Second-hand Dealers and Pawnbrokers Act 2003 (Qld)

Second-hand Dealers and Pawnbrokers Act 2003

An Act to regulate the activities of second-hand dealers and pawnbrokers, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Second-hand Dealers and Pawnbrokers Act 2003.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Objectives of Act The main objectives of this Act are to— (a) regulate the activities of second-hand dealers and pawnbrokers; and (b) deter crime in the second-hand property market; and (c) help protect consumers from purchasing stolen property.

3A Relationship with Fair Trading Inspectors Act 2014 (1) The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading. (2) Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector has under this Act.

Part 2 Interpretation

4 Definitions The dictionary in schedule 3 defines particular words used in this Act.

5 Meaning of associate and effective control (1) An associate of an applicant for a licence or a licensee is a person who is not the applicant or licensee but is, or would be if the licence were granted, renewed or restored, in effective control of the applicant's or licensee's business at a place. (2) A person who is in effective control of a business, includes a person who— (a) is regularly or usually in charge of the business; or (b) regularly directs staff of the business in their duties; or (c) is in a position to control or influence the business in a substantial way. (3) If an applicant for a licence or a licensee is a corporation, each executive officer of the corporation is taken to be an associate of the applicant or licensee.