Western Australian Current Acts Western Australian Current Acts
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used in this Act
3A. Meaning of “pawnbroker”
4. Application
5. Buy-back contracts regarded as lending money on security of pawned goods
PART 2 -- Licensing of pawnbrokers and second-hand dealers
Division 1 -- Requirement for licences
6. Pawnbrokers to be licensed
7. Second-hand dealers to be licensed
8. Natural persons only to be licensed
8A. Premises in respect of which licences apply
9. Offence of holding out, etc.
Division 2 -- Licensing
10. Licensing officers
11. Notice of intention to apply for licence
12. Expedited applications
13. How to apply for issue of licence
14. Documentation in support of application for issue of licence
15. How and when to apply for renewal of licence
16. Documentation in support of application for renewal of licence
17. Offences in relation to licence applications
18. Objections to issue or renewal of licences
19. Issue of licences
20. Renewal of licences
21. Issue and renewal of licences held on behalf of partnerships and bodies corporate
22. Declining issue or renewal of licence
23. Form of licences
24. Conditions and restrictions
25. Not transferable
26. Duration of licences
27. Suspension, revocation of licences and disqualification
28. Commissioner to keep register of licences
Division 3 -- Review of licensing decisions
30. Review
32. Returns by executive officer of the State Administrative Tribunal
33. Effect of charges pending on Court hearings
Division 4 -- Powers of courts generally in relation to licences
34. Courts may suspend, revoke licence or disqualify person upon conviction
35. Returns by courts
Division 5 -- Other requirements in relation to licences
36. Sign to be displayed
37. Certain employee records to be kept, provided to police
37A. Advertisements
PART 3 -- Contracts with pawnbrokers and second-hand dealers
Division 1 -- Duties of pawnbrokers and second-hand dealers
38. Persons under 18 or affected by alcohol or drugs
39. Identification of persons
40. Offences in relation to false information
41. Records to be made by pawnbrokers
42. Pawn tickets
43. Records to be made by second-hand dealers
44. Records to be provided by second-hand dealers
45. Keeping of records
46. Tampering with records
47. Goods to carry contract number
48. Pawn ticket “lost” or “stolen”
Division 2 -- Redemption and sale of goods
49. Term used in this Division
50. When goods may be redeemed
51. Where pawned goods to be kept
52. When goods to be redeemed
53. When goods not to be redeemed
54. Redemption only to holder of pawn ticket
55. Sale of unredeemed goods
56. Unredeemed goods not to be bought by or on behalf of pawnbroker
57. Application of proceeds of sale
58. Records to be made on sale of unredeemed goods
59. Notice as to surplus
60. Payment of surplus on demand
Division 3 -- Retention of second-hand goods
61. Second-hand goods to be kept unchanged at least 14 days
62. Where second-hand goods to be kept
Division 4 -- Other matters relating to contracts with pawnbrokers and second-hand dealers
63. Pawnbroker not to charge establishment fee
64. Re-pledging of goods prohibited
65. No contracting out of liability for loss or damage
66. Buyer may be compensated
67. Certain rights etc. saved
68. Reopening pawnbroking contracts
69. Civil consequences of breach of section
70. Civil consequences of breach of section
71. Criminal liability
72. Breach does not otherwise vitiate contract
73. Relief from sections 69 and
PART 4 -- Enforcement
74. Entry to and inspection of licensed premises without warrant
75. Assistance in the location of goods at licensed premises
76. Provision of, and assistance in relation to, records etc.
77. Police may seize records for certain purposes
78. Police to be informed in certain circumstances
79. Information about goods to be given to Commissioner in accordance with regulations
80. Notice to stop dealing
81. Seizure of goods suspected stolen
82. Name and address
83. Power of pawnbrokers, dealers etc. to arrest
84. Offence of hindering police
85. Summary orders where goods stolen, pawned etc.
86. Summary orders where competing claims to goods
87. Procedure for sections 85 and
88. Licensee’s liability for employees, agents
89. Liability of partners and bodies corporate
90. Infringement notices
PART 5 -- Miscellaneous
91. Delegation by Commissioner
92. Financial Management Act 2006 and Auditor General Act 2006
93. Orders to enable redemption of goods where licence revoked etc.
94. Service
95. Secrecy
96. Protection from liability
97. Evidentiary provisions
98. Regulations
Uncommenced provisions table
Other notes
Defined terms
and for related purposes.