Western Australian Current Regulations

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PAWNBROKERS AND SECOND-HAND DEALERS REGULATIONS 1996 - REG 32

32 .         Offences and modified penalties prescribed (Act s. 90)

        (1)         The offences created by the sections mentioned in column 2 of the Table to this regulation are prescribed for the purposes of section 90(2).

        (2)         The amount mentioned in column 4 of the Table to this regulation that corresponds to an offence mentioned in column 2 is the modified penalty for that offence for the purposes of section 90(4).

Table

Item

Section

Description of offence

Modified penalty
$

1.

27(4)

Failing to comply with licensing officer’s directions.


200

2.

36

Failing to display a sign at business premises.


100

3.

37(3)

Refusing or failing to comply with a request from a member of the police force to inspect employee records.




200

4.

38

Entering into a contract with a person under 18 years of age or a person apparently affected by alcohol or any drug.




200

5.

39

Failing to ascertain a person’s name and address and verify his or her identity.



200

6.

41

Failing to ensure that pawnbroker contract details are recorded.


300

7.

42

Failing to ensure that written statement is signed and given.


100

8.

43

Failing to ensure that second‑hand dealer contract details are recorded.



300

9.

44

Failing to ensure that a receipt and copy are signed and receipt given.


100

10.

47

Failing to ensure that pawned or second-hand goods are marked or labelled with distinguishing number of contract.




200

11.

48(1)

Unlawfully replacing a lost or stolen pawn ticket.


200

12.

48(2)

Charging a fee for a replacement pawn ticket.


200

13.

51

Failing to ensure that pawned goods are kept at business or storage premises.



200

14.

58(1)

Failing to calculate and record charges and any surplus.


100

15.

58(2)

Failing to allow record to be inspected.


100

16.

59

Failing to notify other party of any surplus due and entitlement to surplus.



100

17.

62

Failing to ensure second‑hand goods are kept at business or storage premises.



200

18.

63(1)

Requiring or receiving a fee for application to enter into contract.


100

19.

74(3)

Refusing or failing to comply with requirement of police to open storage premises.



200

20.

79

Failing to give prescribed information to Commissioner.


300

        [Regulation 32 inserted: Gazette 28 Jul 2000 p. 4025‑6; amended: Gazette 23 February 2001 p. 1170.]

        [Heading inserted: SL 2020/147 r. 10.]



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