Western Australian Current Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994 - SECT 86

86 .         Summary orders where competing claims to goods

        (1)         Where a member of the Police Force —

            (a)         has seized goods under this Act; or

            (b)         under any other written law has seized from —

                  (i)         a pawnbroker or second-hand dealer; or

                  (ii)         a person who obtained from a pawnbroker or second-hand dealer,

                goods suspected to have been stolen or otherwise unlawfully obtained,

                and competing claims have been made as to rights in respect of the goods, the member may apply to the Magistrates Court for an order under this section.

        (2)         The Magistrates Court may —

            (a)         make an order for the delivery of the goods to the party who appears to be the rightful owner of the goods; or

            (b)         where the owner cannot be ascertained, make such order with respect to the goods as the court thinks just,

                and may make an order for the payment by or to a party making a claim for the goods of an amount of money as determined by the court at or by the time stated in the order.

        [Section 86 amended: No. 59 of 2004 s. 141.]