Western Australian Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1994 - SECT 3

3 .         Terms used in this Act

        (1)         In this Act, unless the contrary appears — 

        approved , in relation to a form, means approved by the Commissioner;

        business premises means premises at which, under a licence — 

            (a)         business may be conducted with members of the public; and

            (b)         goods may be stored;

        Commissioner means the person for the time being holding or acting in the office of Commissioner of Police appointed under the Police Act 1892 ;

        Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

        licence means a pawnbroker’s licence or a second-hand dealer’s licence;

        licensee means a person who holds a licence;

        officer , in relation to a body corporate, includes a director, secretary, executive officer or employee of the body;

        pawnbroker has the meaning given by section 3A;

        pawn ticket means a statement required to be given under section 42;

        redemption period means the period referred to in section 50(1)(a)(i) or (ii), whichever applies in the particular case;

        second-hand dealer means a person conducting the business of buying, selling or exchanging second-hand goods, whether the goods are bought, sold or exchanged on the person’s own behalf or on behalf of another person;

        second-hand goods means any goods which have been worn or otherwise used but does not include goods belonging to a class of goods prescribed by the regulations as goods not to be treated as second-hand goods for the purposes of this Act;

        storage premises means premises at which, under a licence, goods may be stored.

        (2)         In this Act a reference to goods in the possession of a person includes a reference to goods under that person’s control.

        (3)         In this Act, unless the contrary appears, a reference to a contract is a reference — 

            (a)         in the case of a pawnbroker, to a contract for the lending of money on the security of pawned goods or for the receiving of goods under a contract of sale where the seller has a right to buy back the goods; and

            (b)         in the case of a second-hand dealer, to a contract for the purchase, sale or exchange of second-hand goods.

        (4)         In this Act, unless the contrary appears, words importing the masculine gender also import the neuter.

        (5)         In this Act a reference to the purchase, sale or exchange of goods in relation to a second-hand dealer includes a reference to a purchase, sale or exchange, as the case may be, of goods by the dealer on behalf of another person.

        [Section 3 amended by No. 46 of 2006 s. 4.]