Second-hand Dealers and Pawnbrokers Act 2003 Second-hand Dealers and Pawnbrokers Regulation 2004 1 Short title This regulation may be cited as the Second-hand Dealers and Pawnbrokers Regulation 2004 . 2 Commencement This regulation commences on 5 July 2004. 3 Licence must be signed A person must, immediately after receiving a licence granted to the person, sign the licence in ink in the space provided. Maximum penalty—8 penalty units. 4 Register of licences (1) The chief executive must keep a register stating the following information for each licence granted—

(a) the licence number;

(b) the name of the licensee;

(c) the type of business the licensee may carry on under the licence;

(d) any authorised place for the licence;

(e) for a licence to carry on business as a pawnbroker at a location—any address where the property taken as a pawn may be located;

(f) any conditions imposed on the licence by the chief executive;

(g) the date the licence was granted;

(h) the date the licence expires.

(2) A person may inspect the register on payment of the relevant fee. 5 Entries in transactions register—Act, s 37 (1) Entries in a transactions register must be—

(a) legible; and

(b) if the entry relates to a second-hand property transaction acquiring property—numbered consecutively; and

(c) if the transactions register is a printed transactions register—handwritten in a bound book.

6 Prescribed particulars—Act, s 37 (2) (1) For an entry made in a transactions register under section 37 (2) of the Act, in relation to a second-hand property transaction acquiring property, the following particulars are prescribed—

(a) entry number;

(b) time and date of the transaction;

(c) description of the property;

(d) brand name, model number and serial number of the property;

(e) any engraving, inscription or other unique mark on the property;

(f) name and address of the person from whom the property was acquired;

(g) the type of verification of the person’s name and address obtained from the person under section 47 (b) of the Act;

(h) whether the person is the owner of the property;

(i) if the person is not the owner of the property—

(i) the name and address of the owner; and

(ii) how the person acquired the property;

(j) the name of the person who made the entry.

(2) For an entry made in a transactions register under section 37 (2) of the Act, in relation to a second-hand property transaction selling, exchanging or disposing of property, the following particulars are prescribed—

(a) if the entry is not located immediately after the entry mentioned in subsection (1)—the entry number entered in the transactions register when the property was acquired;

(b) if the property is sold by the second-hand dealer to another person—

(i) the name and address of the person; and

(ii) the date the property was sold; and

(iii) the amount paid for the property;

(c) if the property (registered property) is exchanged by the second-hand dealer for other property—

(i) the date the registered property was exchanged; and

(ii) the entry number entered in the transactions register in relation to the acquisition of the other property;

(d) if the property is disposed of by the second-hand dealer, other than by being sold or exchanged—

(i) how the property was disposed of; and

(ii) the date the property was disposed of;

(e) the name of the person who made the entry.

7 Entries in property register—Act, s 53 (1) Entries in a property register must be—

(a) legible; and

(b) if the entry relates to taking property as a pawn—numbered consecutively; and

(c) if the property register is a printed property register—handwritten in a bound book.

8 Prescribed particulars—Act, s 53 (2) For an entry made in a property register under section 53 (2) of the Act, in relation to taking property as a pawn, the following particulars are prescribed—

(a) entry number;

(b) pledge number;

(c) time and date the property is taken;

(d) description of the property;

(e) brand name, model number and serial number of the property;

(f) any engraving, inscription or other unique mark on the property;

(g) name and address of the person pawning the property;

(h) the type of verification of the person’s name and address obtained from the person under section 70 (b) of the Act;

(i) whether the person is the owner of the property;

(j) if the person is not the owner of the property—

(i) the name and address of the owner; and

(ii) how the person acquired the property;

(k) the amount advanced to the person on the security of the property and the amount of interest to be paid by the owner;

(l) the redemption period for the property;

(m) the name of the person who made the entry.

9 Prescribed particulars—Act, s 61 (2) For an entry made in a property register under section 61 (2) of the Act, in relation to selling or disposing of property taken as a pawn, the following particulars are prescribed—

(a) if the entry is not located immediately after the entry mentioned in section 8—the entry number entered in the property register when the property was taken as a pawn;

(b) if the property is sold by the pawnbroker to another person—

(i) the name and address of the person; and

(ii) the date the property was sold; and

(iii) the amount paid for the property;

(c) if the property is disposed of by the pawnbroker, other than by being sold—

(i) how the property was disposed of; and

(ii) the date the property was disposed of;

(d) the name of the person who made the entry.

10 Property that is not second-hand property—Act, sch 3, definition second-hand property Property mentioned in schedule 1 is not second-hand property under the Act. 11 Fees The fees payable under the Act are stated in schedule 2. 12 Application fee for licence if person held a transitional licence s 12 exp 28 August 2005 (see s 12 (6)) 13 Application fee for licence if person held a collector’s licence s 13 exp 28 November 2004 (see s 13 (5)) Schedule 1 Property that is not second-hand property section 10

1 Collectors cards. Example— baseball and football cards

2 Used tyres not mentioned in the Act, schedule 3, definition second-hand property, paragraph (e).

Schedule 2 Fees section 11 $ 1 Application fee for a licence (Act, s 10(2)(c)(i))— (a) for 1 year 705.80 (b) for 3 years 1613.00 2 Application fee for renewal of a licence (Act, s 13(2)(d)(i))— (a) for 1 year 447.50 (b) for 3 years 1337.00 3 Application fee for restoration of a licence (Act, s 14(2)(d)(i))— (a) for 1 year 447.50 (b) for 3 years 1337.00 4 Application fee for approval of a place as an authorised place for a licensee’s licence (Act, s 25(2)) 43.55 5 Application fee for a replacement licence (Act, s 31(2)) 40.10 6 Inspection of the register of licences kept under section 4 40.10 sch 2 sub 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch; 2007 SL No. 149 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 120 s 3 sch; 2010 SL No. 128 s 57; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 105; 2016 SL No. 85 s 103