Second-hand Dealers and Pawnbrokers Act 2003Second-hand Dealers and Pawnbrokers Regulation 20041Short titleThis regulation may be cited as the Second-hand Dealers and Pawnbrokers Regulation 2004.2CommencementThis regulation commences on 5 July 2004.3Licence must be signedA 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.4Register 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.5Entries 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.

6Prescribed 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.

7Entries 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.

8Prescribed 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.

9Prescribed 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.

10Property that is not second-hand property—Act, sch 3, definition second-hand propertyProperty mentioned in schedule 1 is not second-hand property under the Act.11FeesThe fees payable under the Act are stated in schedule 2.12Rounding of amounts expressed as numbers of fee units(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or

(c)if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).

Example—If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.s 12 prev s 12 exp 28 August 2005 (see s 12(6))pres s 12 ins 2022 SL No. 79 s 15313s 13 exp 28 November 2004 (see s 13(5))Schedule 1Property that is not second-hand propertysection 10

1Collectors cards.Example—baseball and football cards

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

Schedule 2Feessection 11Fee units1Application fee for a licence (Act, s 10(2)(c)(i))—(a)for 1 year800.40(b)for 3 years1,829.002Application fee for renewal of a licence (Act, s 13(2)(d)(i))—(a)for 1 year507.50(b)for 3 years1,510.003Application fee for restoration of a licence (Act, s 14(2)(d)(i))—(a)for 1 year507.50(b)for 3 years1,510.004Application for approval of a place as an authorised place for a licensee’s licence (Act, s 25(2))49.405Application for replacement of a licence (Act, s 31(2))45.456Fee to inspect the register of licences kept under section 4 (s 4(2))45.45sch 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; 2017 SL No. 109 s 114; 2018 SL No. 72 s 108; 2019 SL No. 105 s 107; 2020 SL No. 143 s 109; 2021 SL No. 84 s 108amd 2022 SL No. 79 s 154