Queensland Consolidated Acts
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SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003
- As at 25 May 2020
- Act 73 of 2003
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Objectives of Act
3A. Relationship with Fair Trading Inspectors Act 2014
PART 2 - INTERPRETATION
4. Definitions
5. Meaning of associate and effective control
PART 3 - LICENCES
Division 1 - Requirement to be licensed
6. Acting as licensee
Division 2 - Suitability of applicants and licensees
7. Suitability of applicants and licensees
8. Investigations about suitability of applicants and licensees
8A. Costs of criminal history report
9. Notice of change in criminal history
9A. Use of information obtained under s 8 or 9
Division 3 - Applying for, renewing or restoring a licence
10. Application for licence
11. Principal place of business
12. Decision on application for a licence
13. Renewal of licence
14. Restoration of licence
15. Decision on application for renewal or restoration of a licence
16. Licence continues pending decision about renewal
17. Licence continues pending decision about restoration
18. Requirement to give chief executive information
Division 4 - Suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence
19. Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence
20. Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence
20A. (Repealed)
21. Return of licence
21A. Automatic cancellation
Division 5 - Other provisions about licences
22. Condition that licensee comply with local laws
23. Condition that second-hand dealer not enter or remain at premises
24. Authorised place
25. Change of authorised place
26. Licence to include particular information
27. Change of licensee’s address
28. Licence to be kept on premises or with licensee
29. Change of associate
30. Licensee must give notice if licence lost, stolen, destroyed or damaged
31. Replacement of lost, stolen, destroyed or damaged licence
32. Surrender of licence
33. Return of expired licence
34. Licence not transferable
PART 4 - CONDUCT OF BUSINESS
Division 1 - Second-hand dealers
35. Where business may be carried on
36. Second-hand dealer must identify place of business
37. Second-hand dealer must keep a transactions register
38. Place transactions register to be kept
39. Second-hand dealer must give information to commissioner of police service
40. False or misleading entries in transactions register
41. Person must not alter transactions register
42. Employees must not be under 17
43. Second-hand dealer taken to be in possession of second-hand property
44. Second-hand dealer to keep property for 7 days
45. Second-hand dealer must not acquire property from particular persons
46. When a second-hand dealer may acquire property
47. Second-hand dealer must ask for information
48. Second-hand dealer to inform police about stolen property
49. Second-hand dealer to produce licence if asked
50. Holding out place as second-hand dealer’s business
Division 2 - Pawnbrokers
51. Where business may be carried on
52. Pawnbroker must identify place of business
53. Pawnbroker must keep a property register
54. Place property register to be kept
55. Pawnbroker must give information to commissioner of police service
56. False and misleading entries in property register
57. Person must not alter property register
58. Pawnbroker must give a person a pawn ticket
59. Presumption of right to redeem
60. Pawnbroker must not sell property before redemption period expires
61. Disposal of pawned property
62. If property is not redeemed within the redemption period
63. Sale of pawned property
64. Proceeds of sale of property
65. Person may inspect property register
66. Recovery rights if pawn wrongly sold or disposed of
67. Employees must not be under 17
68. Pawnbroker taken to be in possession of property
69. Pawnbroker must not acquire property from particular persons
70. Pawnbroker must ask for information
71. Pawnbroker to inform police about stolen property
72. Pawnbroker to produce licence if asked
73. Holding out place as pawnbroker’s business
74. Disposal of pledges if licence cancelled or not renewed
PART 5 - (Repealed)
PART 6 - GENERAL OFFENCES, LEGAL PROCEEDINGS AND REVIEW OF DECISIONS
Division 1 - General offences
96. False or misleading information
97. (Repealed)
98. Forging a licence
99. Person not to possess a licence without reasonable excuse
100. Person not to use or allow another person to use a licence
101. Person not to alter a licence
Division 2 - Legal proceedings
102. Proceeding for offence
103. Inspector may prosecute
104. Evidence
105. Effect of conviction for dealing in or selling property obtained by fraud
106. Attempts to commit offences
Division 3 - Review of decisions
107. Application for review of decisions by QCAT
107A. (Repealed)
107B. (Repealed)
108. (Repealed)
109. (Repealed)
110. (Repealed)
PART 7 - GENERAL PROVISIONS
111. Exchange of information
112. Confidentiality
112A. Delegation by chief executive
113. Officials not civilly liable
114. Approval of forms
115. Regulation-making power
PART 8 - REPEALS
116. Repeals
PART 9 - TRANSITIONAL PROVISIONS
Division 1 - (Repealed)
Division 2 - Transitional provisions for repeal of the Second-hand Dealers and Collectors Act 1984
119. Definition for div 2
120. Existing second-hand dealer’s licence
121. Existing applications for previous licences
122. Notice of revocation
123. Surrender notice
124. Change of address
125. Nominated property
126. Appeals to court
127. Existing authorised officers
128. References to repealed Act
Division 3 - Transitional provisions for repeal of the Pawnbrokers Act 1984
129. Definition for div 3
130. Existing pawnbroker’s licence
131. Existing applications for previous licences
132. Notice of revocation
133. Surrender notice
134. Change of address
135. Property pawned before the commencement
136. Appeals to court
137. Existing authorised officers
138. References to repealed Act
Division 4 - Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013
139. Applications not finally decided
Division 5 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016
140. Applications not finally decided
141. Proceedings not finally decided
Division 6 - Transitional provision for Justice and Other Legislation Amendment Act 2020
142. Existing applications
SCHEDULE 1
SCHEDULE 3
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