New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 21

21 Retention of goods

(1) A licensee--

(a) must keep all second-hand goods purchased or received in the course of the licensed business for a period of 14 days on premises nominated or otherwise notified under section 12 or 12A as business premises or at such other places as may be determined by or in accordance with the regulations, and

(b) must not alter the form of the goods or dispose of them in any way, or allow them to be redeemed or part with possession of them, during that period.

This subsection does not apply to such goods, or in such circumstances, as the regulations may prescribe.

(1A) The period of 14 days commences with the day on which the purchase or receipt was recorded by the licensee.

(2) An authorised officer who has reasonable grounds to suspect that goods in the possession of a licensee have been stolen or otherwise unlawfully obtained may, by a notice specifying the goods, prohibit the licensee from altering the form of the goods or disposing of them in any way, or allowing them to be redeemed, or parting with possession of them, for a period of 56 days after service of the notice.

(3) A notice under subsection (2) may be reissued once for a further period of 56 days commencing on the expiry of the first notice.

(4) A licensee must comply with this section and with any notice under this section, and must see to it that no employee of the business does what this section or such a notice prohibits the licensee from doing.

: Maximum penalty--50 penalty units.