New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 43

43 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. In particular, regulations may be made for or with respect to the following--

(a) the rights and obligations of the parties and the procedure to be followed when pawn tickets are lost, stolen or destroyed,

(a1) the documents or information that must accompany an application for the issue or renewal of a licence,

(b) the replacement of licences that are lost, stolen or destroyed,

(c) the recognition of licences issued in other Australian jurisdictions,

(c1) the carrying on of a business as a second-hand dealer or pawnbroker or both,

(d) the carrying on of a licensed business by legal personal representatives or trustees of the licensee,

(e) the electronic transmission, between the Secretary and the Commissioner of Police, of information relevant to the administration of this Act,

(f) the electronic transmission, by a pawnbroker or licensee to the Commissioner of Police, of information required by or under this Act to be furnished to the Commissioner,

(g) fees chargeable for any service provided by the Secretary under this Act or the regulations,

(g1) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,

(h) the service of notices for the purposes of this Act or the regulations,

(i) exemptions for classes of persons from the operation of this Act or specified provisions of this Act, either unconditionally or subject to conditions.

(2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.

(3) The regulations may specify monetary limits on the jurisdiction of the Civil and Administrative Tribunal to hear and determine applications under section 32G or on the jurisdiction of the Tribunal to make orders under that section, whether or not by reference to--

(a) the value of the goods concerned (as assessed in accordance with the regulations), or

(b) in the case of pawned goods--the amount of the principal lent on the goods, or

(c) an amount that is the subject of a proposed order of the Tribunal.

Any such limits have effect despite anything in any other Act or regulation under any other Act.

(4) Section 4(2) does not limit the power to make regulations under subsection (1)(i) of this section.