New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 17

17 Production of records

(1) An authorised officer who has lawfully entered any premises where a licensed business is being carried on may require any person apparently in charge of the premises to do immediately any of the following--

(a) to produce for inspection any record required to be kept by the licensee under this Act,

(b) to identify and locate records kept by the licensee that correspond to particular goods kept by the licensee,

(c) to identify and locate goods kept by the licensee that correspond to particular records kept by the licensee,

(d) to reveal the whereabouts of any goods or records referred to in paragraph (b) or (c),

(e) to produce the licence.

(2) An authorised officer may require a person carrying on a licensed business from a market stall or other place occupied intermittently for the purposes of a licensed business to do any of the following--

(a) to produce for inspection at the nearest police station within 24 hours any record required to be kept by the licensee under this Act,

(b) to identify, locate and produce for inspection at the nearest police station within 24 hours any records kept by the licensee that correspond to particular goods kept by the licensee,

(c) to identify, locate and produce for inspection at the nearest police station within 24 hours any goods kept by the licensee that correspond to particular records kept by the licensee,

(d) to reveal immediately the whereabouts of any goods or records referred to in paragraph (b) or (c),

(e) to produce the licence for inspection at the nearest police station within 24 hours.

(3) An authorised officer may require the promoter of a market--

(a) to produce for inspection at the nearest police station within 24 hours any record required to be kept by the promoter under this Act, or

(b) to reveal the whereabouts of any such records.

(4) An authorised officer who is not a police officer may, instead of requiring under this section that any goods or records be produced at a police station, require--

(a) the production of the goods or records at a place specified by the authorised officer, or

(b) that a copy of the records be sent to an address specified by the authorised officer.

(5) In the case of a record that is electronically stored, a provision of this section conferring power on an authorised officer to compel production of the record for inspection empowers the officer, for the purpose of exercising that power--

(a) to view the record and to copy or take extracts from it by electronic means, or

(b) to require that it be reproduced in hard copy, or copied on to computer diskette or reduced to some other portable form suitable for removal and capable of reproducing the record for viewing.

(6) A person must comply with a requirement made of the person under this section.

: Maximum penalty--50 penalty units.