New South Wales Consolidated Acts
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PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 30
Sale of unredeemed goods
30 Sale of unredeemed goods
(1) If pawned goods have not been redeemed at the end of the redemption period
and the principal lent on the goods was greater than the amount prescribed by
the regulations, the pawnbroker must, as soon as reasonably practicable, sell
the goods in a manner conducive to securing the best price reasonably
obtainable, either-- (a) by sale by auction at any premises, or
(b) by sale
by auction or otherwise at business premises of the pawnbroker.
: Maximum
penalty--50 penalty units.
(2) If the goods are sold at auction and the
person to whom the goods are sold does not pay the whole of the purchase price
for those goods in accordance with the contract governing the sale at auction,
the sale is taken to be void and the title to the goods is taken not to have
passed.
(3) If subsection (2) applies, the pawnbroker must, as soon as
reasonably practicable, sell the goods in a manner conducive to securing the
best price reasonably obtainable, either-- (a) by sale by auction at any
premises, or
(b) by sale at business premises of the pawnbroker.
: Maximum
penalty--50 penalty units.
(4) If in proceedings a question arises as to
whether the pawnbroker has complied with subsection (1) or (3), the onus of
proving compliance is on the pawnbroker.
(5) Nothing in this section prevents
redemption of the goods under section 29 after expiry of the
redemption period, and the pawnbroker is not guilty of an offence under this
section if the goods are so redeemed.
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