Version No. 003
Second-Hand Dealers and Pawnbrokers
Regulations 2008
S.R. No. 140/2008
Version incorporating amendments as at
3 July 2012
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
5
1
Objective
Commencement
Authorising provision
Revocation
Definition
1
1
1
2
2
PART 2—REGISTRATION
3
6
7
Fees
Register
3
3
PART 3—CONDUCT OF BUSINESS
8
9
10
11
12
13
14
15
Prescribed categories of evidence as to identity—persons
selling or pawning goods
Recording transactions
Identifying mark or number
Pawn ticket and notice
Lost pawn ticket
Period of loan
Redemption of goods
Sale of unredeemed goods
PART 4—ENFORCEMENT
16
17
18
5
5
6
10
10
11
11
11
12
13
Embargo notice
Infringement offences and infringement penalties
Verifying statement
__________________
i
13
13
15
Regulation
Page
SCHEDULES
16
SCHEDULE 1—Revoked Regulations
16
SCHEDULE 2—Pawn Ticket
17
SCHEDULE 3—What are My Rights when I Pawn Goods?
18
SCHEDULE 4—Notice of Sale of Pawned Goods
21
SCHEDULE 5—Embargo Notice
23
SCHEDULE 6—Verifying Statement under section 25(2B) of the Act
25
═══════════════
ENDNOTES
26
1. General Information
26
2. Table of Amendments
27
3. Explanatory Details
28
ii
Version No. 003
Second-Hand Dealers and Pawnbrokers
Regulations 2008
S.R. No. 140/2008
Version incorporating amendments as at
3 July 2012
PART 1—PRELIMINARY
1 Objective
The objective of these Regulations is to provide
for—
(a) fees payable under the Act;
(b) the particulars to be recorded in the register
of second-hand dealers;
(c) categories of documents as to identity;
(d) record-keeping requirements;
(e) forms;
(f) the manner of disposal by pawnbrokers of
unredeemed goods;
(g) offences in respect of which an infringement
notice may be issued.
2 Commencement
These Regulations come into operation on
21 December 2008.
3 Authorising provision
These Regulations are made under section 31 of
the Second-Hand Dealers and Pawnbrokers Act
1989.
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4 Revocation
The Regulations referred to in Schedule 1 are
revoked.
5 Definition
In these Regulations, the Act means the SecondHand Dealers and Pawnbrokers Act 1989.
__________________
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Part 2—Registration
r. 6
PART 2—REGISTRATION
6 Fees
(1) For the purposes of section 7(2)(c) of the Act, the
fee that must accompany an application for
registration as a second-hand dealer is 9 fee units.
(2) For the purposes of section 8B(3) of the Act, the
fee for an application by a person to vary or
revoke any conditions imposed on registration is
3 fee units.
(3) For the purposes of section 10A(3)(b) of the Act,
the fee to accompany a permission application is
59 fee units.
(4) For the purposes of section 11 of the Act, the
annual registration fee is 3 fee units.
(5) For the purposes of section 11AA of the Act, the
annual endorsement fee is nil.
(6) For the purposes of section 11A(4) of the Act, the
fee for late payment or lodgement is 1 fee unit.
(7) For the purposes of section 13(3) of the Act, the
fee for a copy of the register is $5.
7 Register
For the purposes of section 13(1) of the Act, the
following are the particulars to be contained in the
register in respect of each person registered under
Part 2 of the Act—
(a) registration number issued by the Authority;
(b) name and business name of the person;
(c) the date of the grant of the registration or the
date of any suspension of the registration;
(d) registration conditions;
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(e) address and telephone number of each
premises from which the person carries on
business;
(f) if the person is a registered corporation—
(i) the name of each director;
(ii) the date of appointment of each
director;
(iii) the date of cessation of appointment of
each director;
(g) an Australian Business Number (if any) held
by the person;
(h) the address of any internet site maintained by
the person for the purposes of carrying on a
business as a second-hand dealer or
pawnbroker.
__________________
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Part 3—Conduct of Business
r. 8
PART 3—CONDUCT OF BUSINESS
8 Prescribed categories of evidence as to identity—
persons selling or pawning goods
In addition to the documents referred to in
section 19(1) of the Act, the following categories
of documents are prescribed categories—
(a) in the case of a natural person—
(i) a full birth certificate or an extract of
birth;
(ii) a certificate of Australian citizenship;
(iii) a marriage certificate;
(iv) the following cards issued by or on
behalf of the Commonwealth
Department of Families, Housing,
Community Services and Indigenous
Affairs or the Commonwealth
Department of Health and Ageing—
(A) Commonwealth seniors health
cards;
(B) health care cards;
(C) pensioner concession cards;
(v) any other card issued by or on behalf of
the Commonwealth Department of
Families, Housing, Community
Services and Indigenous Affairs, the
Commonwealth Department of Health
and Ageing or the Commonwealth
Department of Veterans' Affairs that
certifies entitlement to Commonwealth
health concessions;
(vi) an identification card issued by a
tertiary educational institution;
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(vii) a licence issued under the Firearms
Act 1996;
(b) in the case of a body corporate, a certificate
of registration or incorporation.
9 Recording transactions
(1) For the purposes of section 20 of the Act, a
second-hand dealer or pawnbroker must keep
records of transactions in—
(a) a bound record book; or
(b) a computerised record-keeping system.
(2) A second-hand dealer must record in the bound
record book or computerised record-keeping
system, during or immediately after every
transaction in which the second-hand dealer
receives second-hand goods, the following
information—
(a) an accurate description of the goods
received, including a description of any
identifying mark or label on the goods;
(b) the identifying mark or number assigned by
the second-hand dealer to the goods;
(c) the full name and address of the person from
whom the goods were received;
(d) details of identification provided by that
person;
(e) the date and time the goods were received;
(f) the price, if any, paid for the goods;
(g) if applicable, the name of the person acting
on behalf of the second-hand dealer in the
transaction.
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(3) A pawnbroker must record in the bound record
book or the computerised record-keeping system,
during or immediately after every transaction, the
following information in respect of each
transaction—
(a) the number of the transaction (corresponding
with the number of the pawn ticket issued);
(b) an accurate description of the second-hand
goods pawned, including a description of any
identifying mark or label on the goods;
(c) the full name and address of the person from
whom the goods were received;
(d) details of identification provided by that
person;
(e) the address to which notices to the person
from whom the goods are received are to be
sent;
(f) if the person from whom the goods are
received requests an alternative address for
the service of notices, that address;
(g) the date on which the goods are pawned;
(h) the amount of any money advanced on the
security of goods received in pawn;
(i) the charge imposed on the pawn transaction;
(j) the amount and date of every payment to the
pawnbroker as part or full payment of a loan;
(k) the period of any loan made by the
pawnbroker;
(l) if the pawned goods are redeemed, the date
of the redemption;
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(m) if the pawned goods are not redeemed—
(i) the date of any sale of the goods, the
price paid and the reasonable costs of
sale; or
(ii) if the goods are not sold, the manner in
which the goods are disposed of.
(4) If a second-hand dealer buys or exchanges
second-hand goods—
(a) in a lot or parcel at the same time; and
(b) the value of each item in the lot or parcel is
less than $50—
subregulation (2) is satisfied if the lot or parcel is
described in one entry in the record book or the
computerised record-keeping system.
(5) If a second-hand dealer buys or exchanges
second-hand goods—
(a) in a lot or parcel at the same time; and
(b) the value of an item in the lot or parcel is $50
or more; and
(c) the item valued at $50 or more has an
identifying mark or label—
the second-hand dealer must enter a record of that
item in the record book or onto the computerised
record-keeping system, in accordance with
subregulation (2) and the remainder of the lot or
parcel may be recorded in accordance with
subregulation (4).
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(6) If a second-hand dealer buys second-hand goods
at auction, subregulation (2) is satisfied if the
second-hand dealer—
(a) obtains a receipt signed by the auctioneer
containing the following information—
(i) an accurate description of the goods
received, including a description of any
identifying mark or label on the goods;
(ii) the identifying mark or number
assigned by the second-hand dealer to
the goods;
(iii) the full name and business address of
the auctioneer who conducted the
auction;
(iv) the date on which the goods were
received from the second-hand dealer;
(v) the price paid for the goods at auction;
(vi) the name of the person acting on behalf
of the second-hand dealer in the
transaction; and
(b) enters in the record book or computerised
record-keeping system a reference to identify
the receipt.
(7) If a second-hand dealer imports second-hand
goods from outside Australia, subregulation (2) is
satisfied if the second-hand dealer—
(a) keeps the documents of consignment and
customs documents relating to the goods;
and
(b) enters in the record book or computerised
record-keeping system a reference to identify
those documents.
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Part 3—Conduct of Business
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(8) If a second-hand dealer or pawnbroker receives
second-hand goods or pawned goods at any
premises other than those notified to the
Authority, the second-hand dealer or pawnbroker
must record the transaction in the bound record
book or computerised record-keeping system as
soon as practicable after the transaction.
10 Identifying mark or number
A second-hand dealer must ensure that the
identifying mark or number assigned to secondhand goods received by the dealer remains affixed
to the goods at all times until the goods are sold or
otherwise disposed of by the second-hand dealer.
Penalty: 20 penalty units.
11 Pawn ticket and notice
(1) A pawn ticket issued by a pawnbroker under
section 23(3)(a) of the Act must contain the
particulars listed in Schedule 2.
(2) A notice under section 23(3)(b) of the Act must be
in the form set out in Schedule 3 and—
(a) the heading to the form and the headings
"In brief", "For further information" and
"In more detail" must be printed in bold type
and in a font size not less than 14 points; and
(b) the words between "In brief" and
"For further information" must be printed in
bold type and in a font size not less than
12 points; and
(c) all other headings must be printed in bold
type and in a font size not less than
12 points; and
(d) the remainder of the form must be printed in
a font size not less than 12 points.
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Part 3—Conduct of Business
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(3) A pawnbroker must not charge a fee to issue a
pawn ticket.
Penalty: 20 penalty units.
12 Lost pawn ticket
A pawnbroker must issue a duplicate pawn ticket
if a person who pawned goods produces to the
pawnbroker—
(a) a statutory declaration that the person has
lost the pawn ticket or the pawn ticket has
been stolen; and
(b) evidence as to the person's identity referred
to in section 19(1) of the Act.
Penalty: 20 penalty units.
13 Period of loan
(1) A pawnbroker must fix the period of the loan on
the security of pawned goods at the time the goods
are pawned.
Penalty: 20 penalty units.
(2) The period of a loan for pawned goods
commences on the day the goods are pawned.
14 Redemption of goods
(1) A person who has pawned goods may redeem the
goods by paying the outstanding amount of the
loan and producing to the pawnbroker—
(a) the pawn ticket or duplicate pawn ticket; and
(b) evidence as to the person's identity referred
to in section 19(1) of the Act.
(2) A person who has pawned goods may redeem the
goods at any time before the pawnbroker sells or
disposes of them despite the expiry of the period
of the loan.
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Part 3—Conduct of Business
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15 Sale of unredeemed goods
(1) Subject to this regulation, if—
(a) the period of a loan expires and is not
extended; and
(b) the goods pawned as security on the loan are
unredeemed—
the pawnbroker must offer the goods for sale as
soon as practicable and so as to receive the best
price reasonably obtainable.
Penalty: 20 penalty units.
(2) A notice under section 23A(3) of the Act must be
in the form set out in Schedule 4 and—
(a) the heading to the form and the words
commencing "Name and address of
pawnbroker" and ending "Date by which you
must claim this money" and the words "What
you need to do" and "Details of pawned
goods and sale" must be printed in bold type
and in a font size not less than 14 points; and
(b) the remainder of the form must be printed in
a font size not less than 12 points.
(3) A pawnbroker must not purchase goods that have
been pawned as security with the pawnbroker and
have not been redeemed at or after the expiration
of the period of the loan.
Penalty: 20 penalty units.
__________________
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Part 4—Enforcement
r. 16
PART 4—ENFORCEMENT
16 Embargo notice
For the purposes of section 26P(1) of the Act, an
embargo notice must be in the form set out in
Schedule 5.
17 Infringement offences and infringement penalties
(1) For the purposes of section 26ZB(1) of the Act, an
offence against the following provisions is an
additional offence in respect of which an
infringement notice may be issued—
(a) sections 11B(a), 11B(b), 11B(c), 11C(4),
12(a), 12(b), 12(c), 12(d), 17(1), 17(2)
and 18D of the Act; and
(b) regulations 12, 13(1) and 15(3) of these
Regulations.
(2) For the purposes of Division 3 of Part 5 of the
Act, if an offence specified in column 2 of the
following Table is dealt with by infringement
notice, the infringement penalty for that offence is
the penalty specified in the corresponding entry of
column 3 of the Table.
Column 1
Column 2
Item
Infringement Offence
Column 3
Infringement
Penalty
1
An offence against
section 11B(a) of the Act
5 penalty
units
2
An offence against
section 11B(b) of the Act
5 penalty
units
3
An offence against
section 11B(c) of the Act
5 penalty
units
4
An offence against
section 11C(4) of the Act
2 penalty
units
5
An offence against
section 12(a) of the Act
2 penalty
units
13
Reg. 17
substituted by
S.R. No.
75/2012 reg. 3.
Second-Hand Dealers and Pawnbrokers Regulations 2008
S.R. No. 140/2008
Part 4—Enforcement
r. 17
Column 1
Column 2
Item
Infringement Offence
Column 3
Infringement
Penalty
6
An offence against
section 12(b) of the Act
2 penalty
units
7
An offence against
section 12(c) of the Act
2 penalty
units
8
An offence against
section 12(d) of the Act
2 penalty
units
9
An offence against
section 17(1) of the Act
5 penalty
units
10
An offence against
section 17(2) of the Act
5 penalty
units
11
An offence against
section 18D of the Act
5 penalty
units
12
An offence against
section 20 of the Act
5 penalty
units
13
An offence against
section 21(1) of the Act
5 penalty
units
14
An offence against
section 21A of the Act
5 penalty
units
15
An offence against
section 23(2) of the Act
5 penalty
units
16
An offence against
section 23(3) of the Act
5 penalty
units
17
An offence against
section 23A(3) of the Act
3 penalty
units
18
An offence against
section 24B of the Act
5 penalty
units
19
An offence against
regulation 12 of these
Regulations
3 penalty
units
20
An offence against
regulation 13(1) of these
Regulations
5 penalty
units
21
An offence against
regulation 15(3) of these
Regulations
5 penalty
units
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Part 4—Enforcement
r. 18
18 Verifying statement
For the purposes of section 25(2B) of the Act, the
prescribed form of statement is the form set out in
Schedule 6.
__________________
15
Reg. 18
inserted by
S.R. No.
20/2009 reg. 3.
Second-Hand Dealers and Pawnbrokers Regulations 2008
S.R. No. 140/2008
Sch. 1
SCHEDULES
SCHEDULE 1
Regulation 4
REVOKED REGULATIONS
S.R. No.
Title
175/1997
Second-Hand Dealers and Pawnbrokers Regulations 1997
61/2002
Second-Hand Dealers and Pawnbrokers (Amendment)
Regulations 2002
92/2002
Second-Hand Dealers and Pawnbrokers (Exemption)
Regulations 2002
170/2004
Second-Hand Dealers and Pawnbrokers (Forms)
Regulations 2004
__________________
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S.R. No. 140/2008
Sch. 2
SCHEDULE 2
Regulation 11(1)
PAWN TICKET
Second-Hand Dealers and Pawnbrokers Act 1989
Name of pawnbroker:
Address of pawnbroker:
Full name and address of person from whom goods are received:
Date of loan:
Amount loaned:
Description of goods pawned:
Number of transaction:
Charges:
Period of loan:
Amount(s) paid and date(s) of payment (if any):
__________________
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Sch. 3
SCHEDULE 3
Regulation 11(2)
WHAT ARE MY RIGHTS WHEN I PAWN GOODS?
Second-Hand Dealers and Pawnbrokers Act 1989
In brief
 The pawnbroker must give you a pawn ticket and
written notice of the charge you will have to pay in
addition to the loan.
 If you do not repay your loan in time, the pawnbroker
can sell your goods without telling you.
 If the pawnbroker sells your goods, you are entitled to
claim the money left from the proceeds of sale after the
money you owe under the loan, any unpaid
pawnbroker's charge and the reasonable costs of sale of
the goods have been deducted.
For further information
 If you have any questions about your rights when you pawn
goods or if you have a complaint about a pawnbroker,
please contact Consumer Affairs Victoria.
In more detail
Pawnbroker's charge
The pawnbroker will charge you a weekly or monthly amount
(sometimes called interest) and must give you written notice of
the amount of the charge.
The pawnbroker's premises must have a sign that shows the
maximum amount charged by the pawnbroker on pawn
transactions.
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S.R. No. 140/2008
Sch. 3
The pawnbroker must not charge you more than the maximum
amount shown on the sign, unless the notice given to you states
the reason for the higher amount and you agree in writing to pay
the higher amount. You must also be given a copy of this
agreement.
Repaying the loan
You may repay your loan at any time before the pawnbroker
sells your goods, even if the period of your loan has ended.
The pawnbroker must record on your pawn ticket all payments
you make on your loan.
Claiming your pawned goods
You may claim your goods back by paying what you owe under
the loan, and the amount of unpaid pawnbroker's charge.
You may claim your goods back at any time before the
pawnbroker sells them, even if the period of your loan has
ended. When you claim your goods back you must show the
pawnbroker—
 your pawn ticket; and
 one piece of identification with a photograph of yourself
(such as a passport or a driver licence) or two pieces of
identification without a photograph (such as a birth
certificate, health care card or a marriage certificate).
If you do not have these, either the pawnbroker or
Consumer Affairs Victoria can advise you what other
identification can be used.
Lost or stolen tickets
If your pawn ticket is lost or stolen, the pawnbroker must give
you a replacement pawn ticket if you provide—
 a statutory declaration stating that your ticket has been lost
or stolen; and
 proof of identity as set out above.
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S.R. No. 140/2008
Sch. 3
Selling unclaimed pawned goods
 If you do not claim back your goods by the end of the loan
period the pawnbroker can sell them without telling you.
 The pawnbroker must sell your goods as soon as practicable
after the end of the loan period and must obtain the best
price reasonably obtainable for the goods.
 It is illegal for the pawnbroker to buy your goods.
Money left over from the sale of unclaimed pawned goods
 If your goods are sold, the pawnbroker is entitled to deduct
from the proceeds of sale any money you owe (under the
loan and the pawnbroker's charge) and the reasonable costs
of selling the goods.
 You are entitled to any money left over from the proceeds
of sale after these amounts have been deducted, if you
claim it within 12 months after the sale of the goods.
 If the amount of money left over is $10 or more, the
pawnbroker must send you a notice advising you that you
can claim the money.
 The notice must be sent within 14 days after the sale to the
last address you gave the pawnbroker unless you gave an
alternative address for sending notices. It is important that
you tell the pawnbroker if you change your address.
 If you do not claim the money left over within 12 months
after the sale of the goods you are no longer entitled to it
and the pawnbroker can keep it.
 It is illegal for the pawnbroker to refuse to pay you the
money left over if you request payment within the
12-month period. If the pawnbroker refuses to pay you,
you may apply to the Magistrates' Court for an order that
the pawnbroker pay you the money.
__________________
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Sch. 4
SCHEDULE 4
Regulation 15(2)
NOTICE OF SALE OF PAWNED GOODS
Second-Hand Dealers and Pawnbrokers Act 1989
Name and address of pawnbroker:
You are entitled to claim money from the sale of your pawned goods.
Amount you are entitled to claim $
Date by which you must claim this money: [insert date 12 months after
date of sale]
What you need to do
As you did not redeem your goods before the end of the loan period your
goods have been sold.
The details of the goods, the amount obtained on their sale, the
outstanding amount of the loan and the reasonable costs of sale are listed
below.
You need to go to the pawnbroker at the above address to claim this
money. If you do not claim the money by the date referred to above, the
pawnbroker is entitled to keep it.
The pawnbroker may ask you to produce some identification when you
claim this money.
It is illegal for the pawnbroker to refuse to pay you money left over from
the sale of your goods if you request payment within 12 months after the
sale of your goods. If the pawnbroker refuses to pay you, you may make
an application to the Magistrates' Court for an order that the pawnbroker
pay you the money.
If you have any questions about your rights when you pawn goods or if
you have a complaint about a pawnbroker, you can get advice from
Consumer Affairs Victoria.
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S.R. No. 140/2008
Sch. 4
Details of pawned goods and sale
Date goods were pawned:
Description of goods pawned:
Date goods sold:
Amount for which goods were sold $
Amount of the loan $
Amount of accrued interest $
Sum of all payments made $
Reasonable costs of sale $
Breakdown of sale costs $
Signature of pawnbroker:
Printed name:
Date:
__________________
22
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S.R. No. 140/2008
Sch. 5
SCHEDULE 5
Regulation 16
EMBARGO NOTICE
Second-Hand Dealers and Pawnbrokers Act 1989
Section 26P
1. The item described below has been embargoed under section 26P of the
Second-Hand Dealers and Pawnbrokers Act 1989.
2. Section 26P(2) provides that a person who knows that an embargo notice
relates to a thing and who—
(a)
sells; or
(b) leases; or
(c)
without the written consent of the inspector listed below notice,
moves; or
(d) transfers; or
(e)
otherwise deals with—
the thing or any part of the thing is guilty of an offence and liable to a
penalty not exceeding 50 penalty units.
3. Section 26P(3) provides that it is a defence to a prosecution for such an
offence to prove that the thing or part of the thing was moved for the
purpose of protecting and preserving it.
4. Section 26P(4) provides that despite anything in any other Act, a sale,
lease, transfer or other dealing with a thing in contravention of that
section is void.
Description of embargoed item—
This notice has been—
 served on [name]
 affixed to the item described above
23
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S.R. No. 140/2008
Sch. 5
Signature of inspector:
Name of inspector:
Telephone number:
Date:
Time:
__________________
24
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S.R. No. 140/2008
Sch. 6
SCHEDULE 6
Regulation 18
VERIFYING STATEMENT UNDER SECTION 25(2B) OF THE
ACT
Second-Hand Dealers and Pawnbrokers Act 1989
To: [insert name of member of police force]:
I, [insert name] in relation to [insert name and address of second-hand
dealer/pawnbroker business] verify that the document produced to you
on [insert date] in accordance with section 25(2A) of the Second-Hand
Dealers and Pawnbrokers Act 1989 is a true record of the transaction
records of the business for the period from [insert date] to [insert date],
as at the date of this statement.
Signature:
Printed name:
Date:
Note
Section 25(2A) of the Act provides that a member of the police force may
require a second-hand dealer or pawnbroker to produce a document that is, or
is part of, a transaction record kept electronically by the second-hand dealer
or pawnbroker.
The member of the police force may require the document to be provided
either electronically, or in a paper form.
The second-hand dealer or pawnbroker must provide this verifying statement
with the document.
═══════════════
25
Sch. 6
inserted by
S.R. No.
20/2009 reg. 4.
Second-Hand Dealers and Pawnbrokers Regulations 2008
S.R. No. 140/2008
Endnotes
ENDNOTES
1. General Information
The Second-Hand Dealers and Pawnbrokers Regulations 2008,
S.R. No. 140/2008 were made on 25 November 2008 by the Governor in
Council under section 31 of the Second-Hand Dealers and Pawnbrokers
Act 1989, No. 54/1989 and came into operation on 21 December 2008:
regulation 2.
The Second-Hand Dealers and Pawnbrokers Regulations 2008 will sunset
10 years after the day of making on 25 November 2018 (see section 5 of the
Subordinate Legislation Act 1994).
26
Second-Hand Dealers and Pawnbrokers Regulations 2008
S.R. No. 140/2008
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Second-Hand Dealers
and Pawnbrokers Regulations 2008 by statutory rules, subordinate
instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Second-Hand Dealers and Pawnbrokers Amendment Regulations 2009,
S.R. No. 20/2009
Date of Making:
3.3.09
Date of Commencement:
3.3.09
Second-Hand Dealers and Pawnbrokers Amendment (Infringements)
Regulations 2012, S.R. No. 75/2012
Date of Making:
3.7.12
Date of Commencement:
3.7.12
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
27
Second-Hand Dealers and Pawnbrokers Regulations 2008
S.R. No. 140/2008
Endnotes
3. Explanatory Details
No entries at date of publication.
28