Second-Hand Dealers and Pawnbrokers Regulations 1997
i
Second-Hand Dealers and Pawnbrokers
Regulations 1997
S.R. No. 175/1997
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Commencement 2
3. Authorising provisions 2
4. Revocation 2
5. Definition 2
PART 2—EXEMPTIONS 3
6. Exemptions 3
PART 3—REGISTRATION 5
7. Fees 5
8. Register 5
9. Prescribed categories of evidence as to identity—applicants for
registration 5
10. Display of sign 6
PART 4—CONDUCT OF BUSINESS 7
11. Prescribed categories of evidence as to identity—persons selling
or pawning goods 7
12. Recording transactions 8
13. Identifying mark or number 11
14. Pawn ticket 12
15. Lost pawn ticket 12
16. Period of loan 12
17. Redemption of goods 12
18. Sale of unredeemed goods 13
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SCHEDULES 15
SCHEDULE 1—Revoked Regulations 15
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Regulation Page
ii
SCHEDULE 2—Exempt goods 16
SCHEDULE 3—Pawn ticket 17
SCHEDULE 4—Notice to person pawning goods 18
SCHEDULE 5—Request not to send notice that pawned goods will be
sold 21
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1
STATUTORY RULES 1997
S.R. No. 175/1997
Second-Hand Dealers and Pawnbrokers Act 1989
Second-Hand Dealers and Pawnbrokers
Regulations 1997
The Governor in Council makes the following Regulations:
Dated: 23 December 1997
Responsible Minister:
JAN WADE
Minister for Fair Trading
SHARNE BRYAN
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to provide
for—
(a) the exemption of certain persons and goods
from the application of the whole or part of
the Second-Hand Dealers and
Pawnbrokers Act 1989 or these
Regulations;
(b) fees payable under the Act;
(c) the particulars to be recorded in the register
of second-hand dealers;
(d) categories of documents as to identity;
(e) record-keeping requirements;
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(f) forms;
(g) the manner of disposal by pawnbrokers of
unredeemed goods.
2. Commencement
These Regulations come into operation on
1 January 1998.
3. Authorising provisions
These Regulations are made under sections 7(2),
11, 13, 19(1), 20 and 31 of the Second-Hand
Dealers and Pawnbrokers Act 1989.
4. Revocation
The Regulations referred to in Schedule 1 are
revoked.
5. Definition
In these Regulations, "Act" means the Second-
Hand Dealers and Pawnbrokers Act 1989.
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PART 2—EXEMPTIONS
6. Exemptions
(1) A second-hand dealer is exempted from the
application of the whole of the Act and these
Regulations—
(a) when carrying on business exclusively for or
on behalf of any charitable, benevolent or
philanthropic organisation; or
(b) when carrying on business at any event
known as an antique fair which is conducted
exclusively for or on behalf of any
charitable, benevolent or philanthropic
organisation.
(2) A second-hand dealer is exempted from section 19
of the Act when a person attempting to sell goods
to the second-hand dealer previously purchased
those goods from that second-hand dealer.
(3) If—
(a) a second-hand dealer arranges, by means of
telephone, facsimile machine or other similar
means of communication, to purchase
second-hand goods from a person; and
(b) the second-hand dealer requires the person to
provide evidence as to the person's identity
by means of a copy of the document or
documents referred to in section 19 of the
Act or regulation 11—
the second-hand dealer is exempted from the
application of section 19(1) of the Act.
(4) A scrap metal dealer is exempted from the
application of section 21(1) of the Act and
regulation 12(2)(b) in respect of scrap metal other
than—
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(a) goods containing gold or silver; or
(b) copper or brass goods received from a
person from whom the scrap metal dealer has
not received goods during the preceding
3 months.
(5) Goods which have been worn or otherwise used
and which belong to a class of goods described in
Schedule 2 are goods that are exempted from the
application of the whole of the Act and these
Regulations.
(6) The following goods are exempted from the
application of section 21(1) of the Act—
(a) an engine constructed for use as a motor
tractor;
(b) a motor vehicle so constructed that its engine
is used to drive or operate an agricultural,
construction or earthmoving implement
forming an integral part of the motor vehicle.
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PART 3—REGISTRATION
7. Fees
(1) For the purposes of section 7(2)(c) of the Act, the
prescribed fee which must accompany an
application for registration is $110.
(2) For the purposes of section 11 of the Act, the
prescribed fee which must accompany a statement
is $30.
(3) For the purposes of section 13(3) of the Act, the
prescribed fee for a copy of or an extract from the
register is $5.
8. Register
For the purposes of section 13(1) of the Act, the
following are the prescribed particulars to be
contained in the register in respect of each person
registered under Part 2 of the Act—
(a) the person's registration number in the
register;
(b) the date of registration under Part 2 of the
Act;
(c) the person's full name;
(d) if the person is a body corporate, the
corporation's ACN or registration number;
(e) every address at which the person carries on
business;
(f) any business names under which the person
carries on business.
9. Prescribed categories of evidence as to identity—
applicants for registration
In addition to the documents referred to in section
7(2)(b) of the Act, the following categories of
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documents as to identity are prescribed for the
purposes of section 7(2)(b)—
(a) certificates of Australian citizenship;
(b) marriage certificates;
(c) licences issued under the Firearms Act
1996.
10. Display of sign
A person registered as a second-hand dealer under
Part 2 of the Act must display in a prominent
position outside each business premises above or
beside the principal entrance to the premises a
legible sign measuring not less than 50
centimetres by 30 centimetres and stating the
person's full name and the words "Registered
second-hand dealer".
Penalty: 20 penalty units.
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PART 4—CONDUCT OF BUSINESS
11. Prescribed categories of evidence as to identity—
persons selling or pawning goods
In addition to the documents referred to in section
19(1) of the Act, the following categories of
documents as to identity are prescribed for the
purposes of section 19(1)—
(a) in the case of natural persons—
(i) full birth certificates or extracts of
birth;
(ii) certificates of Australian citizenship;
(iii) marriage certificates;
(iv) the following cards issued by the
Commonwealth Department of Social
Security—
(A) health care cards;
(B) health benefit cards;
(C) pensioner concession cards;
(D) seniors health cards;
(v) any other card issued by the
Commonwealth Department of Social
Security or the Commonwealth
Department of Veterans' Affairs that
certifies entitlement to Commonwealth
health concessions;
(vi) identification cards issued by a tertiary
education institution;
(vii) licences issued under the Firearms Act
1996;
(b) in the case of incorporated bodies,
certificates of registration or incorporation.
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12. Recording transactions
(1) For the purposes of section 20 of the Act, a
second-hand dealer or pawnbroker must maintain
a bound record book or operate and maintain a
computerised record-keeping system in place of a
bound record book.
(2) A second-hand dealer must record in the bound
record book or record onto the computerised
record-keeping system, during or immediately
after every transaction in which the second-hand
dealer receives second-hand goods, the following
information—
(a) an accurate description of the goods
received, including a description of any
identifying mark or label on the goods;
(b) the identifying mark or number assigned by
the second-hand dealer to the goods;
(c) the full name and address of the person from
whom the goods are received;
(d) details of the identification provided by that
person;
(e) the date and time at which the goods are
received;
(f) the price, if any, paid for the goods;
(g) the name of the person acting on behalf of
the second-hand dealer in the transaction.
(3) A pawnbroker must record in the bound record
book or record onto the computerised record-
keeping system, during or immediately after each
transaction, the following information in respect
of each transaction—
(a) the number of the transaction (corresponding
with the number of the pawn ticket issued);
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(b) an accurate description of the goods pawned;
(c) the full name and address of the person from
whom the goods are received;
(d) an alternative address for the service of
notices on the person from whom the goods
are received if the person has so requested;
(e) the date on which the goods are pawned;
(f) the amount of money advanced on the
security of the pawned goods;
(g) the charge imposed on the transaction;
(h) the amount and date of every payment;
(i) the period of the loan;
(j) if the goods are redeemed, the date of
redemption;
(k) if the goods are not redeemed—
(i) the date of sale of the goods, the price
paid and the reasonable costs of sale; or
(ii) if not sold, the manner of disposal of
the goods.
(4) If a computerised record-keeping system is
operated and maintained, a second-hand dealer or
pawnbroker must—
(a) produce, on a daily basis, a printed and
sequentially pre-numbered hard copy of all
transactions recorded onto the computerised
record keeping system on that day; and
(b) keep, at the business premises notified to the
Secretary from time to time, the records of
transactions produced in accordance with
paragraph (a).
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(5) If a second-hand dealer buys or exchanges
second-hand goods—
(a) in a lot or parcel at the same time; and
(b) the value of each item in the lot or parcel is
less than $50—
sub-regulation (2) is satisfied if the lot or parcel is
described in one entry in the record book or on the
computerised record-keeping system.
(6) If a second-hand dealer buys or exchanges
second-hand goods—
(a) in a lot or parcel at the same time; and
(b) the value of any item in the lot or parcel is
$50 or more; and
(c) that item has an identifying mark or label—
the second-hand dealer must enter a record of that
item in the record book or onto the computerised
record-keeping system, in accordance with sub-
regulation (2) and the remainder of the lot or
parcel may be recorded in accordance with sub-
regulation (5).
(7) If a second-hand dealer buys second-hand goods
at auction, sub-regulation (2) is satisfied if the
second-hand dealer—
(a) obtains a receipt signed by the auctioneer
containing the following information—
(i) an accurate description of the goods
received, including a description of any
identifying mark or label on the goods;
(ii) the identifying mark or number
assigned by the second-hand dealer to
the goods;
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(iii) the full name and business address of
the auctioneer by whom the auction
was conducted;
(iv) the date on which the goods are
received;
(v) the price paid for the goods;
(vi) the name of the person acting on behalf
of the second-hand dealer in the
transaction; and
(b) enters in the record book or onto the
computerised record-keeping system a
reference to identify the receipt.
(8) If a second-hand dealer imports second-hand
goods from outside Australia, sub-regulation (2) is
satisfied if the second-hand dealer—
(a) produces on demand the documents of
consignment and relevant customs
documents relating to the goods; and
(b) enters in the record book or onto the
computerised record-keeping system a
reference to identify the documents.
(9) If a second-hand dealer or pawnbroker receives
second-hand or pawned goods at any premises
other than those notified to the Secretary from
time to time, the second-hand dealer or
pawnbroker must record the transaction in the
bound record book or onto the computerised
record-keeping system as soon as practicable after
the transaction.
13. Identifying mark or number
If a second-hand dealer is required to assign an
identifying mark or number to second-hand goods
received by him, her or it, that mark or number
must remain affixed to the goods at all times until
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the goods are sold or otherwise disposed of by the
second-hand dealer.
14. Pawn ticket
(1) A pawn ticket issued by a pawnbroker must
contain the particulars listed in Schedule 3,
completed as appropriate, and must be
accompanied by a notice in the form of
Schedule 4.
(2) A pawnbroker must not charge a fee for the issue
of a pawn ticket.
Penalty applying to this sub-regulation:
20 penalty units.
15. Lost pawn ticket
If a person who has pawned goods produces to the
pawnbroker—
(a) a statutory declaration that the person has
lost the pawn ticket or the pawn ticket has
been stolen; and
(b) evidence as to the person's identity referred
to in section 19(1)(a) or (b) of the Act—
the pawnbroker must issue a duplicate pawn
ticket.
Penalty: 20 penalty units.
16. Period of loan
(1) A pawnbroker must fix the period of the loan on
the security of pawned goods at the time the goods
are pawned.
Penalty: 20 penalty units.
(2) The period of a loan commences on the day the
goods are pawned.
17. Redemption of goods
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(1) A person who has pawned goods may redeem the
goods by paying the outstanding amount of the
loan and producing to the pawnbroker—
(a) the pawn ticket or duplicate pawn ticket; and
(b) evidence as to the person's identity referred
to in section 19(1)(a) or (b) of the Act.
(2) A person who has pawned goods may redeem the
goods at any time before the pawnbroker sells or
disposes of them, despite the expiry of the period
of the loan.
18. Sale of unredeemed goods
(1) Subject to this regulation, if—
(a) the period of a loan expires and is not
extended; and
(b) the goods pawned as security on the loan are
unredeemed—
the pawnbroker must offer the goods for sale as
soon as practicable and so as to receive the best
price reasonably obtainable.
Penalty: 20 penalty units.
(2) If the principal sum of a loan is $100 or more, the
pawnbroker must send a notice in accordance with
sub-regulation (3) to the person who pawned the
goods, unless the person has requested the
pawnbroker in writing in the form of Schedule 5
not to send the person such a notice.
Penalty: 10 penalty units.
(3) A notice required under sub-regulation (2) must—
(a) be sent by ordinary mail to the person who
pawned the goods at the person's last known
address or an alternative address advised by
the person; and
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(b) state that the goods specified will be offered
for sale after the expiration of one month
from the date of the notice.
(4) A pawnbroker must retain a written request
received under sub-regulation (2) for 12 months
after receipt of the request.
(5) A pawnbroker must not sell pawned goods in
respect of which a notice has been sent under sub-
regulation (2) within one month from the date of
the notice.
Penalty: 20 penalty units.
(6) A pawnbroker must not purchase goods that have
been pawned as security with the pawnbroker and
have not been redeemed at or after the expiration
of the period of the loan.
Penalty: 20 penalty units.
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SCHEDULES
SCHEDULE 1
REVOKED REGULATIONS
Title S.R. No.
Second-Hand Dealers and Pawnbrokers Regulations 1990 243/1990
Second-Hand Dealers and Pawnbrokers (Amendment)
Regulations 1991 41/1991
Second-Hand Dealers and Pawnbrokers (Exemptions)
Regulations 1992 219/1992
Second-Hand Dealers and Pawnbrokers (Exemption)
(No. 2) Regulations 1997 23/1997
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SCHEDULE 2
EXEMPT GOODS
Item
1. Goods collected under a local government recycling scheme
2. Clothing, including footwear
3. Kitchenware, including pots, pans and crockery (but not electrical or
electronic appliances)
4. Cutlery, where the price paid for the goods by the second-hand
dealer does not exceed $50
5. Glassware (including bottles), where the price paid for the goods by
the second-hand dealer does not exceed $50
6. Cans of any kind
7. Waste plastic materials
8. Waste paper materials
9. Salvaged building materials including doors, window frames, tiles,
bricks and timber
10. Domestic white goods, including refrigerators, freezers, washing
machines, clothes driers, ovens and ironing presses (but not portable
or camping refrigerators or microwave ovens)
11. Factory seconds
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SCHEDULE 3
PAWN TICKET
Name of pawnbroker:
Address:
Full name and address of person from whom goods are received:
Date of loan:
Amount loaned:
Description of goods pawned:
Number of transaction:
Charges:
Period of loan:
Amount(s) paid and date(s) of payment:
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SCHEDULE 4
NOTICE TO PERSON PAWNING GOODS
Redemption of goods
1. You may reclaim goods you have pawned by paying the
outstanding amount of the loan and producing to the
pawnbroker the pawn ticket and your passport, driver's
licence or one of the following documents (if it bears a
photograph) or 2 of the following documents (if they do not
bear a photograph)—
(a) full birth certificate or extract of birth;
(b) certificate of Australian citizenship;
(c) marriage certificate;
(d) the following cards issued by the Commonwealth
Department of Social Security—
(i) health care card;
(ii) health benefit card;
(iii) pensioner concession card;
(iv) seniors health card;
(e) any other card issued by the Commonwealth
Department of Social Security or the Commonwealth
Department of Veterans' Affairs that certifies
entitlement to Commonwealth health concessions;
(f) identification card issued by a tertiary education
institution;
(g) licences issued under the Firearms Act 1996.
2. You may reclaim the goods at any time before the
pawnbroker sells or disposes of them, even if the period of
the loan has passed.
Charges
3. The pawnbroker must give you written notice of the charge
that will be imposed on the transaction. This charge may
not be more than an amount calculated in accordance with
the amount displayed in a notice at the business premises,
unless—
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(a) it is reasonable to charge a higher amount because the
pawnbroker is likely to incur additional storage costs
in relation to the goods being pawned; or
(b) it is reasonable to charge a higher amount because the
agreement provides for amounts to be paid less
frequently than is specified in the displayed notice; or
(c) the regulations allow higher amounts to be charged;
and
(d) the written notice given to you by the pawnbroker
states the reason why the higher charge is made; and
(e) you agree in writing to the higher charge; and
(f) the pawnbroker gives you a copy of the agreement
referred to in paragraph (e).
Period of loan and payments
4. The period of a loan commences on the day the goods are
pawned.
5. You may pay money to the pawnbroker at any time and the
pawnbroker must note your payment on the pawn ticket.
Lost or stolen pawn ticket
6. If your pawn ticket is lost or stolen, and you produce to the
pawnbroker a statutory declaration stating that your ticket is
lost or stolen and you also produce proof of your identity,
the pawnbroker must issue a duplicate pawn ticket.
Sale of unredeemed goods
7. If the period of the loan expires and you have not reclaimed
the pawned goods—
(a) if the loan is less than $100, the pawnbroker must
offer the goods for sale as soon as possible; or
(b) if the loan is $100 or more, the pawnbroker must send
you a notice (unless you have requested the
pawnbroker not to send you a notice) stating that the
goods will be offered for sale one month after the date
appearing on the notice. The pawnbroker will send
this notice to your last known address or to an
alternative address, if you have given one to the
pawnbroker. The pawnbroker must offer the goods
for sale as soon as possible after the expiry of one
month after the date appearing on the notice.
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8. The pawnbroker must offer the goods for sale at the best
price reasonably obtainable.
9. The pawnbroker must not buy the goods for himself or
herself.
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SCHEDULE 5
REQUEST NOT TO SEND NOTICE THAT PAWNED GOODS
WILL BE SOLD
I, (name of person pawning goods), of (address of person pawning goods),
request (name of pawnbroker) not to send me a notice under regulation 18(2)
of the Second-Hand Dealers and Pawnbrokers Regulations 1997.
I understand that such a notice, advising me that the pawnbroker intends to
sell my goods, would otherwise be sent to me if the period of my loan
expires and I have not redeemed my goods by that time.
I understand that if I do not redeem my goods before (date of expiry of loan),
and the period of the loan has not been extended, the pawnbroker is obliged
to offer the goods for sale as soon as possible after that date. If, however, that
date is less than 7 days after the date on which I pawned my goods, the
pawnbroker must keep the goods in the form in which they were received
and not dispose of them in any way for 7 days after receiving the goods.
Signed: ....................................................................
(Person pawning goods)
Dated: ......................................................................
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Sch. 5
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