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SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - SCHEDULE 3

SCHEDULE 3 – Dictionary


"acquire" , property, includes buy the property and receive the property as a gift.

"approved form" means a form approved by the chief executive under section 114 .

"associate" see section 5 (1) .

"authorised officer" ...

"authorised place" see section 24 .

"commencement" , for part 9 , see section 118 .

"control order" see the Penalties and Sentences Act 1992 , section 161N .

"conviction" means the acceptance of a plea of guilty, or a finding of guilt, by a court, whether or not a conviction is recorded.

"criminal history" , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than convictions for which the rehabilitation period has expired, and not been revived, under that Act.

"criminal intelligence" see the Criminal Code , section 86 (3) .

"criminal organisation" ...

"dealing" , in property, includes acquiring, disposing of, exchanging and selling property, and includes dealing on commission.

"disqualifying offence" means—

(a) an offence wherever committed in Australia involving fraud or dishonesty that is punishable by imprisonment for 3 months or more; or
(b) an offence against a provision of the Criminal Code mentioned in schedule 1 ; or
(c) an offence that is—
(i) a prescribed offence within the meaning of the Penalties and Sentences Act 1992 , section 161N ; and
(ii) committed with a serious organised crime circumstance of aggravation within the meaning of the Penalties and Sentences Act 1992 , section 161Q ; or
(d) an offence against a provision of a law of another State or of the Commonwealth that provides for the same matter as a law mentioned in paragraph (b) .

"effective control" see section 5 (2) .

"executive officer" , of a corporation, means a person who is concerned with, or otherwise takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

"FTI Act" see section 3A (1) .

"identified participant" ...

"information notice" ...

"inspector" means a person who holds office under the FTI Act as an inspector for this Act.

"licence" means a second-hand dealer’s licence or a pawnbroker’s licence.

"licensee" means the holder of a licence.

"location" means a place, other than premises, where a licensee may carry on business under a licence, and includes a place where an antique fair, antique market, flea market or trash and treasure market is carried on.

"market operator" means a person who carries on the business of conducting—
(a) a trash and treasure market; or
(b) a flea market; or
(c) an antique market; or
(d) an antique fair.

"nominated property" means second-hand property that is—
(a) property, other than an item of household furniture, that may be identified by—
(i) a make, model or serial number on the property; or
(ii) an inscription; or
(b) electrical property, other than a refrigerator, washing machine, clothes dryer, stove or dishwasher; or
(c) jewellery; or
(d) a precious metal; or
(e) a musical instrument; or
(f) photographic equipment; or
(g) a natural diamond or gem stone.

"pawn" includes pledge.

"pawnbroker" means a person who—
(a) carries on the 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; and
(b) holds a pawnbrokers licence.

"pawn ticket" see section 58 (1) .

"place" means premises or a location.

"premises" means a building or structure, or part of a building or structure, where a licensee carries on the licensee’s business, other than on a casual basis.
Example of a licensee carrying on business on a casual basis—
A licensee conducting a stall at an established market.

"property" means personal property, other than money or things in action.

"property register" see section 53 (1) .

"QCAT information notice" means a notice complying with the QCAT Act , section 157 (2) .

"redemption period" , for pawned property, means the period stated under section 60 (2) for redeeming the property.

"registered corresponding control order" see the Penalties and Sentences Act 1992 , section 161N .

"relevant control order" , in relation to a licence, means a control order or registered corresponding control order that restricts the person to whom the order applies from carrying on a business, engaging in an occupation or performing an activity that requires the licence.

"repealed Act" —
(a) for part 9 , div 2 , see section 119 ; or
(b) for part 9 , div 3 , see section 129 .

"replacement pawn ticket" see section 58 (3) .

"second-hand dealer" means a person—
(a) who—
(i) carries on the business of dealing in second-hand property; or
(ii) is a market operator; and
(b) who holds a second-hand dealers licence.

"second-hand property" means personal property that has been used, other than the following types of property—
(a) newspapers, books, pamphlets, periodicals or other printed publications; or
(b) stamps or coins; or
(c) property returned for refund or exchange by a person who purchased it as new property; or
(d) motor vehicle batteries; or
(e) used tyres removed from a car, motorbike or trailer within the meaning of the Transport Operations (Road Use Management) Act 1995 ; or
(f) other property prescribed under a regulation.

"sell" includes barter, exchange or agree or offer to sell.

"transactions register" see section 37 (1) .

"used" includes worn or otherwise applied for any purpose.


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