Legislation, In force, Queensland
Queensland: Second-hand Dealers and Pawnbrokers Act 2003 (Qld)
An Act to regulate the activities of second-hand dealers and pawnbrokers, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Second-hand Dealers and Pawnbrokers Act 2003.
Second-hand Dealers and Pawnbrokers Act 2003
An Act to regulate the activities of second-hand dealers and pawnbrokers, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Second-hand Dealers and Pawnbrokers Act 2003.
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Objectives of Act
The main objectives of this Act are to—
(a) regulate the activities of second-hand dealers and pawnbrokers; and
(b) deter crime in the second-hand property market; and
(c) help protect consumers from purchasing stolen property.
3A Relationship with Fair Trading Inspectors Act 2014
(1) The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading.
(2) Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector has under this Act.
Part 2 Interpretation
4 Definitions
The dictionary in schedule 3 defines particular words used in this Act.
5 Meaning of associate and effective control
(1) An associate of an applicant for a licence or a licensee is a person who is not the applicant or licensee but is, or would be if the licence were granted, renewed or restored, in effective control of the applicant's or licensee's business at a place.
(2) A person who is in effective control of a business, includes a person who—
(a) is regularly or usually in charge of the business; or
(b) regularly directs staff of the business in their duties; or
(c) is in a position to control or influence the business in a substantial way.
(3) If an applicant for a licence or a licensee is a corporation, each executive officer of the corporation is taken to be an associate of the applicant or licensee.
Part 3 Licences
Division 1 Requirement to be licensed
6 Acting as licensee
(1) A person must not carry on a business of dealing in second-hand property or act as a market operator unless the person is a second-hand dealer.
Maximum penalty—200 penalty units.
(2) However, the following persons do not contravene subsection (1)—
(a) a pawnbroker to the extent the person may lawfully deal with second-hand property under the person's licence under this Act;
(b) a chattel auctioneer, motor dealer or motor salesperson under the Motor Dealers and Chattel Auctioneers Act 2014 to the extent the person may lawfully deal with second-hand property under the person's licence or registration certificate under that Act;
(c) a dealer under the Weapons Act 1990 to the extent the person may lawfully deal with second-hand property under the person's licence under that Act;
(d) a person dealing in second-hand property to the extent the dealing is part of a business that involves acquiring property and hiring the property to others;
(e) a person dealing in second-hand property for a charity registered under the Collections Act 1966;
(f) a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966;
(g) a local government;
(h) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth);
(i) a company registered under the Life Insurance Act 1995 (Cwlth);
(j) a trustee company under the Trustee Companies Act 1968.
(3) A person must not carry on a business of advancing, on interest or in expectation of profit or reward, an amount on the principal or collateral security of property taken by the person as a pawn unless the person is a pawnbroker.
Maximum penalty—200 penalty units.
(4) However, the following persons making advances in the ordinary course of banking or mercantile transactions on the security of property taken as a pawn do not contravene subsection (3)—
(a) a chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014;
(b) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth);
(c) a broker, commission agent or merchant.
Division 2 Suitability of applicants and licensees
7 Suitability of applicants and licensees
(1) A person is not a suitable person to hold a licence if the person, or an associate of the person—
(a) is an individual under 18 years; or
(b) is an insolvent under administration; or
(c) has been convicted of a disqualifying offence within the last 5 years; or
(d) is a corporation that is a Chapter 5 body corporate under the Corporations Act; or
(e) is subject to a relevant control order.
(2) Without limiting subsection (1), a person is not a suitable person to hold a licence if the chief executive decides the person is not suitable because the person, or an associate of the person—
(a) is subject to a control order or registered corresponding control order, other than a relevant control order; or
(b) has been convicted of an offence against—
(i) the Peace and Good Behaviour Act 1982, section 32, 54 or 75; or
(ii) the Penalties and Sentences Act 1992, section 161ZI.
(3) The chief executive, when deciding whether a person is a suitable person to hold a licence, may not have regard to criminal intelligence given by the commissioner of the police service to the chief executive under section 111.
(4) A person who is not a suitable person may not hold a licence.
8 Investigations about suitability of applicants and licensees
(1) The chief executive may make investigations about the following persons to help decide whether an applicant for a licence or licensee is a suitable person to hold a licence—
(a) the applicant or licensee;
(b) an associate of the applicant or licensee.
(2) If the chief executive makes investigations under subsection (1), the chief executive may ask the commissioner of the police service for a report about the criminal history of any of the persons.
(3) If the chief executive asks the commissioner for a report under subsection (2), the commissioner must give the report to the chief executive.
(4) The report is required to contain only criminal history in the commissioner's possession or to which the commissioner has access.
(5) If the criminal history of the person includes a conviction recorded against the person, the commissioner's report must be written.
(6) If the person is, or has been, subject to a control order or registered corresponding control order, the report must—
(a) state the details of the order; or
(b) be accompanied by a copy of the order.
8A Costs of criminal history report
(1) The chief executive may require an applicant or licensee to pay the reasonable, but no more than actual, costs of obtaining a report under section 8 about—
(a) the applicant or licensee; or
(b) an associate of the applicant or licensee.
(2) The chief executive must refund to an applicant an amount paid under the requirement if—
(a) the chief executive refuses the application without asking for the report; or
(b) the applicant withdraws the application before the chief executive asks for the report.
(3) In this section—
applicant includes proposed applicant.
9 Notice of change in criminal history
(1) This section applies if—
(a) the commissioner of the police service reasonably suspects a person is—
(i) an applicant or licensee; or
(ii) an associate of an applicant or licensee; and
(b) the person's criminal history changes.
(2) The commissioner may give the chief executive written notice that the person's criminal history has changed.
(3) The notice must—
(a) state the following details—
(i) the person's name and any other name the commissioner believes the person may use or may have used;
(ii) the person's date and place of birth;
(iii) a brief description of the nature of the offence giving rise to the conviction or charge to which the change relates; and
(b) if the change includes the person becoming subject to a control order or registered corresponding control order—
(i) state the details of the order; or
(ii) be accompanied by a copy of the order.
(4) The chief executive may confirm the commissioner's suspicions under subsection (1)(a).
(5) For a person who does not have a criminal history, there is taken to be a change in the person's criminal history if the person acquires a criminal history.
(6) In this section—
criminal history, in relation to a person, includes a charge of an offence laid against a person that has not been dismissed.
offence includes alleged offence.
9A Use of information obtained under s 8 or 9
(1) This section applies to the chief executive in considering information about a person obtained under section 8 or 9.
(2) Information about the following may be used only for making a decision as to whether an applicant or licensee is, or continues to be, a suitable person to hold a licence—
(a) a conviction of the person;
(b) if the person is subject to a control order or registered corresponding control order—the control order.
(3) Information about a charge against the person may not be relied on as a basis for making a decision as to whether an applicant or licensee is, or continues to be, a suitable person to hold a licence.
Division 3 Applying for, renewing or restoring a licence
10 Application for licence
(1) A person may apply to the chief executive for a licence.
(2) The application must—
(a) be in the approved form; and
(b) include the following information—
(i) whether the licence is for 1 or both of the following types of business—
(A) a second-hand dealer;
(B) a pawnbroker;
(ii) whether the licence is sought for a term of 1 or 3 years;
(iii) each place the applicant intends to carry on business under the licence;
(iv) the names and addresses of the applicant's associates; and
(c) be accompanied by—
(i) the application fee prescribed under a regulation; and
(ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A(1)—the amount of the costs required to be paid.
(3) A requirement mentioned in subsection (2)(c)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department's website.
11 Principal place of business
(1) If the applicant intends to carry on business at more than 1 place, the applicant must specify in the application the place the applicant intends to be the applicant's principal place of business.
(2) If the applicant intends to carry on business at a location, the applicant must specify, as the applicant's principal place of business—
(a) for an application for a second-hand dealer's licence—an address where the applicant's transactions register is to be maintained and may be inspected; or
(b) for an application for a pawnbroker's licence—an address where the applicant's property register is to be maintained and may be inspected, and property taken as a pawn is located.
(3) A place of business or an address under this section must be a place where a document may be served personally.
Example—
A post office box is not a place the applicant may use as a place of business or an address for this Act.
12 Decision on application for a licence
(1) The chief executive must consider an application for a licence and—
(a) grant the licence, with or without conditions; or
(b) refuse to grant the licence.
(2) However, the chief executive must refuse to grant the licence if the chief executive is not satisfied the applicant is a suitable person to hold the licence.
(3) If the chief executive decides to grant the licence, the chief executive must—
(a) grant the licence for the term stated in the application for the licence; and
(b) give the applicant the licence.
(4) If the chief executive decides to grant the licence with a condition or to refuse to grant the licence, the chief executive must give the applicant a QCAT information notice for the decision within 14 days after the decision is made.
13 Renewal of licence
(1) A licensee may apply to the chief executive to renew the licensee's licence before the licence expires.
(2) The application must—
(a) be in the approved form; and
(b) state whether the licence is sought for a term of 1 or 3 years; and
(c) state the names and addresses of the associates of the applicant; and
(d) be accompanied by—
(i) the application fee prescribed under a regulation; and
(ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A(1)—the amount of the costs required to be paid.
(3) A requirement mentioned in subsection (2)(d)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department's website.
14 Restoration of licence
(1) If a licence expires, the person who was the holder of the licence may, within 14 days after the licence expires, apply to the chief executive to restore the licence.
(2) The application must—
(a) be in the approved form; and
(b) state whether the licence is sought for a term of 1 or 3 years; and
(c) state the names and addresses of the associates of the applicant; and
(d) be accompanied by—
(i) the application fee prescribed under a regulation; and
(ii) if, before or when the application is made, the chief executive requires the payment of costs under section 8A(1)—the amount of the costs required to be paid.
(3) A requirement mentioned in subsection (2)(d)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department's website.
15 Decision on application for renewal or restoration of a licence
(1) The chief executive must consider an application for renewal or restoration of a licence and—
(a) grant the renewal or restoration of the licence, with or without conditions; or
(b) refuse to grant the renewal or restoration of the licence.
(2) However, the chief executive must refuse the application if the chief executive is not satisfied the applicant is a suitable person to hold a licence.
(3) If the chief executive decides to grant the renewal or restoration of the licence, the chief executive must grant the renewal or restoration for the term stated in the application.
(4) If the chief executive decides to refuse to grant the renewal or restoration of the licence, the chief executive must give the applicant a QCAT information notice for the decision within 14 days after the decision is made.
16 Licence continues pending decision about renewal
(1) If a licensee applies for renewal of a licence under section 13, the licence is taken to be in force from the time it would, apart from this subsection, have expired until the day on which any of the following first happens—
(a) the chief executive renews the licence;
(b) if the chief executive decides to refuse to grant the renewal, the chief executive gives the licensee a QCAT information notice for the decision under section 15(4);
(c) the licensee is taken to have withdrawn the application under section 18(2).
(2) If the chief executive renews the licence, the licence is taken to have been renewed from the time it would, apart from subsection (1), have expired.
(3) Subsection (1) does not apply if the licence is earlier cancelled or suspended.
17 Licence continues pending decision about restoration
(1) If a licensee applies for restoration of a licence under section 14, the licence is taken to be in force from the time the licence expired until the day on which any of the following first happens—
(a) the chief executive restores the licence;
(b) if the chief executive decides to refuse to grant the restoration, the chief executive gives the licensee a QCAT information notice for the decision under section 15(4);
(c) the licensee is taken to have withdrawn the application under section 18(2).
(2) If the chief executive restores the licence, the licence is taken to have been restored from the time it expired.
(3) Subsection (1) does not apply if the licence is earlier cancelled or suspended.
18 Requirement to give chief executive information
(1) The chief executive may by signed notice require an applicant under this part to give the chief executive information or documents the chief executive reasonably considers are needed, to consider the applicant's application, within a stated reasonable period of at least 14 days.
(2) If the applicant fails to comply with the chief executive's requirement within the stated reasonable period, the applicant is taken to have withdrawn the application.
Division 4 Suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence
19 Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence
(1) Each of the following is a ground for suspending, cancelling, refusing to renew or restore, or imposing a condition on a licence—
(a) the licence, or a renewal or restoration of the licence, was obtained because of materially incorrect or misleading information;
(b) the licensee or an associate of the licensee has failed to comply with a condition of the licence;
(c) the licensee or an associate of the licensee has been convicted of an offence against this Act, the repealed Act or a law of another State that provides for the same matter as this Act within the last 5 years;
(d) the licensee is no longer a suitable person to hold a licence.
Note—
See section 7.
(2) However, for subsection (1)(d) and section 20, it is not a ground for suspending, cancelling, refusing to renew or restore, or imposing a condition on a licence that the licensee, or an associate of the licensee—
(a) is convicted of a disqualifying offence for which a conviction is recorded; or
(b) becomes subject to a relevant control order.
Notes—
1 See section 15 for refusals to renew or restore licences in the circumstances mentioned in this subsection.
2 See section 21A for cancellation of licences in the circumstances mentioned in this subsection.
(3) In this section—
repealed Act means the Second-hand Dealers and Collectors Act 1984 or the Pawnbrokers Act 1984.
20 Procedure for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence
(1) If the chief executive believes reasonable grounds exist to suspend, cancel, refuse to renew or restore, or impose a condition on a licence (the action), the chief executive must give the licensee a notice (the show cause notice) that—
(a) states the action proposed and—
(i) if the proposed action is to suspend the licence—states the proposed suspension period; and
(ii) if the proposed action is to impose a condition on a licence—states the proposed condition; and
(b) states the grounds for proposing to take the action; and
(c) outlines the facts and circumstances that form the basis for the chief executive's belief; and
(d) invites the licensee to make written representations, within a stated time of not less than 28 days, why the action proposed should not be taken.
(2) If, after considering all written representations made within the stated time, the chief executive still believes grounds exist to take the action, the chief executive may—
(a) if the show cause notice stated the action proposed was to suspend the licence for a stated period—suspend the licence for a period not longer than the stated period; or
(b) if the show cause notice stated the action proposed was to cancel the licence—
(i) cancel the licence; or
(ii) suspend the licence for a period; or
(c) if the show cause notice stated the action proposed was not to renew or restore the licence—
(i) refuse to renew or restore the licence; or
(ii) refuse to renew or restore the license for a period; or
(d) if the show cause notice stated the action proposed was to impose a condition on a licence—impose the condition on the licence, or impose another condition on the licence to which the licensee has consented in writing.
(3) The chief executive must give the licensee a QCAT information notice for the decision within 14 days after the decision is made.
(4) The decision takes effect on the later of the following—
(a) the day on which the notice is given to the licensee;
(b) the day stated in the notice.
20A [Repealed]
21 Return of licence
(1) If the chief executive decides to suspend, cancel, refuse to renew or restore, or impose a condition on a licensee's licence, the licensee must, within 14 days of the chief executive's decision taking effect, return the licence to the chief executive unless—
(a) the chief executive gives the licensee written consent for the licensee to keep the licence for a period; or
(b) the licensee has a reasonable excuse for not returning the licence.
Maximum penalty—20 penalty units.
Note—
See section 20(4).
(2) If a licence returned to the chief executive after suspension is still current at the end of the suspension period, the chief executive must return the licence to the licensee.
(3) If a licence is returned to the chief executive after a condition is imposed on the licence, the chief executive must give the licensee another copy of the licence stating the condition.
21A Automatic cancellation
(1) A licensee's licence is cancelled if the licensee, or an associate of the licensee—
(a) is convicted of a disqualifying offence for which a conviction is recorded; or
(b) becomes subject to a relevant control order.
(2) A person whose licence is cancelled under subsection (1) must return the licence to the chief executive within 14 days after the happening of the event mentioned in subsection (1).
Maximum penalty for subsection (2)—20 penalty units.
Division 5 Other provisions about licences
22 Condition that licensee comply with local laws
It is a condition of a licence that the licensee comply with a local law about the carrying on of the licensee's business under the licence.
23 Condition that second-hand dealer not enter or remain at premises
It is a condition of a second-hand dealer's licence that the second-hand dealer, when acquiring property for the second-hand dealer's business from a person at premises, not enter or remain at the premises without the permission of the owner or occupier of the premises.
24 Authorised place
A place is an authorised place for a licence if—
(a) the licensee's application for the licence under section 10 stated that the licensee intended to carry on business at the place; or
(b) the place is a place approved by the chief executive under section 25 as an authorised place for the licence.
25 Change of authorised place
(1) A licensee may apply to the chief executive to approve a place as an authorised place for the licensee's licence.
(2) The application must be in the approved form and be accompanied by the fee prescribed under a regulation.
(3) The licensee must indicate in the application—
(a) whether the place is to be the licensee's principal place of business; and
(b) whether the licensee intends to continue to carry on business at each other approved place for the licence.
(4) The chief executive must consider each application and—
(a) approve the place as an authorised place for the licence, with or without conditions; or
(b) refuse to approve the place as an authorised place for the licence.
(5) If the chief executive decides to refuse to approve the place as an authorised place for the licence, the chief executive must give the applicant a QCAT information notice for the decision.
(6) If the chief executive approves the application, the licensee must, within 7 days of the licensee receiving notice of the approval, give the chief executive the licensee's licence.
Maximum penalty—50 penalty units.
(7) If the chief executive is given a licence under subsection (6), the chief executive must give the licensee another copy of the licence stating the authorised place approved by the chief executive for the licence.
26 Licence to include particular information
(1) A licence must include the following information—
(a) each authorised place for the licence;
(b) any condition imposed on the licence by the chief executive.
(2) However, if the licence is issued to a licensee for carrying on business at a location, the licence must state—
(a) for a licence to carry on business as a second-hand dealer—an address where the licensee's transactions register is to be maintained and may be inspected; or
(b) for a licence to carry on business as a pawnbroker—an address where the licensee's property register is to be maintained and may be inspected, and property taken as a pawn is located.
27 Change of licensee's address
(1) If a licensee changes the licensee's home address, or an address (the register address) mentioned in section 26(2)(a) or (b), the licensee must, within 7 days after the change, give the chief executive—
(a) for a change of home address—notice of the change; or
(b) for a change of register address—
(i) signed notice of the change; and
(ii) the licensee's licence.
Maximum penalty—50 penalty units.
(2) If the chief executive is given a licence under subsection (1)(b)(ii) and is satisfied of the correctness of the change, the chief executive must give the licensee another copy of the licence stating the new address.
28 Licence to be kept on premises or with licensee
(1) If a licence authorises the licensee to carry on business under the licence at premises, the licensee must keep the licence or a copy of it at the premises stated in the licence.
Maximum penalty—100 penalty units.
(2) If a license authorises the licensee to carry on business under the licence at a location, the licensee must carry the licence or a copy of it when carrying on business at the location.
Maximum penalty—100 penalty units.
29 Change of associate
(1) Subsection (2) applies if either of the following events happen—
(a) a person becomes an associate of a licensee;
(b) a person stops being an associate of a licensee.
(2) The licensee must give the chief executive signed notice of the event, within 14 days after the day it happens.
Maximum penalty—50 penalty units.
30 Licensee must give notice if licence lost, stolen, destroyed or damaged
If a licensee's licence is lost, stolen, destroyed or damaged in a way that requires its replacement, the licensee must give the chief executive signed notice as soon as practicable after becoming aware the licence is lost, stolen, destroyed or damaged in a way that requires its replacement.
Maximum penalty—50 penalty units.
31 Replacement of lost, stolen, destroyed or damaged licence
(1) A licensee may, by signed application, request the chief executive replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.
(2) The application must be accompanied by the fee prescribed under a regulation.
(3) The chief executive must consider each application and—
(a) replace the licence; or
(b) refuse to replace the licence.
(4) The chief executive must replace the licence if the chief executive is satisfied the licence has been lost, stolen, destroyed or damaged in a way that requires its replacement.
(5) If the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a QCAT information notice for the decision.
32 Surrender of licence
(1) A licensee may surrender the licensee's licence by signed notice given to the chief executive.
(2) The surrender of the licence takes effect on the day the notice of surrender is given to the chief executive or, if a later day of effect is stated in the notice, the later day.
(3) The licensee must return the licence to the chief executive within 14 days after surrender takes effect, unless the licensee has a reasonable excuse.
Maximum penalty for subsection (3)—20 penalty units.
33 Return of expired licence
A licensee must return the licensee's licence to the chief executive, within 14 days after the licence expires, unless—
(a) the licensee has applied for the renewal or restoration of the licence under section 13 or 14, and the application has not been decided by the chief executive; or
(b) the licensee has a reasonable excuse.
Maximum penalty—20 penalty units.
34 Licence not transferable
A licence can not be assigned or transferred to another person.
Part 4 Conduct of business
Division 1 Second-hand dealers
35 Where business may be carried on
(1) A second-hand dealer must not carry on business as a second-hand dealer at a place other than an authorised place.
Maximum penalty—200 penalty units.
(2) However, the second-hand dealer does not contravene subsection (1) if the second-hand dealer is—
(a) acquiring second-hand property from a person; or
(b) carrying on business at a public auction conducted by a chattel auctioneer licensed under the Motor Dealers and Chattel Auctioneers Act 2014.
36 Second-hand dealer must identify place of business
A second-hand dealer must clearly display at each authorised place the second-hand dealer is carrying on business as a second-hand dealer—
(a) the second-hand dealer's name in legible characters at least 50mm high; and
(b) the words 'licensed dealer in second-hand property' near the name of the second-hand dealer; and
(c) if the person in effective control of the business at the place is an associate of the second-hand dealer—
(i) the associate's name in legible characters at least 50mm high; and
(ii) the word 'associate' near the name of the associate.
Maximum penalty—50 penalty units.
37 Second-hand dealer must keep a transactions register
(1) A second-hand dealer must keep a printed or an electronic register of transactions (transactions register), in a way prescribed under a regulation, for each authorised place for the second-hand dealer's licence.
Maximum penalty—200 penalty units.
(2) The second-hand dealer must, before or immediately after each second-hand property transaction at an authorised place, enter in the transactions register for the place the particulars prescribed under a regulation for the transaction.
Maximum penalty—200 penalty units.
(3) A second-hand dealer must not separate second-hand property into parts to avoid entering the particulars for a second-hand property transaction.
Maximum penalty—200 penalty units.
(4) If the second-hand property transaction happens at a place other than an authorised place, the second-hand dealer must, as soon as practicable after the transaction, enter in the transactions register for the second-hand dealer's principal place of business the particulars prescribed under a regulation for the transaction.
Maximum penalty—200 penalty units.
(5) In this section—
second-hand property transaction means a transaction for the acquisition, sale or disposal of—
(a) second-hand property with a resale value of at least $55; or
(b) second-hand property that is jewellery, contains precious metals or is property that may be identified by—
(i) a make, model or serial number on the property; or
(ii) an inscription.
38 Place transactions register to be kept
(1) Subsection (2) applies if a second-hand dealer is authorised to carry on business under the second-hand dealer's licence at premises.
(2) The second-hand dealer must keep the transactions register for the premises at the premises.
Maximum penalty—100 penalty units.
(3) Subsection (4) applies if a second-hand dealer is authorised to carry on business under the second-hand dealer's licence at a location and the second-hand dealer is not carrying on business as a second-hand dealer at the location.
(4) The second-hand dealer must keep the transactions register for the location at the address stated on the licence under section 26(2)(a).
Maximum penalty—100 penalty units.
39 Second-hand dealer must give information to commissioner of police service
A second-hand dealer must give the commissioner of the police service the particulars prescribed under a regulation from the second-hand dealer's transaction register in the way, and within the period, prescribed under a regulation.
Maximum penalty—200 penalty units.
40 False or misleading entries in transactions register
A person must not make a false or misleading entry in a transactions register.
Maximum penalty—200 penalty units.
41 Person must not alter transactions register
(1) A person must not remove an entry in a transactions register.
Maximum penalty—200 penalty units.
(2) If a second-hand dealer finds an error in an entry in the second-hand dealer's transaction register, the second-hand dealer may correct the entry by making a new entry for the transaction in the transactions register.
(3) In this section—
remove includes alter, disguise, erase and make illegible or unintelligible.
42 Employees must not be under 17
A second-hand dealer must not employ a person under 17 years to acquire second-hand property.
Maximum penalty—200 penalty units.
43 Second-hand dealer taken to be in possession of second-hand property
(1) A second-hand dealer is taken to be in possession of second-hand property located at a place other than a place stated on the second-hand dealer's licence if—
(a) the property is found in a place occupied by the second-hand dealer; or
(b) the property is under the control of the second-hand dealer; or
(c) the second-hand dealer did not sell the property in good faith and the property has been moved to another place.
(2) Subsection (1) applies unless the contrary is proven.
44 Second-hand dealer to keep property for 7 days
If a second-hand dealer acquires nominated property, the second-hand dealer must keep the nominated property in the second-hand dealer's possession for 7 clear working days after acquiring it.
Maximum penalty—200 penalty units.
45 Second-hand dealer must not acquire property from particular persons
(1) A second-hand dealer must not directly or indirectly acquire second-hand property from a person under 17 years, or who is under the influence of alcohol or a drug.
Maximum penalty—200 penalty units.
(2) The second-hand dealer does not contravene subsection (1) if the second-hand dealer believed, on reasonable grounds, that—
(a) for property acquired from a person under 17 years—the person was at least 17 years; or
(b) for property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.
46 When a second-hand dealer may acquire property
(1) A second-hand dealer must not acquire second-hand property from a person at the person's home—
(a) on a Sunday or public holiday; or
(b) otherwise—between 6p.m. and 7a.m.
Maximum penalty—200 penalty units.
(2) However, the second-hand dealer does not contravene subsection (1) if the second-hand dealer obtains the person's consent for the property to be acquired at least 1 day before the day the property is acquired.
47 Second-hand dealer must ask for information
A second-hand dealer must, before acquiring second-hand property from a person, obtain from the person the following information—
(a) the person's name and address;
(b) verification of the person's name and address;
(c) whether or not the person is the owner of the property;
(d) if the person is not the owner of the property—
(i) the name and address of the owner; and
(ii) how the person acquired the property.
Maximum penalty—200 penalty units.
48 Second-hand dealer to inform police about stolen property
(1) Subsection (2) applies if a second-hand dealer acquires second-hand property that may be property described as stolen or unlawfully obtained in written, printed or oral information given to the second-hand dealer by a police officer or another person.
(2) The second-hand dealer must advise a police officer about the property, as soon as practicable after becoming aware that the property may be stolen or unlawfully obtained.
Maximum penalty—200 penalty units.
49 Second-hand dealer to produce licence if asked
(1) This section applies if a person—
(a) acquires or intends to acquire second-hand property from a second-hand dealer; or
(b) disposes of or intends to dispose of second-hand property to a second-hand dealer.
(2) The person may, immediately before or within 24 hours after acquiring or disposing of the property, ask the second-hand dealer to show the person the second-hand dealer's licence.
(3) The second-hand dealer must show the person the licence.
Maximum penalty for subsection (3)—50 penalty units.
50 Holding out place as second-hand dealer's business
A person must not hold out a place as being a place where a second-hand dealer carries on business if the place is not an authorised place for a second-hand dealer.
Maximum penalty—200 penalty units.
Division 2 Pawnbrokers
51 Where business may be carried on
A pawnbroker must not carry on business as a pawnbroker at a place other than an authorised place.
Maximum penalty—200 penalty units.
52 Pawnbroker must identify place of business
A pawnbroker must clearly display at each authorised place the pawnbroker is carrying on business as a pawnbroker—
(a) the pawnbroker's name in legible characters at least 50mm high; and
(b) the words 'licensed pawnbroker' near the name of the pawnbroker; and
(c) if a person in effective control of the business at a place is an associate of the pawnbroker—
(i) the associate's name in legible characters at least 50mm high; and
(ii) the word 'associate' near the name of the associate.
Maximum penalty—50 penalty units.
53 Pawnbroker must keep a property register
(1) A pawnbroker must keep a printed or an electronic register of property taken as a pawn by the pawnbroker (property register) in a way prescribed under a regulation, for each authorised place for the pawnbroker's licence.
Maximum penalty—200 penalty units.
(2) The pawnbroker must, before or immediately after the pawnbroker gives a person money for property taken as a pawn from the person, enter in the property register for the place the particulars prescribed under a regulation for the pawned property.
Maximum penalty—200 penalty units.
54 Place property register to be kept
(1) Subsection (2) applies if a pawnbroker is authorised to carry on business under the pawnbroker's licence at premises.
(2) The pawnbroker must keep the property register for the premises at the premises.
Maximum penalty—100 penalty units.
(3) Subsection (4) applies if a pawnbroker is authorised to carry on business under the pawnbroker's licence at a location and the pawnbroker is not carrying on business as a pawnbroker at the location.
(4) The pawnbroker must keep the property register for the location at the address stated on the licence under section 26(2)(b).
Maximum penalty—100 penalty units.
55 Pawnbroker must give information to commissioner of police service
A pawnbroker must give the commissioner of the police service the particulars prescribed under a regulation from the pawnbroker's property register in the way, and within a period, prescribed under a regulation.
Maximum penalty—200 penalty units.
56 False and misleading entries in property register
A person must not make a false or misleading entry in a property register.
Maximum penalty—200 penalty units.
57 Person must not alter property register
(1) A person must not remove an entry in a property register.
Maximum penalty—200 penalty units.
(2) If a pawnbroker finds an error in an entry in the pawnbroker's property register, the pawnbroker may correct the entry by making a new entry for the transaction in the property register.
(3) In this section—
remove includes alter, disguise, erase and make illegible or unintelligible.
58 Pawnbroker must give a person a pawn ticket
(1) If a pawnbroker takes property as a pawn from a person, the pawnbroker must give the person a legible copy of the entry made in the pawnbroker's property register for the transaction (a pawn ticket).
Maximum penalty—200 penalty units.
(2) The pawn ticket must include the number allotted to the entry and the name of the pawnbroker.
(3) The person has a right to receive a copy of the pawn ticket (a replacement pawn ticket) from the pawnbroker, if the person is able to prove to the satisfaction of the pawnbroker, by declaration under the Oaths Act 1867 or in another way—
(a) the person's identity; and
(b) the pawn ticket was lost, destroyed or stolen.
59 Presumption of right to redeem
(1) This section applies if a person asks to redeem property taken as a pawn by a pawnbroker and the person gives the pawnbroker a pawn ticket or a replacement pawn ticket for the property.
(2) The person is taken to be the owner of the ticket or to be acting under the authority of the owner.
(3) The person has a right to redeem the property unless—
(a) the property has been seized under the FTI Act or by a police officer, and has not been returned to the pawnbroker; or
(b) before the pawnbroker gives the person the property, the pawnbroker is informed—
(i) by another person claiming to be the owner of the ticket that the ticket has been lost or taken without the other person's consent; or
(ii) by a credible person that the property has been stolen.
60 Pawnbroker must not sell property before redemption period expires
(1) A pawnbroker must not sell or dispose of property, taken by the pawnbroker as a pawn, before the redemption period expires for the property.
Maximum penalty—200 penalty units.
(2) The redemption period for property taken as a pawn is 3 months from the day the person pawned the property, or a longer period agreed between the pawnbroker and the person.
(3) If a redemption period longer than 3 months is agreed to, the pawnbroker must enter the agreed period in the property register for the transaction.
Maximum penalty for subsection (3)—20 penalty units.
61 Disposal of pawned property
(1) Subsection (2) applies if the redemption period for property taken as a pawn expires and the property is sold or disposed of.
(2) The pawnbroker must enter in the pawnbroker's property register the particulars prescribed under a regulation for the property.
Maximum penalty—200 penalty units.
62 If property is not redeemed within the redemption period
(1) Subsection (2) applies if—
(a) a pawnbroker has advanced an amount less than $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and
(b) the property has not been redeemed before the redemption period for the property expires.
(2) On expiry of the redemption period, the property becomes the property of the pawnbroker and the person who pawned the property loses all claim to the property.
(3) Subsection (4) applies if—
(a) a pawnbroker has advanced an amount that is at least $40, or a higher amount prescribed under a regulation, for property taken by the pawnbroker as a pawn; and
(b) the property has not been redeemed before the redemption period for the property expires.
(4) On expiry of the redemption period, the pawnbroker may sell the property free of any claim by the person who pawned the property.
63 Sale of pawned property
(1) If a redemption period for pawned property expires and section 62(4) applies to the property, the property may be sold at the place where the pawn was taken or by public auction.
(2) At least 4 days before property is sold by public auction, the pawnbroker selling the property must give notice of the sale at least twice in a newspaper circulating generally in the area the property was pawned.
Maximum penalty—100 penalty units.
(3) The notice must describe the property to be sold and state when it was pawned.
64 Proceeds of sale of property
(1) A pawnbroker may deduct the following amounts from the proceeds of the sale of property under section 63—
(a) the costs of selling the property;
(b) the total of the following amounts—
(i) the advance made by the pawnbroker on the security of the property;
(ii) the amount of interest the pawnbroker would have received if the property was redeemed on the last day of the redemption period for the property.
(1A) A pawnbroker's interest under subsection (1) in the proceeds of sale of the property—
(a) is declared to be a statutory interest to which section 73(2) of the PPS Act applies; and
(b) has priority over all security interests in relation to the property.
(1B) Subsection (1) applies only to a security interest to which the PPS Act does not apply.
(2) If the proceeds of the sale of the property are more than the amounts deducted under subsection (1), the pawnbroker must pay the balance of the proceeds into a trust account maintained by the pawnbroker.
Maximum penalty—200 penalty units.
(3) The balance of the proceeds must be held in the trust account for the person who pawned the property for 12 months after the property is sold.
Maximum penalty—200 penalty units.
(4) If the balance of the proceeds is not claimed by or for the person who pawned the property within 12 months after the property is sold, the pawnbroker must give the balance to the public trustee to be placed in the unclaimed moneys fund and dealt with as unclaimed money.
Maximum penalty—200 penalty units.
(5) In this section—
PPS Act means the Personal Property Securities Act 2009 (Cwlth).
security interest has the meaning given by the PPS Act, section 12.
65 Person may inspect property register
(1) Subsection (2) applies if a person gives a pawnbroker a pawn ticket or a replacement pawn ticket for property taken by the pawnbroker as a pawn from the person and the pawnbroker has sold or disposed of the property.
(2) The person may—
(a) inspect the property register containing the entry for the property; and
(b) make a copy of the entry.
66 Recovery rights if pawn wrongly sold or disposed of
(1) This section applies if a pawnbroker sells or disposes of property taken by the pawnbroker as a pawn before the redemption period expires for the property.
(2) The person who pawned the property may recover from the pawnbroker as a debt—
(a) if the pawnbroker sells the property, the greater of—
(i) the fair value of the property when it was sold; and
(ii) the gross proceeds of the sale; or
(b) if the pawnbroker disposes of the property other than by sale—the fair value of the property when it was disposed of.
(3) The court in which the person starts the action for debt may award the person the costs the court considers reasonable.
(4) The person may recover an amount under this section whether or not the pawnbroker is charged with an offence against section 60.
67 Employees must not be under 17
A pawnbroker must not employ a person under 17 years to take property as a pawn.
Maximum penalty—200 penalty units.
68 Pawnbroker taken to be in possession of property
(1) A pawnbroker is taken to be in possession of property located at a place other than a place stated on a pawnbroker's licence if—
(a) the property is found in a place occupied by the pawnbroker; or
(b) the property is under the control of the pawnbroker; or
(c) the pawnbroker did not sell the property in good faith and the property has been moved to another place.
(2) Subsection (1) applies unless the contrary is proven.
69 Pawnbroker must not acquire property from particular persons
(1) A pawnbroker must not directly or indirectly take property as a pawn from a person under 17 years, or who is under the influence of alcohol or a drug.
Maximum penalty—200 penalty units.
(2) The pawnbroker does not contravene subsection (1) if the pawnbroker believed, on reasonable grounds, that—
(a) for property acquired from a person under 17 years—the person was at least 17 years; or
(b) for property acquired from a person under the influence of alcohol or a drug—the person was not under the influence of alcohol or a drug.
70 Pawnbroker must ask for information
A pawnbroker must, before taking property as a pawn, obtain from the person pawning the property the following information—
(a) the person's name and address;
(b) verification of the person's name and address;
(c) whether or not the person is the owner of the property;
(d) if the person is not the owner of the property—
(i) the name and address of the owner; and
(ii) how the person acquired the property.
Maximum penalty—200 penalty units.
71 Pawnbroker to inform police about stolen property
(1) Subsection (2) applies if a pawnbroker acquires property that may be property described as stolen or unlawfully obtained in written, printed or oral information given to the pawnbroker by a police officer or another person.
(2) The pawnbroker must advise a police officer about the property, as soon as practicable after becoming aware that the property may be stolen or unlawfully obtained.
Maximum penalty—200 penalty units.
72 Pawnbroker to produce licence if asked
(1) This section applies if a person—
(a) acquires or intends to acquire property from a pawnbroker; or
(b) pawns or intends to pawn property to a pawnbroker.
(2) The person may, immediately before or within 24 hours after acquiring or pawning the property, ask the pawnbroker to show the person the pawnbroker's licence.
(3) The pawnbroker must show the person the licence.
Maximum penalty for subsection (3)—50 penalty units.
73 Holding out place as pawnbroker's business
A person must not hold out a place as being a place where a pawnbroker carries on business if the place is not an authorised place for a pawnbroker.
Maximum penalty—200 penalty units.
74 Disposal of pledges if licence cancelled or not renewed
If the chief executive cancels or refuses to renew a pawnbroker's licence, a person may apply to a Magistrates Court for an order to dispose of property taken as a pawn under the licence in a way the court considers appropriate.
Part 5 [Repealed]
Division 1 [Repealed]
75 [Repealed]
76 [Repealed]
77 [Repealed]
78 [Repealed]
79 [Repealed]
80 [Repealed]
81 [Repealed]
Division 2 [Repealed]
Subdivision 1 [Repealed]
82 [Repealed]
Subdivision 2 [Repealed]
83 [Repealed]
84 [Repealed]
85 [Repealed]
86 [Repealed]
87 [Repealed]
Subdivision 3 [Repealed]
88 [Repealed]
89 [Repealed]
Subdivision 4 [Repealed]
90 [Repealed]
91 [Repealed]
92 [Repealed]
93 [Repealed]
94 [Repealed]
Subdivision 5 [Repealed]
95 [Repealed]
Part 6 General offences, legal proceedings and review of decisions
Division 1 General offences
96 False or misleading information
(1) A person must not give information to the chief executive that the person knows is false or misleading in a material particular.
Maximum penalty—200 penalty units.
(2) Subsection (1) does not apply to information given in a document if the person when giving the document—
(a) informs the chief executive, to the best of the person's ability, how the information is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.
(3) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was 'false or misleading', without specifying whether it was false or was misleading.
97 [Repealed]
98 Forging a licence
(1) A person must not forge a licence.
Maximum penalty—200 penalty units.
(2) In this section—
forge see the Criminal Code, section 1.
99 Person not to possess a licence without reasonable excuse
(1) A person who is not a licensee must not, without a reasonable excuse, possess—
(a) a licence; or
(b) a document resembling a licence.
Maximum penalty—200 penalty units.
(2) A person who is not a licensee must not, without a reasonable excuse, possess a licence that has been—
(a) cancelled or suspended; or
(b) surrendered or expired.
Maximum penalty—
(a) if paragraph (a) applies—100 penalty units; or
(b) if paragraph (b) applies—20 penalty units.
100 Person not to use or allow another person to use a licence
A person must not—
(a) use a licence issued to another person; or
(b) allow a licence issued to the person to be used by another person.
Maximum penalty—200 penalty units.
101 Person not to alter a licence
A person must not, unless authorised under this Act, alter a licence.
Maximum penalty—200 penalty units.
Division 2 Legal proceedings
102 Proceeding for offence
(1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886.
(2) A proceeding may be started within the later of the following—
(a) 1 year after the offence is committed;
(b) 6 months after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed.
103 Inspector may prosecute
An inspector may appear and act in court for the prosecution on a proceeding under this Act, whether or not the inspector is the complainant in the proceeding.
104 Evidence
(1) This section applies to a proceeding under this Act.
(2) Unless a party by reasonable notice requires proof, the appointment of an official, or the authority of an official to do anything under this Act, must be presumed.
(3) A signature purporting to be the signature of an official is evidence of the signature it purports to be.
(4) A certificate purporting to be signed by an inspector and stating any of the following matters is evidence of the matter—
(a) that a specified document is a licence, or a copy of a licence, granted under this Act;
(b) that on a specified day, or during a specified period, a specified person was or was not a licensee;
(c) that a licence—
(i) was or was not granted for a specified term; or
(ii) was or was not in force on a specified day or during a specified period; or
(iii) was or was not subject to a specified condition;
(d) that a document is a copy of a document kept under this Act.
(5) Unless a party by reasonable notice requires proof, an entry in a book, register or record kept by or found at a person's premises, must be presumed to be made by or with the authority of the person.
(6) In this section—
official means—
(a) the chief executive; or
(b) the commissioner of the police service; or
(c) an inspector.
105 Effect of conviction for dealing in or selling property obtained by fraud
(1) Subsection (2) applies if a licensee is convicted of an offence involving the licensee knowingly dealing in or selling property obtained by fraud or by a dishonest means.
(2) A court may, as well as imposing any other penalty on the licensee, do either or both of the following—
(a) cancel the licensee's licence;
(b) order that the licensee may not hold a licence for 5 years after the conviction.
106 Attempts to commit offences
A person who attempts to commit an offence against this Act commits an offence against this Act.
Maximum penalty—half the penalty for the completed offence.
Division 3 Review of decisions
107 Application for review of decisions by QCAT
(1) A person affected by a reviewable decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.
(2) In subsection (1)—
reviewable decision means any of the following decisions of the chief executive—
(a) a decision to grant a licence with a condition or to refuse to grant a licence;
(b) a decision to renew or restore a licence with a condition or to refuse to grant the renewal or restoration of the licence;
(c) a decision to suspend or cancel a licence or impose a condition on a licence;
(d) a decision to refuse to approve a place as an authorised place for the licensee's licence, other than a condition imposed as mentioned in paragraph (a) or (b);
(e) a decision to refuse to replace a licence that is lost, stolen, destroyed or damaged in a way that requires its replacement.
107A [Repealed]
107B [Repealed]
108 [Repealed]
109 [Repealed]
110 [Repealed]
Part 7 General provisions
111 Exchange of information
(1) The chief executive may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information—
(a) held by the chief executive or the relevant agency; or
(b) to which the chief executive or the relevant agency has access.
(2) An information-sharing arrangement may relate only to information that assists—
(a) the chief executive perform the chief executive's functions under this Act; or
(b) the relevant agency perform its functions.
(3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to—
(a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and
(b) disclose information to the other party.
(4) The chief executive may use criminal intelligence, given to the chief executive by the commissioner of the police service under an information-sharing arrangement, only for monitoring compliance with this Act.
(5) In this section—
information does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001.
relevant agency means the following—
(a) the commissioner of the police service;
(b) the chief executive of a department;
(c) a local government;
(d) a person prescribed by regulation.
112 Confidentiality
(1) This section applies if a person gains confidential information through involvement in the administration of this Act.
(2) The person must not make a record of the information or disclose the information to another person, other than under subsection (4).
Maximum penalty—35 penalty units.
(3) Without limiting subsection (1), a person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—
(a) the chief executive; or
(b) a public service employee employed in the department; or
(c) a person engaged by the chief executive for this Act.
(4) A person may make a record of confidential information or disclose it to another person—
(a) for this Act; or
(b) to discharge a function under another law; or
(c) for a proceeding in a court or QCAT; or
(d) if authorised by a court or QCAT in the interests of justice; or
(e) if required or permitted by law; or
(f) for information other than criminal intelligence—if the person is authorised in writing by the person to whom the information relates.
(5) The chief executive must destroy the following as soon as practicable after it is no longer needed for the purpose for which it was requested or given—
(a) a criminal history report about a person;
(b) a copy of a control order or registered corresponding control order accompanying a criminal history report about a person;
(c) a notice given under section 9(2) about a person.
(6) The Public Records Act 2023 does not apply to the documents mentioned in subsection (5).
(7) In this section—
confidential information—
(a) includes information about a person's affairs; but
(b) does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.
112A Delegation by chief executive
(1) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified public service employee.
(2) In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
A person's classification level in the public service.
113 Officials not civilly liable
(1) An official is not civilly liable for an act done, or omission made, honestly and on reasonable grounds under this Act.
(2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
(3) In this section—
official means—
(a) the chie