Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004

Victorian Legislation and Parliamentary Documents i Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004 S.R. No. 170/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Revocation of regulation 19 1 5. Revocation of form of consent to entry, search and seizure 2 6. Embargo Notice 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 170/2004 Second-Hand Dealers and Pawnbrokers Act 1989 Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 14 December 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs DIANE CASEY Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to revoke a form, to prescribe a form of embargo notice and to make consequential amendments to the Second- Hand Dealers and Pawnbrokers Regulations 1997. 2. Authorising provision These Regulations are made under section 31 of the Second-Hand Dealers and Pawnbrokers Act 1989. 3. Commencement These Regulations come into operation on 1 February 2005. 4. Revocation of regulation 19 Regulation 19 of the Second-Hand Dealers and Pawnbrokers Regulations 19971 is revoked. -- 2 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 170/2004 Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004 2 5. Revocation of form of consent to entry, search and seizure Schedule 6 to the Second-Hand Dealers and Pawnbrokers Regulations 1997 is revoked. 6. Embargo Notice For Schedule 7 to the Second-Hand Dealers and Pawnbrokers Regulations 1997 substitute— "SCHEDULE 7 Regulation 20 EMBARGO NOTICE Second-Hand Dealers and Pawnbrokers Act 1989 Section 26P 1. The item described below has been embargoed under section 26P of the Second-Hand Dealers and Pawnbrokers Act 1989. 2. Section 26P(2) provides that a person who knows that an embargo notice relates to a thing and who— (a) sells; or (b) leases; or (c) without the written consent of the inspector who issued the embargo notice, moves; or (d) transfers; or (e) otherwise deals with— the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units. 3. Section 26P(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it. 4. Section 26P(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void. r. 5 -- 3 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 170/2004 Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004 3 Description of embargoed item— This notice has been— † served on (name) † affixed to the item described above Signature of inspector Name of inspector Telephone number Date Time ". ═══════════════ r. 6 -- 4 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 170/2004 Second-Hand Dealers and Pawnbrokers (Forms) Regulations 2004 4 ENDNOTES 1 Reg. 4: S.R. No. 175/1997. Reprint No. 1 as at 1 January 2003. Reprinted to S.R. No. 92/2002. Subsequently amended by S.R. No. 88/2004. Endnotes -- 5 of 5 --