New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996

- As at 13 January 2023 
- Act 13 of 1996 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Definition of "pawnbroker"
   4.      Restrictions on operation of this Act
   4A.     Exemptions
   5.      Buy-back contracts regarded as pledge and loan

   PART 2 - LICENSING OF PAWNBROKERS AND SECOND-HAND DEALERS

   6.      Pawnbrokers to be licensed
   7.      Dealers in second-hand goods to be licensed
   8.      Eligibility for licence
   8A.     Disqualified persons
   9.      Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
   10.     Duration of licence
   10A.    Time period for restoration of licences
   11.     Conditions of licences
   12.     Business and storage premises: second-hand dealers
   12A.    Business and storage premises: pawnbrokers
   12B.    Goods to be kept at approved business or storage premises: pawnbrokers
   13.     Register of licences

   PART 3 - REGULATION OF LICENSED BUSINESSES

   14.     Display of licence details
   15.     Evidence of identity and title of supplier of goods
   15A.    Evidence of identity of vendors at markets
   16.     Records
   17.     Production of records
   18.     Seizure of records
   19.     Duty to report suspicious goods
   20.     Inspection of goods
   21.     Retention of goods
           22, 23. (Repealed)
   24.     False or misleading information
   25.     Obstructing authorised officer
   26.     Penalty notices
   27.     Demerit points scheme

   PART 4 - SPECIAL PROVISIONS RELATING TO PAWNBROKERS

   28.     Pawnbroker's record of pledges
   29.     Redemption of pawned goods
   29A.    Agreement to extend redemption period
   29B.    Pawn agreement not to be varied
   29C.    Simultaneous discharge of pawn agreement and re-pawning of goods
   30.     Sale of unredeemed goods
   30A.    Fees and charges in respect of sale of unredeemed goods
   31.     Application of proceeds of sale
   31A.    Notice as to proceeds of sale
   32.     Pawnbroker not to purchase pawned goods
   32A.    Interest charges
   32B.    Interest charges and other charges after redemption period
   32C.    Signage to be displayed
   32D.    Sale or transfer of business

   PART 4A - DISPUTES AS TO OWNERSHIP OF GOODS AND RESTORATION OF GOODS

   32E.    Definitions
   32F.    Notice of entitlement to goods
   32G.    Proceedings before Tribunal for recovery of goods
   32H.    Retention of goods covered by restoration notice
   32I.    Role of courts
   32J.    Role of authorised officers
   32K.    False or misleading allegation or evidence
   32L.    Signage to be displayed
   32M.    Directions by court for restoration of goods

   PART 5 - REVOCATION, SUSPENSION AND VARIATION OF LICENCES

   33.     Revocation of licence as a consequence of offence
   33A.    Duty of licensee to report certain offences
   34.     Notices to show cause why licence should not be revoked
   35.     Licensee may adduce evidence
   36.     Disciplinary action by Secretary
   36A.    Disciplinary action against former licensees
   36B.    Decision to take no further action
   37.     Surrender of licence

   PART 6 - MISCELLANEOUS

   38.     Dealings that give rise to presumption of carrying on business
   38A.    Redemption of pawned goods if licence revoked, suspended, surrendered or not renewed
   39.     Administrative reviews of decisions of Secretary
   39A.    Delegation
   40.     Proceedings for offences
   40A.    Offences by corporations
   41.     Forfeiture of goods dealt with by unlicensed persons
   42.     Provision of information
   43.     Regulations
   44.     Disclosure or use of personal information by licensees and others
   44A.    No contracting out of Act
   44B.    No contracting out of liability for loss or damage
   45.     Savings and transitional provisions
   46.     Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2