Western Australian Current Acts

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PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994 - SECT 53

53 .         When goods not to be redeemed

        (1)         Section 52 does not apply where —

            (a)         the pawnbroker has been informed by a credible person or has reason to believe that the person who produces the pawn ticket is not the owner of the goods or pawn ticket or is not acting with the owner’s authority;

            (b)         the pawnbroker has been informed by the owner of the pawn ticket or some other credible person that the ticket has been lost, stolen or otherwise unlawfully taken;

            (c)         the provisions of a notice under section 80 prevent delivery of the goods;

            (d)         the goods have been seized by a member of the Police Force; or

            (e)         the goods are not in the possession of the pawnbroker and the pawnbroker had previously reported to a member of the Police Force that the goods had been stolen or otherwise unlawfully obtained from the pawnbroker.

        (2)         A pawnbroker who does not deliver goods under section 52 in reliance on subsection (1)(a) or (b) must, as soon as is practicable, notify a member of the Police Force of the reasons for non-delivery and where the name and address of the person who requested the delivery are known to the pawnbroker, the name and address of that person.

        Penalty: $2 000.



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