Queensland Consolidated Acts

SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - SECT 6

6 Acting as licensee

(1) A person must not carry on a business of dealing in second-hand property or act as a market operator unless the person is a second-hand dealer.

Penalty—

Maximum penalty—200 penalty units.

(2) However, the following persons do not contravene subsection (1) —

(a) a pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act;

(b) a chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person’s licence or registration certificate under that Act;

(c) a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person’s licence under that Act;

(d) a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others;

(e) a person dealing in second-hand property for a charity registered under the Collections Act 1966 ;

(f) a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966 ;

(g) a local government;

(h) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ;

(i) a company registered under the Life Insurance Act 1995 (Cwlth) ;

(j) a trustee company under the Trustee Companies Act 1968 .

(3) A person must not carry on a business of advancing, on interest or in expectation of profit or reward, an amount on the principal or collateral security of property taken by the person as a pawn unless the person is a pawnbroker.

Penalty—

Maximum penalty—200 penalty units.

(4) However, the following persons making advances in the ordinary course of banking or mercantile transactions on the security of property taken as a pawn do not contravene subsection (3) —

(a) a chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014 ;

(b) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ;

(c) a broker, commission agent or merchant.