Pawnbrokers and Second-hand Dealers Act 1994 (WA)

Western Australia Pawnbrokers and Second-hand Dealers Act 1994 Western Australia Pawnbrokers and Second-hand Dealers Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used in this Act 1 3A. Meaning of "pawnbroker" 1 4. Application 1 5. Buy‑back contracts regarded as lending money on security of pawned goods 1 Part 2 — Licensing of pawnbrokers and second‑hand dealers Division 1 — Requirement for licences 6. Pawnbrokers to be licensed 1 7. Second‑hand dealers to be licensed 1 8. Natural persons only to be licensed 1 8A. Premises in respect of which licences apply 1 9. Offence of holding out, etc. 1 Division 2 — Licensing 10. Licensing officers 1 11. Notice of intention to apply for licence 1 12. Expedited applications 1 13. How to apply for issue of licence 1 14. Documentation in support of application for issue of licence 1 15. How and when to apply for renewal of licence 1 16. Documentation in support of application for renewal of licence 1 17. Offences in relation to licence applications 1 18. Objections to issue or renewal of licences 1 19. Issue of licences 1 20. Renewal of licences 1 21. Issue and renewal of licences held on behalf of partnerships and bodies corporate 1 22. Declining issue or renewal of licence 1 23. Form of licences 1 24. Conditions and restrictions 1 25. Not transferable 1 26. Duration of licences 1 27. Suspension, revocation of licences and disqualification 1 28. Commissioner to keep register of licences 1 Division 3 — Review of licensing decisions 30. Review 1 32. Returns by executive officer of the State Administrative Tribunal 1 33. Effect of charges pending on Court hearings 1 Division 4 — Powers of courts generally in relation to licences 34. Courts may suspend, revoke licence or disqualify person upon conviction 1 35. Returns by courts 1 Division 5 — Other requirements in relation to licences 36. Sign to be displayed 1 37. Certain employee records to be kept, provided to police 1 37A. Advertisements 1 Part 3 — Contracts with pawnbrokers and second‑hand dealers Division 1 — Duties of pawnbrokers and second‑hand dealers 38. Persons under 18 or affected by alcohol or drugs 1 39. Identification of persons 1 40. Offences in relation to false information 1 41. Records to be made by pawnbrokers 1 42. Pawn tickets 1 43. Records to be made by second‑hand dealers 1 44. Records to be provided by second‑hand dealers 1 45. Keeping of records 1 46. Tampering with records 1 47. Goods to carry contract number 1 48. Pawn ticket "lost" or "stolen" 1 Division 2 — Redemption and sale of goods 49. Term used in this Division 1 50. When goods may be redeemed 1 51. Where pawned goods to be kept 1 52. When goods to be redeemed 1 53. When goods not to be redeemed 1 54. Redemption only to holder of pawn ticket 1 55. Sale of unredeemed goods 1 56. Unredeemed goods not to be bought by or on behalf of pawnbroker 1 57. Application of proceeds of sale 1 58. Records to be made on sale of unredeemed goods 1 59. Notice as to surplus 1 60. Payment of surplus on demand 1 Division 3 — Retention of second‑hand goods 61. Second‑hand goods to be kept unchanged at least 14 days 1 62. Where second‑hand goods to be kept 1 Division 4 — Other matters relating to contracts with pawnbrokers and second‑hand dealers 63. Pawnbroker not to charge establishment fee 1 64. Re‑pledging of goods prohibited 1 65. No contracting out of liability for loss or damage 1 66. Buyer may be compensated 1 67. Certain rights etc. saved 1 68. Reopening pawnbroking contracts 1 69. Civil consequences of breach of section 6 1 70. Civil consequences of breach of section 42 1 71. Criminal liability 1 72. Breach does not otherwise vitiate contract 1 73. Relief from sections 69 and 70 1 Part 4 — Enforcement 74. Entry to and inspection of licensed premises without warrant 1 75. Assistance in the location of goods at licensed premises 1 76. Provision of, and assistance in relation to, records etc. 1 77. Police may seize records for certain purposes 1 78. Police to be informed in certain circumstances 1 79. Information about goods to be given to Commissioner in accordance with regulations 1 80. Notice to stop dealing 1 81. Seizure of goods suspected stolen 1 82. Name and address 1 83. Power of pawnbrokers, dealers etc. to arrest 1 84. Offence of hindering police 1 85. Summary orders where goods stolen, pawned etc. 1 86. Summary orders where competing claims to goods 1 87. Procedure for sections 85 and 86 1 88. Licensee's liability for employees, agents 1 89. Liability of partners and bodies corporate 1 90. Infringement notices 1 Part 5 — Miscellaneous 91. Delegation by Commissioner 1 92. Financial Management Act 2006 and Auditor General Act 2006 1 93. Orders to enable redemption of goods where licence revoked etc. 1 94. Service 1 95. Secrecy 1 96. Protection from liability 1 97. Evidentiary provisions 1 98. Regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Pawnbrokers and Second‑hand Dealers Act 1994 An Act to make provision for the licensing and regulation of pawnbrokers and second‑hand dealers, to facilitate the recovery of stolen goods from pawnbrokers and second‑hand dealers, to repeal the — • Pawnbrokers Act 1860 1; • Second‑hand Dealers Act 1906 1; and • Marine Stores Act 1902 1, and for related purposes.