Western Australian Current Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994 - SECT 81

81 .         Seizure of goods suspected stolen

        (1)         Where a member of the Police Force has lawfully entered premises to which a licence applies and has reasonable cause to suspect that goods in the possession of a pawnbroker or second-hand dealer have been stolen or otherwise unlawfully obtained, the member may without warrant seize the goods.

        (2)         Where goods are seized from a pawnbroker or second-hand dealer a member of the Police Force is to —

            (a)         issue a receipt for the goods as soon as practicable; and

            (b)         where the record is in a signable format and the person who at the time is apparently in charge of the premises so requests, sign the record.

        (3)         Where it is established to the satisfaction of a member of the Police Force that goods seized from a pawnbroker or second-hand dealer have not been stolen or otherwise unlawfully obtained, a member of the Police Force is to return the goods to the pawnbroker or second-hand dealer as soon as practicable.

        (4)         Where subsection (3) does not apply in relation to goods seized from a pawnbroker or second-hand dealer, a member of the Police Force —

            (a)         is to return the goods to the owner of the goods; or

            (b)         where competing claims have been made as to rights in respect of the goods, keep the goods in safe custody until the claims have been determined,

                and in either case, is to notify the pawnbroker or second-hand dealer of the manner of disposal.

        (5)         Nothing in subsection (4) affects any right of a pawnbroker or second-hand dealer to take proceedings to recover possession of goods seized from the pawnbroker or dealer but the proceedings must be commenced within 6 months after the day the goods are seized.