Queensland Consolidated Acts

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SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - As at 9 December 2016 - 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    (Repealed)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 - Interpretation

   118.    Definition for pt 9

           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
           SCHEDULE 1
           SCHEDULE 3


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