the help is required to be given to an authorised officer by-- 14
(a) answering a question; or 15
(b) producing a document, other than a licence or a register required 16
to be kept under this Act; 17
it is a reasonable excuse for the person to fail to answer the question, or 18
produce the document, if complying with the requirement might tend to 19
incriminate the person. 20
89 Licensee to show licence if asked 21
(1) An authorised officer who enters a place under this part may ask a 22
licensee to show the authorised officer the licensee's licence or a copy of 23
the licence. 24
(2) The licensee must show the authorised officer the licence or a copy of 25
the licence, unless the licensee has a reasonable excuse. 26
Maximum penalty--50 penalty units. 27
Subdivision 4--Power to seize evidence 28
90 Power to seize evidence 29
(1) An authorised officer who enters a place under this part other than 30
under a warrant may seize a thing in the place if-- 31
s 91 47 s 92
Second-hand Dealers and Pawnbrokers Bill 2003
(a) the authorised officer reasonably believes the thing is evidence of 1
an offence against this Act; and 2
(b) for an entry made with the occupier's consent, seizure of the 3
thing is consistent with the purpose of entry as told to the 4
occupier. 5
(2) An authorised officer who enters a place under a warrant may seize 6
the evidence for which the warrant was issued. 7
(3) An authorised officer entering a place under this part may also seize 8
anything else in the place if the authorised officer reasonably believes-- 9
(a) the thing is evidence of an offence against this Act; and 10
(b) the seizure is necessary to prevent the thing being hidden, lost or 11
destroyed or used to commit, continue or repeat the offence. 12
91 Receipt for seized things 13
(1) As soon as possible after an authorised officer seizes a thing ("seized 14
thing"), the authorised officer must give a receipt for the seized thing to 15
the person from whom it was seized. 16
(2) However, if for any reason it is not practicable to comply with 17
subsection (1), the authorised officer must leave the receipt at the place of 18
seizure, in a reasonably secure way and in a conspicuous position. 19
(3) The receipt must describe generally each seized thing and its 20
condition. 21
(4) This section does not apply to a seized thing if it is impracticable or 22
would be unreasonable to give the receipt, given the thing's nature, 23
condition and value. 24
92 Access to seized things 25
(1) Until a seized thing is returned, an authorised officer must allow a 26
person who would be entitled to the seized thing, if it were not in the 27
authorised officer's possession, to inspect it and, if it is a document, to take 28
extracts from it or copy it. 29
(2) Subsection (1) does not apply if it is impracticable or would be 30
unreasonable to allow the inspection or copying. 31
s 93 48 s 95
Second-hand Dealers and Pawnbrokers Bill 2003
93 Return of seized things 1
(1) An authorised officer must return a seized thing to the person entitled 2
to the possession of the thing at the end of-- 3
(a) 1 year; or 4
(b) if a proceeding for an offence involving it is started within 5
1 year-- the proceeding and any appeal from the proceeding. 6
(2) Despite subsection (1), the authorised officer must immediately 7
return the seized thing to the person entitled to the possession of the thing if 8
the authorised officer is satisfied that-- 9
(a) its retention as evidence is no longer necessary; and 10
(b) its return is not likely to result in its use in repeating an offence 11
against this Act. 12
94 Compensation 13
(1) A person may claim compensation from the State if the person incurs 14
loss or expense because of the exercise or purported exercise of a power 15
under this part. 16
(2) Payment of compensation may be claimed and ordered in a 17
proceeding for-- 18
(a) compensation brought in a court of competent jurisdiction; or 19
(b) an offence against this Act brought against the person making the 20
claim for compensation. 21
(3) A court may order the payment of compensation for the loss or 22
expense only if it is satisfied it is just to make the order in the 23
circumstances of the particular case. 24
Subdivision 5--Power to require information 25
95 Power to require name and address 26
(1) This section applies if an authorised officer-- 27
(a) finds a person committing an offence against this Act; or 28
s 96 49 s 96
Second-hand Dealers and Pawnbrokers Bill 2003
(b) finds a person in circumstances that lead, or has information that 1
leads, the authorised officer to reasonably suspect the person has 2
just committed an offence against this Act. 3
(2) The authorised officer may require the person to state the person's 4
name and address. 5
(3) When making the requirement, the authorised officer must warn the 6
person it is an offence to fail to state the person's name or address, unless 7
the person has a reasonable excuse. 8
(4) The authorised officer may require the person to give evidence of the 9
correctness of the stated name or address if the authorised officer 10
reasonably suspects the stated name or address is false. 11
(5) A person must comply with a requirement under subsection (2) 12
or (4), unless the person has a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(6) A person does not commit an offence against subsection (5) if-- 15
(a) the person was required to state the person's name and address 16
by an authorised officer who suspected the person had committed 17
an offence against this Act; and 18
(b) the person is not proved to have committed the offence. 19
PART 6--GENERAL OFFENCES, LEGAL 20
PROCEEDINGS AND APPEALS 21
Division 1--General offences 22
96 False or misleading information 23
(1) A person must not give information to the chief executive or an 24
authorised officer that the person knows is false or misleading in a material 25
particular. 26
Maximum penalty--200 penalty units. 27
(2) Subsection (1) does not apply to information given in a document if 28
the person when giving the document-- 29
s 97 50 s 99
Second-hand Dealers and Pawnbrokers Bill 2003
(a) informs the chief executive or the authorised officer, to the best 1
of the person's ability, how the information is false or 2
misleading; and 3
(b) if the person has, or can reasonably obtain, the correct 4
information--gives the correct information. 5
(3) It is enough for a complaint against a person for an offence against 6
subsection (1) to state that the information was `false or misleading', 7
without specifying whether it was false or was misleading. 8
97 Obstruction of authorised officers 9
(1) A person must not obstruct an authorised officer, or someone helping 10
an authorised officer, in the exercise of a power under this Act, unless the 11
person has a reasonable excuse. 12
Maximum penalty--200 penalty units. 13
(2) If a person obstructs an authorised officer in the exercise of a power 14
under this Act and the authorised officer decides to exercise the power, the 15
authorised officer must first warn the person that-- 16
(a) it is an offence to obstruct the authorised officer, unless the 17
person has a reasonable excuse; and 18
(b) the authorised officer considers the person's conduct is an 19
obstruction. 20
(3) In this section-- 21
"obstruct" includes hinder, resist and attempt to obstruct. 22
98 Forging a licence 23
(1) A person must not forge a licence. 24
Maximum penalty--200 penalty units. 25
(2) In this section-- 26
"forge" see the Criminal Code, section 1. 27
99 Person not to possess a licence without reasonable excuse 28
(1) A person who is not a licensee must not, without a reasonable excuse, 29
possess-- 30
s 100 51 s 102
Second-hand Dealers and Pawnbrokers Bill 2003
(a) a licence; or 1
(b) a document resembling a licence. 2
Maximum penalty--200 penalty units. 3
(2) A person who is not a licensee must not, without a reasonable excuse, 4
possess a licence that has been-- 5
(a) cancelled or suspended; or 6
(b) surrendered or expired. 7
Maximum penalty-- 8
(a) if paragraph (a) applies--100 penalty units; or 9
(b) if paragraph (b) applies--20 penalty units. 10
100 Person not to use or allow another person to use a licence 11
A person must not-- 12
(a) use a licence issued to another person; or 13
(b) allow a licence issued to the person to be used by another person. 14
Maximum penalty--200 penalty units. 15
101 Person not to alter a licence 16
A person must not, unless authorised under this Act, alter a licence. 17
Maximum penalty--200 penalty units. 18
Division 2--Legal proceedings 19
102 Proceeding for offence 20
(1) A proceeding for an offence against this Act must be taken in a 21
summary way under the Justices Act 1886. 22
(2) A proceeding may be started within the later of the following-- 23
(a) 1 year after the offence is committed; 24
(b) 6 months after the offence comes to the complainant's 25
knowledge, but within 2 years after the offence is committed. 26
s 103 52 s 104
Second-hand Dealers and Pawnbrokers Bill 2003
103 Authorised officer may prosecute 1
An authorised officer may appear and act in court for the prosecution on 2
a proceeding under this Act, whether or not the authorised officer is the 3
complainant in the proceeding. 4
104 Evidence 5
(1) This section applies to a proceeding under this Act. 6
(2) Unless a party by reasonable notice requires proof, the appointment 7
of an official, or the authority of an official to do anything under this Act, 8
must be presumed. 9
(3) A signature purporting to be the signature of an official is evidence 10
of the signature it purports to be. 11
(4) A certificate purporting to be signed by an authorised officer and 12
stating any of the following matters is evidence of the matter-- 13
(a) that a specified document is a licence, or a copy of a licence, 14
granted under this Act; 15
(b) that on a specified day, or during a specified period, a specified 16
person was or was not a licensee; 17
(c) that a licence-- 18
(i) was or was not granted for a specified term; or 19
(ii) was or was not in force on a specified day or during a 20
specified period; or 21
(iii) was or was not subject to a specified condition; 22
(d) that a document is a copy of a document kept under this Act. 23
(5) Unless a party by reasonable notice requires proof, an entry in a 24
book, register or record kept by or found at a person's premises, must be 25
presumed to be made by or with the authority of the person. 26
(6) In this section-- 27
"official" means-- 28
(a) the chief executive; or 29
(b) the commissioner of the police service; or 30
(c) an authorised officer. 31
s 105 53 s 107
Second-hand Dealers and Pawnbrokers Bill 2003
105 Effect of conviction for dealing in or selling property obtained by 1
fraud 2
(1) Subsection (2) applies if a licensee is convicted of an offence 3
involving the licensee knowingly dealing in or selling property obtained by 4
fraud or by a dishonest means. 5
(2) A court may, as well as imposing any other penalty on the licensee, 6
do either or both of the following-- 7
(a) cancel the licensee's licence; 8
(b) order that the licensee may not hold a licence for 5 years after the 9
conviction. 10
106 Attempts to commit offences 11
A person who attempts to commit an offence against this Act commits an 12
offence against this Act. 13
Maximum penalty--half the penalty for the completed offence. 14
Division 3--Appeals 15
107 Right to appeal to Magistrates Court 16
(1) An applicant for a licence may appeal against a decision of the chief 17
executive to refuse to grant the licence. 18
(2) A licensee may appeal against a decision of the chief executive to-- 19
(a) suspend a licence; or 20
(b) cancel a licence; or 21
(c) refuse to renew or restore a licence; or 22
(d) impose a condition on a licence; or 23
(e) refuse to replace a licence. 24
(3) The appeal may be made to the Magistrates Court nearest the place 25
where the applicant or licensee resides or carries on, or proposes to carry 26
on, business under the licence. 27
s 108 54 s 110
Second-hand Dealers and Pawnbrokers Bill 2003
108 How to start appeal 1
(1) An appeal is started by-- 2
(a) filing a notice of appeal with the registrar of the Magistrates 3
Court; and 4
(b) serving a copy of the notice on the chief executive. 5
(2) The notice of appeal must be filed within 28 days after the appellant 6
receives an information notice of the decision appealed against. 7
(3) The court may at any time extend the period for filing the notice of 8
appeal. 9
(4) The notice of appeal must state the grounds of the appeal. 10
109 Stay of operation of decisions 11
(1) The court may grant a stay of a decision appealed against for the 12
purpose of securing the effectiveness of the appeal. 13
(2) A stay-- 14
(a) may be granted on conditions the court considers appropriate; 15
and 16
(b) has effect for the period specified by the court; and 17
(c) may be revoked or amended by the court. 18
(3) The period of a stay specified by the court must not extend past the 19
time when the court decides the appeal. 20
110 Hearing procedures 21
(1) The procedure for an appeal to a Magistrates Court under this Act is 22
to be in accordance with-- 23
(a) the rules of court for Magistrates Courts; or 24
(b) in the absence of relevant rules, directions of the court. 25
(2) An appeal is to be by way of rehearing, unaffected by the chief 26
executive's decision. 27
(3) In deciding an appeal, the court-- 28
(a) is not bound by the rules of evidence; and 29
(b) must observe natural justice. 30
s 111 55 s 112
Second-hand Dealers and Pawnbrokers Bill 2003
111 Powers of court on appeal 1
(1) In deciding an appeal, the court may-- 2
(a) confirm the decision appealed against; or 3
(b) vary the decision; or 4
(c) set aside the decision and substitute another decision; or 5
(d) set aside the decision and return the matter to the chief executive 6
with directions the court considers appropriate. 7
(2) The decision as varied or substituted may be any decision that the 8
chief executive may make. 9
(3) If the court substitutes another decision, the substituted decision is, 10
for the purposes of this Act other than this division, taken to be the chief 11
executive's decision. 12
PART 7--GENERAL PROVISIONS 13
112 Executive officers must ensure corporation complies with Act 14
(1) The executive officers of a corporation must ensure that the 15
corporation complies with this Act. 16
(2) If a corporation commits an offence against a provision of this Act, 17
each of the executive officers of the corporation also commits an offence, 18
namely, the offence of failing to ensure the corporation complies with the 19
provision. 20
Maximum penalty--the penalty for the contravention of the provision by 21
an individual. 22
(3) Evidence that the corporation has committed an offence against a 23
provision of this Act is evidence that each of the executive officers 24
committed the offence of failing to ensure the corporation complies with 25
the provision. 26
(4) However, it is a defence for an executive officer to prove that-- 27
(a) if the officer was in a position to influence the conduct of the 28
corporation in relation to the offence, the officer took all 29
s 113 56 s 115
Second-hand Dealers and Pawnbrokers Bill 2003
reasonable steps to ensure the corporation complied with the 1
provision; or 2
(b) the officer was not in a position to influence the conduct of the 3
corporation in relation to the offence. 4
(5) For subsection (4)(a), it is sufficient for the executive officer to prove 5
that the act or omission that was the offence was done or made without the 6
officer's knowledge despite the officer having taken all reasonable steps to 7
ensure the corporation complied with the provision. 8
113 Chief executive and authorised officers not civilly liable 9
(1) The chief executive or an authorised officer is not civilly liable for an 10
act done, or omission made, honestly and without negligence under this 11
Act. 12
(2) If subsection (1) prevents a civil liability attaching to the chief 13
executive or an authorised officer, the liability attaches instead to the State. 14
114 Approval of forms 15
The chief executive may approve forms for use under this Act. 16
115 Regulation-making power 17
(1) The Governor in Council may make regulations under this Act. 18
(2) Without limiting subsection (1), a regulation may be made about any 19
of the following matters-- 20
(a) fees, including refunding of fees; 21
(b) the keeping of registers and other records by licensees; 22
(c) duties of licensees; 23
(d) conditions on licensees; 24
(e) attaching or displaying names of licensees or associates to or on 25
premises. 26
(3) A regulation may provide for a maximum penalty of not more than 27
20 penalty units for a contravention of the regulation. 28
s 116 57 s 119
Second-hand Dealers and Pawnbrokers Bill 2003
PART 8--REPEALS AND CONSEQUENTIAL 1
AMENDMENTS 2
116 Repeals 3
The following Acts are repealed-- 4
� Pawnbrokers Act 1984 No. 12 5
� Second-hand Dealers and Collectors Act 1984 No. 59. 6
117 Consequential amendment 7
Schedule 2 amends the Acts it mentions. 8
PART 9--TRANSITIONAL PROVISIONS 9
Division 1--Interpretation 10
118 Definition for pt 8 11
In this part-- 12
"commencement" means the commencement of this part. 13
Division 2--Transitional provisions for repeal of the Second-hand 14
Dealers and Collectors Act 1984 15
119 Definition for div 2 16
In this division-- 17
"repealed Act" means the repealed Second-hand Dealers and Collectors 18
Act 1984. 19
s 120 58 s 123
Second-hand Dealers and Pawnbrokers Bill 2003
120 Existing second-hand dealer's licence 1
(1) A second-hand dealer's licence in force under the repealed Act 2
immediately before the commencement (a "previous second-hand 3
dealer's licence") is taken to be a second-hand dealer's licence under this 4
Act. 5
(2) The licence-- 6
(a) is taken to be subject to conditions and restrictions in the same 7
terms, as far as practicable, as the conditions and restrictions the 8
previous second-hand dealer's licence was subject; and 9
(b) expires when the previous second-hand dealer's licence would 10
have expired; and 11
(c) must not be the subject of renewal, restoration or reinstatement 12
under this Act. 13
121 Existing applications for previous licences 14
(1) If, before the commencement, an application was made under the 15
repealed Act and the application had not been decided, the application must 16
be decided by the chief executive as if the application were a similar 17
application under this Act. 18
(2) In this section-- 19
"application" means an application for-- 20
(a) a second-hand dealer's licence; or 21
(b) renewal or restoration of a second-hand dealer's licence; or 22
(c) replacement of a second-hand dealer's licence. 23
122 Notice of revocation 24
If, before the commencement, the chief executive gave a second-hand 25
dealer a notice of revocation under the repealed Act, and the second-hand 26
dealer's licence has not been revoked, the notice of revocation has effect as 27
if the repealed Act had not been repealed. 28
123 Surrender notice 29
If, before the commencement, the chief executive gave a second-hand 30
dealer a surrender notice under the repealed Act, and the surrender notice 31
s 124 59 s 127
Second-hand Dealers and Pawnbrokers Bill 2003
has not had effect, the repealed Act has effect in relation to the notice as if 1
the repealed Act had not been repealed. 2
124 Change of address 3
If, before the commencement, a second-hand dealer gave the chief 4
executive written notice of a change of address, and the chief executive has 5
not endorsed the second-hand dealer's licence with the change of address, 6
the notice is taken to be a notice of change of address under this Act. 7
125 Nominated property 8
If a second-hand dealer received property mentioned in section 47A of 9
the repealed Act within 7 clear working days before the commencement, 10
section 47A of the repealed Act applies to the property as if the repealed 11
Act had not been repealed. 12
126 Appeals to court 13
(1) Subsection (2) applies if a person appealed to a magistrates court 14
under the repealed Act before commencement and the appeal has not been 15
decided. 16
(2) The magistrates court may hear, or continue to hear, and decide the 17
appeal under the repealed Act as if the repealed Act had not been repealed. 18
(3) Subsection (4) applies if a person could have appealed to a 19
magistrates court under the repealed Act before commencement and the 20
person had not appealed before the commencement. 21
(4) The person may appeal as provided under the repealed Act, and the 22
magistrates court may hear and decide the appeal, as if the repealed Act had 23
not been repealed. 24
127 Existing authorised officers 25
A person who held an appointment as an authorised officer under the 26
repealed Act immediately before the commencement is taken to be 27
appointed as an authorised officer under this Act. 28
s 128 60 s 131
Second-hand Dealers and Pawnbrokers Bill 2003
128 References to repealed Act 1
In an Act or document, a reference to the repealed Act may, if the context 2
permits, be taken as a reference to this Act. 3
Division 3--Transitional provisions for repeal of the Pawnbrokers 4
Act 1984 5
129 Definition for div 3 6
In this division-- 7
"repealed Act" means the repealed Pawnbrokers Act 1984. 8
130 Existing pawnbroker's licence 9
(1) A pawnbroker's licence in force under the repealed Act immediately 10
before the commencement (a "previous pawnbroker's licence") is taken 11
to be a pawnbroker's licence under this Act. 12
(2) The licence-- 13
(a) is taken to be subject to conditions and restrictions in the same 14
terms, as far as practicable, as the conditions and restrictions to 15
which the previous pawnbroker's licence was subject; and 16
(b) expires when the previous pawnbroker's licence would have 17
expired; and 18
(c) must not be the subject of renewal, restoration or reinstatement 19
under this Act. 20
131 Existing applications for previous licences 21
(1) If, before the commencement, an application was made under the 22
repealed Act and the application had not been decided, the application must 23
be decided by the chief executive as if the application were an application 24
under this Act. 25
(2) In this section-- 26
"application" means an application for-- 27
(a) a pawnbroker's licence; or 28
s 132 61 s 136
Second-hand Dealers and Pawnbrokers Bill 2003
(b) renewal or restoration of a pawnbroker's licence; or 1
(c) replacement of a pawnbroker's licence. 2
132 Notice of revocation 3
If, before the commencement, the chief executive gave a pawnbroker a 4
notice of revocation under the repealed Act, and the pawnbroker's licence 5
has not been revoked, the notice of revocation has effect as if the repealed 6
Act had not been repealed. 7
133 Surrender notice 8
If, before the commencement, the chief executive gave a pawnbroker a 9
surrender notice under the repealed Act, and the surrender notice has not 10
had effect, the notice has effect as if the repealed Act had not been 11
repealed. 12
134 Change of address 13
If, before the commencement, a pawnbroker gave the chief executive 14
written notice of a change of address, and the chief executive has not 15
endorsed the pawnbroker's licence with the change of address, the notice is 16
taken to be a notice of change of address under this Act. 17
135 Property pawned before the commencement 18
(1) The nominated sections of the repealed Act continue to apply to 19
property taken as a pawn under the repealed Act before the commencement 20
as if the repealed Act had not been repealed. 21
(2) In this section-- 22
"nominated sections" means, to the extent that the sections are relevant, 23
sections 32, 33, 34, 35, 36, 38, 42, 55, 56 and 63. 24
136 Appeals to court 25
(1) Subsection (2) applies if a person appealed to a magistrates court 26
under the repealed Act before commencement and the appeal has not been 27
decided. 28
s 137 62 s 140
Second-hand Dealers and Pawnbrokers Bill 2003
(2) The magistrates court may hear, or continue to hear, and decide the 1
appeal under the repealed Act as if the repealed Act had not been repealed. 2
(3) Subsection (4) applies if a person could have appealed to a 3
magistrates court under the repealed Act before commencement and the 4
person had not appealed before the commencement. 5
(4) The person may appeal as provided under the repealed Act, and the 6
magistrates court may hear and decide the appeal, as if the repealed Act had 7
not been repealed. 8
137 Existing authorised officers 9
A person who held an appointment as an authorised officer under the 10
repealed Act immediately before the commencement is taken to be 11
appointed as an authorised officer under this Act. 12
138 References to repealed Act 13
In an Act or document, a reference to the repealed Act may, if the context 14
permits, be taken as a reference to this Act. 15
PART 10--AMENDMENT OF FUNERAL BENEFIT 16
BUSINESS ACT 1982 17
139 Act amended in pt 10 18
This part amends the Funeral Benefit Business Act 1982. 19
140 Amendment of s 5 (Definitions) 20
(1) Section 5-- 21
insert-- 22
` "authorised investment manager" means an entity that carries on a 23
business, regulated by Commonwealth of State legislation, of 24
investing money for another person. 25
"benefit" means funeral benefit. 26
s 140 63 s 140
Second-hand Dealers and Pawnbrokers Bill 2003
"funeral benefit agreement" means an agreement, for the supply of a 1
funeral benefit, between a contributor and an entity. 2
"nominated property" see section 25. 3
"part 3 corporation" means a corporation to which repealed section 7 4
applied. 5
"part 4 corporation" means a corporation, other than a part 3 corporation, 6
registered under this Act immediately before the commencement of 7
the Second-hand Dealers and Pawnbrokers Act 2003, section 139, to 8
carry on a funeral benefit business. 9
"registered corporation" means a part 3 corporation or part 4 corporation. 10
"repealed section 7" means section 7 as in force immediately before its 11
repeal by the Statute Law Revision Act 1995, section 4, schedule 1 and 12
to which, under section 5(3) and schedule 9 of that Act, the Acts 13
Interpretation Act 1954, section 20A applies.'. 14
(2) Section 5, definition "approved form"-- 15
omit, insert-- 16
` "approved form" means a form approved by the chief executive under 17
section 88.'. 18
(3) Section 5, definition "contributor", `a corporation'-- 19
omit, insert-- 20
`an entity'. 21
(4) Section 5, definition "contributor", `such corporation'-- 22
omit, insert-- 23
`the entity'. 24
(5) Section 5, definition "corporation"-- 25
omit, insert-- 26
` "corporation"-- 27
(a) generally, has the meaning given by the Corporations Act, but 28
does not include an exempt body within the meaning of that Act; 29
and 30
(b) for part 5, see section 49.'. 31
s 141 64 s 143
Second-hand Dealers and Pawnbrokers Bill 2003
(6) Section 5, definition "funeral benefit", `or "benefit"'-- 1
omit. 2
141 Amendment of pt 3, hdg (Funeral benefit businesses of 3
corporations registered at commencement of this Act) 4
Part 3, heading, `FUNERAL BENEFIT BUSINESSES OF'-- 5
omit, insert-- 6
`EXISTING AGREEMENTS WITH'. 7
142 Insertion of new s 8 8
Part 3-- 9
insert-- 10
`8 Application of pt 3 11
`This part applies to a part 3 corporation in relation to funeral benefit 12
agreements entered into by the corporation and in force immediately before 13
the commencement of the Second-hand Dealers and Pawnbrokers Act 14
2003, section 139.'. 15
143 Amendment of s 14 (Benefits trust funds) 16
(1) Section 14(1), (2) and (3)-- 17
insert-- 18
`Maximum penalty--2 penalty units.'. 19
(2) Section 14-- 20
insert-- 21
`(4) An offence against subsection (1), (2) or (3) is a continuing offence 22
and may be charged in 1 or more complaints for periods the offence 23
continues. 24
`Maximum penalty for each day the offence continues after a conviction 25
against subsection (1), (2) or (3)--1 penalty unit.'. 26
s 144 65 s 146
Second-hand Dealers and Pawnbrokers Bill 2003
144 Amendment of s 15 (Payment of moneys into the fund) 1
(1) Section 15(1)-- 2
insert-- 3
`Maximum penalty--2 penalty units.'. 4
(2) Section 15-- 5
insert-- 6
`(3) An offence against subsection (1) is a continuing offence and may 7
be charged in 1 or more complaints for periods the offence continues. 8
`Maximum penalty for each day the offence continues after a conviction 9
against subsection (1)--1 penalty unit.'. 10
145 Amendment of s 19 (Annual returns to be furnished by 11
corporation) 12
Section 19-- 13
insert-- 14
`Maximum penalty--2 penalty units. 15
`(2) An offence against subsection (1) is a continuing offence and may 16
be charged in 1 or more complaints for periods the offence continues. 17
`Maximum penalty for each day the offence continues after a conviction 18
against subsection (1)--1 penalty unit.'. 19
146 Amendment of s 20 (Quinquennial valuation) 20
Section 20(3)-- 21
insert-- 22
`Maximum penalty--2 penalty units. 23
`(3A) An offence against subsection (3) is a continuing offence and may 24
be charged in 1 or more complaints for periods the offence continues. 25
`Maximum penalty for each day the offence continues after a conviction 26
against subsection (3)--1 penalty unit.'. 27
s 147 66 s 150
Second-hand Dealers and Pawnbrokers Bill 2003
147 Amendment of s 22 (Where assets more than sufficient to meet 1
liabilities) 2
Section 22(3)-- 3
insert-- 4
`Maximum penalty--2 penalty units. 5
`(3A) An offence against subsection (3) is a continuing offence and may 6
be charged in 1 or more complaints for periods the offence continues. 7
`Maximum penalty for each day the offence continues after a conviction 8
against subsection (3)--1 penalty unit.'. 9
148 Amendment of s 23 (Corporation to change rules) 10
Section 23(1)-- 11
insert-- 12
`Maximum penalty--2 penalty units. 13
`(1A) An offence against subsection (1) is a continuing offence and may 14
be charged in 1 or more complaints for periods the offence continues. 15
`Maximum penalty for each day the offence continues after a conviction 16
against subsection (1)--1 penalty unit.'. 17
149 Replacement of pt 4, hdg (Registration of corporations under this 18
Act to carry on funeral benefit business) 19
Part 4, heading-- 20
omit, insert-- 21
`EXISTING AGREEMENTS WITH CORPORATIONS 22
REGISTERED AFTER THE COMMENCEMENT OF 23
THIS ACT'. 24
150 Replacement of ss 24 to 31 25
Part 4, sections 24 to 31-- 26
omit, insert-- 27
s 151 67 s 153
Second-hand Dealers and Pawnbrokers Bill 2003
`24 Application of pt 4 1
`This part applies to a part 4 corporation in relation to funeral benefit 2
agreements entered into by the corporation and in force immediately before 3
the commencement of the Second-hand Dealers and Pawnbrokers Act 4
2003, section 139. 5
`25 Meaning of "nominated property" 6
"Nominated property", for a part 4 corporation, means-- 7
(a) the property, if any, that was the corporation's nominated 8
property for section 31 (the "repealed section") as in force 9
immediately before its repeal by the Second-hand Dealers and 10
Pawnbrokers Act 2003; and 11
(b) property nominated under section 44(d) as nominated property or 12
additional nominated property that would be nominated property 13
for the repealed section were it not repealed.'. 14
151 Amendment of s 32 (Provisions to be contained in rules) 15
Section 32, from `The rules' to `business shall'-- 16
omit, insert-- 17
`The rules relating to the funeral benefit business of a part 4 corporation 18
must'. 19
152 Omission of ss 33 to 35 20
Sections 33 to 35-- 21
omit. 22
153 Amendment of s 36 (Certificate of registration) 23
(1) Section 36(1)-- 24
omit. 25
(2) Section 36(2)-- 26
insert-- 27
`Maximum penalty--2 penalty units.'. 28
s 154 68 s 155
Second-hand Dealers and Pawnbrokers Bill 2003
(3) Section 36(2), as amended-- 1
renumber as section 36(1). 2
(4) Section 36-- 3
insert-- 4
`(2) An offence against subsection (1) is a continuing offence and may 5
be charged in 1 or more complaints for periods the offence continues. 6
`Maximum penalty for each day the offence continues after a conviction 7
against subsection (1)--1 penalty unit.'. 8
154 Omission of s 37 (Refusal of registration) 9
Section 37-- 10
omit. 11
155 Amendment of s 38 (Funeral benefit business trust fund account) 12
(1) Section 38(1), `, upon registration, open and'-- 13
omit. 14
(2) Section 38(2)(b)-- 15
omit. 16
(3) Section 38(1) and (2)-- 17
insert-- 18
`Maximum penalty--2 penalty units.'. 19
(4) Section 38(3) and (4)-- 20
omit, insert-- 21
`(3) An offence against subsections (1) or (2) is a continuing offence and 22
may be charged in 1 or more complaints for periods the offence continues. 23
`Maximum penalty for each day the offence continues after a conviction 24
against subsection (1) or (2)--1 penalty unit.'. 25
s 156 69 s 159
Second-hand Dealers and Pawnbrokers Bill 2003
156 Amendment of s 39 (Funeral benefit business trust fund) 1
Section 39, from `or moneys paid' to `section 34'-- 2
omit. 3
157 Amendment of s 40 (Investment of moneys) 4
Section 40(3)-- 5
omit, insert-- 6
`(3) Subject to subsection (6), a corporation must pay any interest, rent, 7
dividend or other income or return derived from the investment of moneys 8
under this section or from nominated property, immediately on its receipt, 9
into the funeral benefit business trust fund account. 10
`Maximum penalty--2 penalty units. 11
`(3A) An offence against subsection (3) is a continuing offence and may 12
be charged in 1 or more complaints for periods the offence continues. 13
`Maximum penalty for each day the offence continues after a conviction 14
against subsection (1)--1 penalty unit.'. 15
158 Amendment of s 41 (Application of funeral benefit business trust 16
fund) 17
(1) Section 41(7) and (8)-- 18
insert-- 19
`Maximum penalty--2 penalty units.'. 20
(2) Section 41-- 21
insert-- 22
`(12) An offence against subsection (7) or (8) is a continuing offence and 23
may be charged in 1 or more complaints for periods the offence continues. 24
`Maximum penalty for each day the offence continues after a conviction 25
against subsection (7) or (8)--1 penalty unit.'. 26
159 Amendment of s 42 (Annual returns to be furnished by 27
corporation) 28
Section 42-- 29
s 160 70 s 162
Second-hand Dealers and Pawnbrokers Bill 2003
insert-- 1
`Maximum penalty--2 penalty units. 2
`(2) An offence against subsection (1) is a continuing offence and may 3
be charged in 1 or more complaints for periods the offence continues. 4
`Maximum penalty for each day the offence continues after a conviction 5
against subsection (1)--1 penalty unit.'. 6
160 Amendment of s 43 (Quinquennial valuation) 7
Section 43(3)-- 8
insert-- 9
`Maximum penalty--2 penalty units. 10
`(3A) An offence against subsection (3) is a continuing offence and may 11
be charged in 1 or more complaints for periods the offence continues. 12
`Maximum penalty for each day the offence continues after a conviction 13
against subsection (3)--1 penalty unit.'. 14
161 Amendment of s 44 (Where assets insufficient to meet liabilities) 15
Section 44(d), `in accordance with section 31,' and footnote-- 16
omit, insert-- 17
`by a valuer,'. 18
162 Amendment of s 46 (Corporation to change rules) 19
Section 46(1)-- 20
insert-- 21
`Maximum penalty--2 penalty units. 22
`(1A) An offence against subsection (1) is a continuing offence and may 23
be charged in 1 or more complaints for periods the offence continues. 24
`Maximum penalty for each day the offence continues after a conviction 25
against subsection (1)--1 penalty unit.'. 26
s 163 71 s 166
Second-hand Dealers and Pawnbrokers Bill 2003
163 Amendment of s 47 (Register of contributors) 1
(1) Section 47(1), (2), (3), (4), (5) and (6)-- 2
insert-- 3
`Maximum penalty--2 penalty units.'. 4
(2) Section 47-- 5
insert-- 6
`(7) An offence against subsection (1), (2), (3), (4), (5) or (6) is a 7
continuing offence and may be charged in 1 or more complaints for periods 8
the offence continues. 9
`Maximum penalty for each day the offence continues after a conviction 10
against subsection (1), (2), (3), (4), (5) or (6)--1 penalty unit.'. 11
164 Amendment of s 48 (Receipts) 12
Section 48-- 13
insert-- 14
`Maximum penalty--2 penalty units. 15
`(2) An offence against subsection (1) is a continuing offence and may 16
be charged in 1 or more complaints for periods the offence continues. 17
`Maximum penalty for each day the offence continues after a conviction 18
against subsection (1)--1 penalty unit.'. 19
165 Amendment of pt 5, hdg (Sale of funeral benefit businesses and 20
cancellation of registration provisions) 21
Part 5, heading, after `PROVISIONS'-- 22
insert-- 23
`FOR PART 3 AND 4 CORPORATIONS'. 24
166 Replacement of s 49 (Interpretation) 25
Section 49-- 26
omit, insert-- 27
s 167 72 s 170
Second-hand Dealers and Pawnbrokers Bill 2003
`49 Definition for pt 5 1
`In this part-- 2
"corporation" means a part 3 corporation or a part 4 corporation.'. 3
167 Amendment of s 50 (Sale of funeral benefit business) 4
(1) Section 50(1), from `another corporation' to `such a business'-- 5
omit, insert-- 6
`another entity'. 7
(2) Section 50(7)(a), from `property or,' -- 8
omit, insert-- 9
`property; and'. 10
168 Amendment of s 52 (Cancellation of registration by court) 11
(1) Section 52(1)(a), `, 35'-- 12
omit. 13
(2) Section 52(11B), `, (17)'-- 14
omit. 15
169 Omission of pt 6 16
Part 6-- 17
omit. 18
170 Replacement of pt 7, hdg (General provisions) 19
Part 7, heading-- 20
omit, insert-- 21
`PART 6--GENERAL PROVISIONS FOR REGISTERED 22
CORPORATIONS FOR PARTICULAR FUNERAL 23
BENEFIT AGREEMENTS'. 24
s 171 73 s 173
Second-hand Dealers and Pawnbrokers Bill 2003
171 Replacement of s 58 (Reference to registered corporation) 1
Section 58-- 2
omit, insert-- 3
`58 Application of pt 6 4
`This part applies to a registered corporation in relation to funeral benefit 5
agreements entered into by the corporation and in force immediately before 6
the commencement of the Second-hand Dealers and Pawnbrokers 7
Act 2003, section 139.'. 8
172 Amendment of s 59 (Nominated office) 9
(1) Section 59(1) and (2)-- 10
insert-- 11
`Maximum penalty--2 penalty units.'. 12
(2) Section 59-- 13
insert-- 14
`(1A) An offence against subsection (1) is a continuing offence and may 15
be charged in 1 or more complaints for periods the offence continues. 16
`Maximum penalty for each day the offence continues after a conviction 17
against subsection (1)--1 penalty unit.'. 18
173 Amendment of s 60 (Secretary) 19
(1) Section 60(1) and (2)-- 20
insert-- 21
`Maximum penalty--2 penalty units.'. 22
(2) Section 60-- 23
insert-- 24
`(1A) An offence against subsection (1) is a continuing offence and may 25
be charged in 1 or more complaints for periods the offence continues. 26
`Maximum penalty for each day the offence continues after a conviction 27
against subsection (1)--1 penalty unit.'. 28
s 174 74 s 178
Second-hand Dealers and Pawnbrokers Bill 2003
174 Amendment of s 61 (Provisions as to rules) 1
Section 61(3)-- 2
insert-- 3
`Maximum penalty--2 penalty units. 4
`(3A) An offence against subsection (3) is a continuing offence and may 5
be charged in 1 or more complaints for periods the offence continues. 6
`Maximum penalty for each day the offence continues after a conviction 7
against subsection (3)--1 penalty unit.'. 8
175 Amendment of s 63 (Change of name of registered corporation) 9
Section 63(1) and (2)-- 10
insert-- 11
`Maximum penalty--2 penalty units.'. 12
176 Amendment of s 66 (How payments from accounts to be made) 13
Section 66-- 14
insert-- 15
`Maximum penalty--2 penalty units.'. 16
177 Amendment of s 67 (Compliance with requirements of registrar) 17
Section 67-- 18
insert-- 19
`Maximum penalty--2 penalty units. 20
`(2) An offence against subsection (1) is a continuing offence and may 21
be charged in 1 or more complaints for periods the offence continues. 22
`Maximum penalty for each day the offence continues after a conviction 23
against subsection (1)--1 penalty unit.'. 24
178 Amendment of s 69 (Powers of inspectors) 25
Section 69(1)(a) and (d), before `corporation'-- 26
s 179 75 s 182
Second-hand Dealers and Pawnbrokers Bill 2003
insert-- 1
`registered'. 2
179 Omission of s 73 (General penalty) 3
Section 73-- 4
omit. 5
180 Amendment of s 75 (Institution of proceedings) 6
(1) Section 75(1)-- 7
omit. 8
(2) Section 75(2), `Subject to subsection (1), proceedings'-- 9
omit, insert-- 10
`Proceedings'. 11
181 Amendment of s 76 (Offence by body corporate) 12
(1) Section 76, heading, `body corporate'-- 13
omit, insert-- 14
`corporation'. 15
(2) Section 76, `body corporate'-- 16
omit, insert-- 17
`corporation'. 18
182 Amendment of s 80 (Regulations) 19
(1) Section 80(2)(d) and (k)-- 20
omit. 21
(2) Section 80(2)(b) to (j)-- 22
renumber as section 80(2)(a) to (h). 23
s 183 76 s 184
Second-hand Dealers and Pawnbrokers Bill 2003
183 Relocation and renumbering of ss 74 to 81 1
Sections 74 to 81, as amended-- 2
relocate and renumber in part 8, as sections 81 to 88. 3
184 Insertion of new pt 7 4
After section 72-- 5
insert-- 6
`PART 7--AGREEMENTS ENTERED INTO AFTER THE 7
COMMENCEMENT OF THE SECOND-HAND 8
DEALERS AND PAWNBROKERS ACT 2003 9
`73 Application of pt 7 10
`This part applies if a person enters, or proposes to enter, into a funeral 11
benefit agreement with an entity after the commencement of the 12
Second-hand Dealers and Pawnbrokers Act 2003, section 139. 13
`74 Client care statement 14
`(1) Before entering into the funeral benefit agreement with the person, 15
the entity must give the person a clear and legible written statement (a 16
"client care statement") in the approved form. 17
Maximum penalty--134 penalty units. 18
`(2) After giving the person the client care statement and before entering 19
into the agreement with the person, the entity must-- 20
(a) explain the contents of the client care statement to the person; 21
and 22
(b) obtain a written acknowledgement from the person that the 23
person has received and understands the client care statement. 24
Maximum penalty--134 penalty units. 25
`(3) The client care statement may be in the form of a separate document 26
or a part of the funeral benefit agreement entered into with the person. 27
s 184 77 s 184
Second-hand Dealers and Pawnbrokers Bill 2003
`75 Person must be given copy of agreement 1
`Immediately after entering into a funeral benefit agreement with a 2
person, the entity must-- 3
(a) if the client care statement is not part of the funeral benefit 4
agreement--give the person a clear and legible copy of the 5
agreement signed by the person and the entity; or 6
(b) if the client care statement is part of the funeral benefit 7
agreement--sign the copy of the agreement given to the person. 8
Maximum penalty--134 penalty units. 9
`76 Cooling-off period 10
`Within 30 clear days after the entity gives the person the signed copy of 11
the funeral benefit agreement, the person may, by signed notice given to 12
the entity, end the agreement. 13
`77 Consequences of exercising rights in cooling-off period 14
`(1) If the person ends a funeral benefit agreement under section 76-- 15
(a) the entity is entitled to the amount prescribed under a regulation 16
or, if no amount is prescribed, $50; and 17
(b) the entity must refund to the person the whole of the amount the 18
person has paid to the entity under the agreement, other than an 19
amount the entity is entitled to under paragraph (a); and 20
(c) subject to paragraph (a), the person is not liable to the entity in 21
any way for ending the agreement. 22
`(2) The entity must refund the amount mentioned in subsection (1)(b) 23
within 7 days after receiving the person's notice. 24
Maximum penalty--134 penalty units. 25
`(3) Subsection (1)(c) has effect despite anything to the contrary in the 26
contract. 27
`78 Person to be advised that the person may enter into an agreement 28
with an authorised investment manager 29
`(1) Subsection (2) applies to an entity other than an authorised 30
investment manager. 31
s 184 78 s 184
Second-hand Dealers and Pawnbrokers Bill 2003
`(2) Before the entity enters into a funeral benefit agreement with a 1
person, the entity must advise the person that the person may instead enter 2
into a funeral benefit agreement with an authorised investment manager. 3
Maximum penalty--134 penalty units. 4
`79 Application of Trusts Act 1973 5
`(1) This section applies to an entity other than-- 6
(a) an authorised deposit-taking institution under the Banking Act 7
1959 (Cwlth); or 8
(b) a company registered under the Life Insurance Act 1995 (Cwlth). 9
`(2) The nominated Trusts Act provisions apply to payments made by a 10
contributor to the entity under a funeral benefits agreement as if the entity 11
were a trustee, and the payments were trust property, within the meaning of 12
the Trusts Act 1973. 13
`(3) In this section-- 14
"nominated Trusts Act provisions" mean the following provisions of the 15
Trusts Act 1973-- 16
(a) part 1; 17
(b) part 2, other than sections 17 and 18; 18
(c) part 3, other than sections 28, 30 and 30A; 19
(d) part 4, other than sections 32 to 48, 53 and 57; 20
(e) part 5; 21
(f) part 6, other than sections 66, 67, 73 to 75, and 78; 22
(g) part 7, other than sections 84, 86 to 89, 93 and 95; 23
(h) part 9, other than sections 110, 112 and 113. 24
`80 Application of Trust Accounts Act 1973 25
`(1) This section applies to an entity other than-- 26
(a) an authorised deposit-taking institution under the Banking Act 27
1959 (Cwlth); or 28
(b) a company registered under the Life Insurance Act 1995 (Cwlth). 29
s 184 79 s 184
Second-hand Dealers and Pawnbrokers Bill 2003
`(2) The nominated Trust Accounts Act provisions apply to payments 1
made by a contributor to the entity under a funeral benefits agreement as if 2
the entity were a trustee, and the payments were trust moneys, within the 3
meaning of the Trust Accounts Act 1973. 4
`(3) In this section-- 5
"nominated Trust Accounts Act provisions" mean the provisions of the 6
Trust Accounts Act 1973, other than sections 4C, 4D, 8, 11, 28A, 29, 7
31, 32, 34, 35 and 36. 8
`PART 8--GENERAL PROVISIONS FOR FUNERAL 9
BENEFIT BUSINESSES'. 10
80
Second-hand Dealers and Pawnbrokers Bill 2003
SCHEDULE 1 1
DISQUALIFYING OFFENCE PROVISIONS UNDER THE 2
CRIMINAL CODE 3
schedule 3, definition "disqualifying offence", paragraph (b) 4
1. Chapter 16 (Offences relating to the administration of justice) 5
2. Chapter 20 (Miscellaneous offences against public authority) 6
3. Chapter 36 (Stealing) 7
4. Chapter 37 (Offences analogous to stealing) 8
5. Chapter 38 (Stealing with violence--extortion by threats) 9
6. Chapter 40 (Other fraudulent practices) 10
7. Chapter 41 (Receiving property stolen or fraudulently obtained and 11
like offences) 12
8. Chapter 42 (Frauds by trustees and officers of companies and 13
corporations--false accounting) 14
9. Chapter 42A (Secret commissions) 15
10. Chapter 49 (Punishment of forgery and like offences) 16
11. Chapter 52 (Personation) 17
12. Chapter 56 (Conspiracy) 18
81
Second-hand Dealers and Pawnbrokers Bill 2003
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENTS 2
section 117 3
CREDIT ACT 1987 4
1 Schedule 9, section 3(a), `Pawnbrokers Act 1984'-- 5
omit, insert-- 6
`Second-hand Dealers and Pawnbrokers Act 2003'. 7
ELECTRONIC TRANSACTIONS (QUEENSLAND) ACT 8
2001 9
1 Schedule 1, part 1, `Pawnbrokers Act 1984' and `Second-hand 10
Dealers and Collectors Act 1984'-- 11
omit. 12
2 Schedule 1, part 1-- 13
insert-- 14
`Second-hand Dealers and Pawnbrokers Act 2003'. 15
POLICE POWERS AND RESPONSIBILITIES ACT 2000 16
1 Schedule 4, definition "identifying particulars offence", 17
paragraph (b), `Pawnbrokers Act 1984' and `Second-hand Dealers 18
and Collectors Act 1984'-- 19
omit. 20
82
Second-hand Dealers and Pawnbrokers Bill 2003
SCHEDULE 2 (continued)
2 Schedule 4, definition "identifying particulars offence", 1
paragraph (b), -- 2
insert-- 3
� `Second-hand Dealers and Pawnbrokers Act 2003'. 4
83
Second-hand Dealers and Pawnbrokers Bill 2003
SCHEDULE 3 1
DICTIONARY 2
section 4 3
"acquire", property, includes buy the property and receive the property as 4
a gift. 5
"approved form" means a form approved by the chief executive under 6
section 114. 7
"associate" see section 5(1). 8
"authorised officer" means a person who holds an appointment as an 9
authorised officer under section 75. 10
"authorised place" see section 24. 11
"commencement" for part 9, see section 118. 12
"conviction" means the acceptance of a plea of guilty, or a finding of guilt, 13
by a court, whether or not a conviction is recorded. 14
"criminal history", of a person, means the person's criminal history as 15
defined under the Criminal Law (Rehabilitation of Offenders) 16
Act 1986, other than convictions for which the rehabilitation period 17
has expired, and not been revived, under that Act. 18
"dealing", in property, includes acquiring, disposing of, exchanging and 19
selling property, and includes dealing on commission. 20
"disqualifying offence" means-- 21
(a) an offence wherever committed in Australia involving fraud or 22
dishonesty that is punishable by imprisonment for 3 months or 23
more; or 24
(b) an offence against a provision of the Criminal Code mentioned in 25
schedule 1; or 26
(c) an offence against a provision of a law of another State or of the 27
Commonwealth that provides for the same matter as a law 28
mentioned in paragraph (b). 29
"effective control" see section 5(2). 30
84
Second-hand Dealers and Pawnbrokers Bill 2003
SCHEDULE 3 (continued)
"executive officer", of a corporation, means a person who is concerned 1
with, or otherwise takes part in, the corporation's management, 2
whether or not the person is a director or the person's position is given 3
the name of executive officer. 4
"information notice", for a decision of the chief executive, means a notice 5
stating-- 6
(a) the decision; and 7
(b) the reasons for the decision; and 8
(c) that the person applying for the decision may appeal against the 9
decision to a Magistrates Court within 28 days after the date of 10
the notice. 11
"licence" means a second-hand dealer's licence or a pawnbroker's licence. 12
"licensee" means the holder of a licence. 13
"location" means a place, other than premises, where a licensee may carry 14
on business under a licence, and includes a place where an antique 15
fair, antique market, flea market or trash and treasure market is carried 16
on. 17
"market operator" means a person who carries on the business of 18
conducting-- 19
(a) a trash and treasure market; or 20
(b) a flea market; or 21
(c) an antique market; or 22
(d) an antique fair. 23
"nominated property" means second-hand property that is-- 24
(a) property, other than an item of household furniture, that may be 25
identified by-- 26
(i) a make, model or serial number on the property; or 27
(ii) an inscription; or 28
(b) electrical property, other than a refrigerator, washing machine, 29
clothes dryer, stove or dishwasher; or 30
(c) jewellery; or 31
85
Second-hand Dealers and Pawnbrokers Bill 2003
SCHEDULE 3 (continued)
(d) a precious metal; or 1
(e) a musical instrument; or 2
(f) photographic equipment; or 3
(g) a natural diamond or gem stone. 4
"pawn" includes pledge. 5
"pawnbroker" means a person who-- 6
(a) carries on the business of advancing, on interest or in expectation 7
of profit or reward, an amount on the principal or collateral 8
security of property taken by the person as a pawn; and 9
(b) holds a pawnbrokers licence. 10
"pawn ticket" see section 58(1). 11
"place" means premises or a location. 12
"premises" means a building or structure, or part of a building or structure, 13
where a licensee carries on the licensee's business, other than on a 14
casual basis. 15
16
Example of a licensee carrying on business on a casual basis--
17
A licensee conducting a stall at an established market.
"property" means personal property, other than money or things in action. 18
"property register" see section 53. 19
"redemption period", for pawned property, means the period stated under 20
section 60(2) for redeeming the property. 21
"repealed Act"-- 22
(a) for part 9, div 2, see section 119; or 23
(b) for part 9, div 3, see section 129. 24
"replacement pawn ticket" see section 58(3). 25
"second-hand dealer" means a person-- 26
(a) who-- 27
(i) carries on the business of dealing in second-hand property; 28
or 29
(ii) is a market operator; and 30
86
Second-hand Dealers and Pawnbrokers Bill 2003
SCHEDULE 3 (continued)
(b) who holds a second-hand dealers licence. 1
"second-hand property" means personal property that has been used, 2
other than the following types of property-- 3
(a) newspapers, books, pamphlets, periodicals or other printed 4
publications; or 5
(b) stamps or coins; or 6
(c) property returned for refund or exchange by a person who 7
purchased it as new property; or 8
(d) motor vehicle batteries; or 9
(e) used tyres removed from a car, motorbike or trailer within the 10
meaning of the Transport Operations (Road Use Management) 11
Act 1995; or 12
(f) other property prescribed under a regulation. 13
"sell" includes barter, exchange or agree or offer to sell. 14
"transactions register" see section 37(1). 15
"used" includes worn or otherwise applied for any purpose. 16
17
� State of Queensland 2003
AMENDMENTS TO BILL
1
Second-hand Dealers and Pawnbrokers Bill 2003
SECOND-HAND DEALERS AND
PAWNBROKERS BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 140--
At page 62, line 24, `of State'--
omit, insert--
`or State'.
2 Clause 178--
At page 74, lines 25 and 26, and at page 75, lines 1 and 2--
omit, insert--
`178 Amendment, relocation and renumbering of s 69 (Powers of
inspectors)
`(1) Section 69(1)(a), `corporation or any person carrying on'--
omit, insert--
`corporation or an unincorporated body, or any person, carrying on a'.
`(2) Section 69, as amended--
relocate and renumber in part 8, as section 81.'.
3 Clause 183--
At page 76, line 3, `81 to 88'--
omit, insert--
`82 to 89'.
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