Western Australian Current Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994 - SECT 59

59 .         Notice as to surplus

        (1)         Subject to subsection (2), a pawnbroker who sells pawned goods must, within 14 days of the sale, send by pre-paid post to the last known address of the other party to the contract under which the goods were pawned, a notice informing the party —

            (a)         of the amount of any surplus proceeds of sale; and

            (b)         that the party is entitled to receive that amount from the pawnbroker at the pawnbroker’s business premises or in such other manner as may be agreed.

        Penalty: $2 000.

        (2)         Subsection (1) does not apply where —

            (a)         the other party in writing requested the pawnbroker not to give the party notice under that subsection; or

            (b)         the surplus is less than $25 or such other amount as prescribed.