Pawnbrokers and Second-hand Dealers Act 1996 (NSW)

Pawnbrokers and Second-hand Dealers Act 1996 No 13

An Act to provide for the licensing and regulation of pawnbrokers and dealers in certain classes of second-hand goods; to repeal the Pawnbrokers Act 1902, the Second-hand Dealers and Collectors Act 1906 and the Hawkers Act 1974; to amend certain Acts consequentially; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Pawnbrokers and Second-hand Dealers Act 1996.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— authorised officer means— (a) a police officer, or (b) the Secretary, or (c) an investigator appointed under section 18 of the Fair Trading Act 1987, or (d) a person authorised in writing by the Secretary. criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or declared by the Supreme Court under that Act to be criminal intelligence. disqualified person has the meaning given by section 8A. executive officer of a corporation has the same meaning as in the Corporations Act 2001 of the Commonwealth.

Note— Section 9 of the Commonwealth Act contained the following definition when the Bill inserting the definition in this Act was introduced— executive officer of a body corporate means a person who is concerned in, or takes part in, the management of the body (regardless of the person's designation and whether or not the person is a director of the body). fees and charges in respect of the sale of pawned goods—see section 30A. licence means a licence in force under this Act. licensed business means a business authorised by a licence. market does not include an annual event such as a school fete, or any activity of a kind prescribed by the regulations. pawn agreement means an agreement by which goods are pawned. pawn ticket means a copy of a record referred to in section 28(5). pawnbroker—see section 3A. promoter of a market means a person to whom vendors of goods or services offered at the market pay any fee, commission or rent in consideration of being allowed to sell there. record means— (a) a documentary record, or (b) a record made by an electronic, electromagnetic, photographic or optical process, or (c) any other kind of record. redemption period, in relation to pawned goods, means the period during which the goods may be redeemed under section 29(1). second-hand goods means any goods of a class or description prescribed that have been used or that are represented by a vendor of the goods to be goods purchased (otherwise than by the vendor) previously but unused. Secretary means— (a) the Commissioner for Fair Trading, Department of Customer Service, or (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service. sell includes any of the following— (a) sell by tender, (b) barter or exchange, (c) any of the following— (i) consign or deliver for sale, (ii) advertise for sale, (iii) offer for sale, (iv) have in possession for sale, (v) agree to sell, (d) sell or do any of the above— (i) as an agent or broker, or (ii) by an agent or broker, (e) cause a sale to take place or cause any of the above to be done. In paragraph (c), the expressions sale and sell are capable of having the extended meaning given by paragraph (a) or (b) or both. surplus proceeds, in relation to a sale of pawned goods, means the proceeds of the sale less— (a) the principal and interest that was due at the time of the sale, and (b) any unpaid fees and charges that would have been paid by the person who pawned the goods to redeem the goods, and (c) any fees and charges that are deductible in respect of the sale of the goods, so long as— (i) they were disclosed in a statement in accordance with section 28(5A)(b), and (ii) they do not exceed the amounts of the fees and charges so disclosed or the amounts determined in accordance with the manner of determining them as so disclosed. Tribunal means the Civil and Administrative Tribunal. (2) Notes included in this Act do not form part of this Act.