New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"repealed Acts" means--
• the Pawnbrokers Act 1902 , and
• the Second-hand Dealers and Collectors Act 1906 , and
• the Hawkers Act 1974 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this Actthe Pawnbrokers and Second-hand Dealers Amendment Act 1998the Pawnbrokers and Second-hand Dealers Amendment Act 2002the Pawnbrokers and Second-hand Dealers Amendment Act 2005any other Act that amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication.
(1) A licence under any of the repealed Acts that was in force immediately before the commencement of section 44 is taken to be a licence under this Act and remains in force, subject to this Act and to any limitations and conditions that were imposed on it under any of the repealed Acts, for the remainder of the term for which it was issued.
(2) Nothing in this clause saves a licence from revocation or cancellation in accordance with any of the repealed Acts as a result of proceedings pending at the commencement of this clause.
An application for a licence made under any of the repealed Acts and still pending at the commencement of section 44 is to be referred to the Director-General and dealt with as an application for a licence under this Act, unless withdrawn by the applicant. An applicant wishing his or her application to stand must, however, be allowed to amend the application in order to vary the classes of business to be authorised by the licence.
If an application for a licence made under any of the repealed Acts and still pending at the commencement of section 44 was made for the purpose of obtaining a licence that authorised the carrying on of a business that, after that commencement, may be carried on without a licence, the applicant is entitled to be refunded the amount of the application fee.
Records kept by the police and Local Courts administration in relation to licences under any of the repealed Acts are to be supplied to the Director-General without delay following the commencement of section 44.
In this Part--
"amending Act" means the Pawnbrokers and Second-hand Dealers Amendment Act
1998 .
The amendments made to sections 9 and 10, and the inclusion of section 10A, by the amending Act, do not affect any application made but not determined before the commencement of Schedule 1[1] to the amending Act.
Section 12A(3) (as inserted by the amending Act) does not operate so as to impose a condition on a licence that was in force on the commencement of Schedule 1[3] to the amending Act, but does apply to any later renewal of such a licence.
The amendments made to sections 16 and 28 by the amending Act extend to records required to be kept before the commencement of the relevant amendments.
(1) The amendments made to sections 21 and 22 by the amending Act do not affect the validity of any notice issued under those sections before the commencement of the relevant amendment.
(2) The amendment made to section 21 by Schedule 1[7] to the amending Act extends to any goods sold or pledged to a licensee before the commencement of the amendment in respect of which a notice under that section has not been issued at that commencement.
(3) The amendments made to section 22 by the amending Act extend to criminal proceedings in relation to any goods sold or pledged to a licensee before the commencement of the amendments.
Section 30 (as amended by the amending Act) extends to any goods pledged to a licensee before the commencement of the amendments to that section whether or not a public auction has been conducted in relation to those goods before that commencement. However, the amended section does not extend to any goods for which the purchase price set by a public auction has been paid as at that commencement.
In this Part--
"amending Act" means the Pawnbrokers and Second-hand Dealers Amendment Act
2002 .
Except as otherwise provided by the regulations, an amendment made by the amending Act does not affect any licence in force immediately before the commencement of the amendment, but the licence and the licensee are subject to this Act as amended by the amending Act.
Except as otherwise provided by this Part or the regulations, an amendment made by the amending Act does not apply to or in respect of a pawn agreement entered into before the commencement of the amendment.
Except as otherwise provided by this Part or the regulations, an amendment made by the amending Act does not apply to or in respect of goods purchased by a licensee before the commencement of the amendment.
(1) Section 22, as in force before the date of its repeal by the amending Act, continues to apply to goods in respect of which a complaint was made under that section before that date, and so applies as if that section had not been repealed. However, that section does not apply in relation to a complaint made on or after that date.
(2) Part 4A, as inserted by the amending Act, extends to goods obtained by a licensee before the date of repeal of section 22 by the amending Act, but not if that section applies to them because of subclause (1).
(1) In this clause--
"transition date" means the date on which the amendment to section 38 made by the amending Act commenced.
(2) Section 38, as in force before the transition date, applies to any period of 12 months commencing before the transition date.
(3) Section 38, as in force on and after the transition date, applies to any period of 12 months commencing on or after the transition date.
Note--: Section 38 provides that a person who, on more than a particular number of days in any period of 12 months, sold any second-hand goods is presumed to be carrying on a business of buying or selling second-hand goods. The effect of clause 18 of this Schedule is that the number of days remains at 12 for any period of 12 months commencing before the transition date, and decreases to 6 for any period of 12 months commencing on or after the transition date.
Section 33A as inserted by the amending Act does not apply to convictions recorded before the commencement of that section.
(1) Disciplinary action may continue in relation to existing show cause notices Except as otherwise provided by this Part or the regulations, where a notice under section 34 was served before the commencement of an amendment to that section made by the amending Act--(a) the amendment does not affect disciplinary action being taken in respect of a matter to which the notice relates, and(b) disciplinary action may accordingly continue despite the amendment.
(2) New show cause notices Section 34(1)(c), (c1) or (j) as inserted by the amending Act applies only to matters that occur or come into being after the commencement of the paragraph concerned, but extends to matters to which section 34(1)(c) or (j) applied before that commencement.
(3) Former licensees Section 36A as inserted by the amending Act does not apply to matters that occurred or came into being before the commencement of that section, except where that section applies by the operation of section 36A(7).
(4) Decision to take no further action Section 36B as inserted by the amending Act extends to a matter in respect of which a notice under section 34 was served before the commencement of section 36B.
(1) The reference in Schedule 2.162[1] to the Justices Legislation Repeal and Amendment Act 2001 to section 23 of this Act is to be read as a reference to section 32M as inserted by the amending Act.
(2) If Schedule 2.162[1] to the Justices Legislation Repeal and Amendment Act 2001 commences before the commencement of section 32M, then section 32M(3) is amended by omitting "Part 6" and inserting instead "Part 2 of Chapter 7".
(1) In this clause--
"amending Act" means the Criminal Organisations Legislation Amendment Act 2009 .
(2) An application for a licence made, but not determined, before the commencement of this clause is to be dealt with under this Act as amended by the amending Act.
(3) Section 36, as amended by the amending Act, extends to a licence in force immediately before the commencement of this clause.
In
this Part--
"amendment Act" means the Better Regulation and Customer Service Legislation
Amendment (Bushfire Relief) Act 2020 .
"relevant period" means the period--
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because--(a) the person was suffering financial hardship, or(b) special circumstances existed.
(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to--
(a) a person who was suffering financial hardship--(i) during the relevant period, or(ii) because of events that happened during the relevant period, or
(b) special circumstances--(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
(1) In this clause--
"amendment day" means the day on which section 4A was inserted into the Act by the Better Regulation Legislation Amendment Act 2020 .
"existing exemption" means an exemption under clause 39 of the Pawnbrokers and Second-hand Dealers Regulation 2015 , as in force immediately before the amendment day.
(2) An existing exemption remains in force, as if it were an exemption granted under section 4A until the later of the following--(a) the day on which the Secretary grants an exemption under section 4A replacing the existing exemption,(b) 6 months after the amendment day.