Secondhand Dealers and Pawnbrokers Act 2004
070
ANALYSIS
Analysis
Title
1 Title
1: Preliminary provisions
2 Commencement
3 Purpose
4 Interpretation
5 Act binds the Crown
2: Licences and certificates
6 Secondhand dealers engaged in business to be licensed
7 Pawnbrokers to be licensed
8 Application for licence
9 Issue of licence: individual applicant
10 Issue of licence: company applicant
11 Refusal to issue licence
12 Certified copies of licence
13 Effect of licence
14 Individual licence holder regarded as holding certificate
15 Expiry and renewal of licences
16 Cancellation of licences
17 Updating licence information
18 Licences not transferable, except to temporary licence holder
19 Who must hold certificate
20 Offences relating to failure to hold certificate
21 Application for certificate
22 Disqualification from holding certificate
23 Waiver of disqualification
24 Checks on applicants
25 Police objection
26 What happens if police object to applicant
27 Hearing into police objection
28 Eligibility for, and issue of, certificate
29 Complaints by police about certificate holders, licence holders, and persons concerned in management of company
30 Expiry and renewal of certificates
31 Cancellation and suspension of certificates
32 Obligation to show certificate
33 Updating certificate information
34 Appeals against decision of Licensing Authority
35 Determination of appeal
3: Obligations of licence holders, promoters, and internet auction providers
36 Obligation to show and to display licence
37 Employee records
38 Police access to employee records
39 Obligation to report and hold stolen goods
40 Police may issue hold notice
41 Obligation to give police access to goods
42 Dealers record
43 Verifying identity
44 Storage of dealers record
45 Police access to dealers record
46 Secondhand dealers not to enter into buyback contracts
47 Articles to be kept for 14 days
48 Articles to be labelled
49 Modification of rules where groups of articles acquired as single item
50 Offences relating to secondhand dealing
51 Pawnbrokers record
52 Verifying identity of pledgers
53 Storage of pawnbrokers record
54 Police access to pawnbrokers record
55 Pawnbrokers not to enter into buyback contracts
56 Pawnbrokers to enter into contracts only at pawnbroking premises
57 Redemption price
58 Redemption date
59 Pledge tickets
60 Pawned goods to be retained until redemption date
61 Pawned goods to be labelled
62 Right of pledger to redeem and inspect pawned goods
63 Right of pawnbroker to sell unredeemed goods after redemption date and retain redemption price
64 What happens if sale price is greater than redemption price
65 Miscellaneous rules about pawnbroking
66 Sale of goods by pledger to pawnbroker
67 Offences relating to pawnbroking
68 Promoters record
69 Internet auction providers record
4: Licensing Authority of secondhand dealers and pawnbrokers, and miscellaneous provisions
70 Appointment of Licensing Authority
71 Deputy Licensing Authorities
72 Remuneration, and status under certain Acts
73 Immunity
74 Functions of Licensing Authority
75 Administrative support for Licensing Authority
76 Delegations
77 Annual report
78 Public registers of licence holders and of certificate holders
79 Content of licence holders register
80 Content of certificate holders register
81 Public access to public registers
82 Police access to other information held by Licensing Authority
83 Charges involving failure to show or make copy of document, or show or make available any thing
84 Regulations
85 Existing licence deemed to be transitional licence
86 Applications not complete by commencement date
87 Repeal of Secondhand Dealers Act 1963 and Pawnbrokers Act 1908
88 Repeal of regulations
89 Consequential amendments
Schedule(s)
1 FIRST: Articles for purposes of this Act
2 SECOND: Forms of authorised identification
3 THIRD: Enactments repealed or amended