Pawnbrokers and Second-hand Dealers Act 1994 (WA)

Western Australia Pawnbrokers and Second-hand Dealers Act 1994 Western Australia Pawnbrokers and Second-hand Dealers Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used in this Act 1 3A. Meaning of "pawnbroker" 1 4. Application 1 5. Buy‑back contracts regarded as lending money on security of pawned goods 1 Part 2 — Licensing of pawnbrokers and second‑hand dealers Division 1 — Requirement for licences 6. Pawnbrokers to be licensed 1 7. Second‑hand dealers to be licensed 1 8. Natural persons only to be licensed 1 8A. Premises in respect of which licences apply 1 9. Offence of holding out, etc. 1 Division 2 — Licensing 10. Licensing officers 1 11. Notice of intention to apply for licence 1 12. Expedited applications 1 13. How to apply for issue of licence 1 14. Documentation in support of application for issue of licence 1 15. How and when to apply for renewal of licence 1 16. Documentation in support of application for renewal of licence 1 17. Offences in relation to licence applications 1 18. Objections to issue or renewal of licences 1 19. Issue of licences 1 20. Renewal of licences 1 21. Issue and renewal of licences held on behalf of partnerships and bodies corporate 1 22. Declining issue or renewal of licence 1 23. Form of licences 1 24. Conditions and restrictions 1 25. Not transferable 1 26. Duration of licences 1 27. Suspension, revocation of licences and disqualification 1 28. Commissioner to keep register of licences 1 Division 3 — Review of licensing decisions 30. Review 1 32. Returns by executive officer of the State Administrative Tribunal 1 33. Effect of charges pending on Court hearings 1 Division 4 — Powers of courts generally in relation to licences 34. Courts may suspend, revoke licence or disqualify person upon conviction 1 35. Returns by courts 1 Division 5 — Other requirements in relation to licences 36. Sign to be displayed 1 37. Certain employee records to be kept, provided to police 1 37A. Advertisements 1 Part 3 — Contracts with pawnbrokers and second‑hand dealers Division 1 — Duties of pawnbrokers and second‑hand dealers 38. Persons under 18 or affected by alcohol or drugs 1 39. Identification of persons 1 40. Offences in relation to false information 1 41. Records to be made by pawnbrokers 1 42. Pawn tickets 1 43. Records to be made by second‑hand dealers 1 44. Records to be provided by second‑hand dealers 1 45. Keeping of records 1 46. Tampering with records 1 47. Goods to carry contract number 1 48. Pawn ticket "lost" or "stolen" 1 Division 2 — Redemption and sale of goods 49. Term used in this Division 1 50. When goods may be redeemed 1 51. Where pawned goods to be kept 1 52. When goods to be redeemed 1 53. When goods not to be redeemed 1 54. Redemption only to holder of pawn ticket 1 55. Sale of unredeemed goods 1 56. Unredeemed goods not to be bought by or on behalf of pawnbroker 1 57. Application of proceeds of sale 1 58. Records to be made on sale of unredeemed goods 1 59. Notice as to surplus 1 60. Payment of surplus on demand 1 Division 3 — Retention of second‑hand goods 61. Second‑hand goods to be kept unchanged at least 14 days 1 62. Where second‑hand goods to be kept 1 Division 4 — Other matters relating to contracts with pawnbrokers and second‑hand dealers 63. Pawnbroker not to charge establishment fee 1 64. Re‑pledging of goods prohibited 1 65. No contracting out of liability for loss or damage 1 66. Buyer may be compensated 1 67. Certain rights etc. saved 1 68. Reopening pawnbroking contracts 1 69. Civil consequences of breach of section 6 1 70. Civil consequences of breach of section 42 1 71. Criminal liability 1 72. Breach does not otherwise vitiate contract 1 73. Relief from sections 69 and 70 1 Part 4 — Enforcement 74. Entry to and inspection of licensed premises without warrant 1 75. Assistance in the location of goods at licensed premises 1 76. Provision of, and assistance in relation to, records etc. 1 77. Police may seize records for certain purposes 1 78. Police to be informed in certain circumstances 1 79. Information about goods to be given to Commissioner in accordance with regulations 1 80. Notice to stop dealing 1 81. Seizure of goods suspected stolen 1 82. Name and address 1 83. Power of pawnbrokers, dealers etc. to arrest 1 84. Offence of hindering police 1 85. Summary orders where goods stolen, pawned etc. 1 86. Summary orders where competing claims to goods 1 87. Procedure for sections 85 and 86 1 88. Licensee's liability for employees, agents 1 89. Liability of partners and bodies corporate 1 90. Infringement notices 1 Part 5 — Miscellaneous 91. Delegation by Commissioner 1 92. Financial Management Act 2006 and Auditor General Act 2006 1 93. Orders to enable redemption of goods where licence revoked etc. 1 94. Service 1 95. Secrecy 1 96. Protection from liability 1 97. Evidentiary provisions 1 98. Regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Pawnbrokers and Second‑hand Dealers Act 1994 An Act to make provision for the licensing and regulation of pawnbrokers and second‑hand dealers, to facilitate the recovery of stolen goods from pawnbrokers and second‑hand dealers, to repeal the — • Pawnbrokers Act 1860 1; • Second‑hand Dealers Act 1906 1; and • Marine Stores Act 1902 1, and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Pawnbrokers and Second‑hand Dealers Act 1994. 2. Commencement The provisions of this Act come into operation on such day as is fixed by proclamation. 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: No. 46 of 2006 s. 4.] 3A. Meaning of "pawnbroker" (1) In this Act — pawnbroker means a person conducting the business of lending money on the security of pawned goods. (2) For the purposes of this Act, goods are pawned if the goods are taken into the possession of a lender of money for the purpose of the lender relying on possession of the goods as security for the repayment of the loan. (3) To determine for the purposes of this Act whether goods are pawned and whether money is lent on the security of pawned goods — (a) regard is to be had to the substance of the loan transaction rather than its form or other legal technicalities; (b) particular regard is to be had to the ordinary understanding of the borrower as to the nature of the loan transaction and the reason or basis on which possession of goods is given to the lender; (c) it does not matter that the terms of the loan transaction provide that the lender has taken possession of the goods at the request of, or on behalf of, the borrower or otherwise so as to give the appearance that the lender does not rely on possession of the goods as security for the repayment of the loan; and (d) goods can be considered pawned and money can be considered lent on the security of pawned goods even if the loan also gives rise to a mortgage of the goods. (4) The regulations may prescribe cases or circumstances in which, for the purposes of this Act — (a) the taking of goods into the possession of a lender of money in connection with the loan is the pawning of the goods (whether or not that taking into possession is for the purpose of the lender relying on possession of the goods as security for the repayment of the loan); (b) the taking of goods into the possession of a lender of money in connection with the loan is not the pawning of the goods (despite that taking into possession being for the purpose of the lender relying on possession of the goods as security for the repayment of the loan); or (c) the taking of goods into the possession of a person acting on behalf of, or associated with, a lender of money is taken to be the taking of goods into the possession of the lender. [Section 3A inserted: No. 46 of 2006 s. 5.] 4. Application (1) This Act does not apply to — (a) an auctioneer within the meaning of the Auction Sales Act 1973 who is acting in accordance with a licence issued to, or for the benefit of, the auctioneer under that Act; (b) a dealer within the meaning of the Firearms Act 1973 who is acting in accordance with a licence issued in relation to that dealer under that Act; or (c) a holder of an authorisation under the Motor Vehicle Dealers Act 1973 who is acting in accordance with the authorisation. (2) Parts III to VIII of the Credit Act 1984 do not have effect in relation to the provision of credit within the meaning of that Act by a person who is acting in accordance with a pawnbroker's licence held by or on behalf of the person. (3) All or any of the provisions of this Act may be prescribed by the regulations as provisions which do not apply to persons or classes of persons or to goods or classes of goods specified in the regulations. [Section 4 amended: No. 4 of 2002 s. 71.] 5. Buy‑back contracts regarded as lending money on security of pawned goods If a person receives goods under a contract of sale where the seller has a right to buy back the goods, then for the purposes of this Act — (a) the person receiving the goods is taken to be lending money on the security of the goods as pawned goods; (b) the price at which the goods are to be sold under the contract is taken to be the amount lent; (c) the difference between the amount lent and the price at which the goods may be bought back is taken to be the interest payable; and (d) the right to buy back the goods is taken to be the right to redeem the goods. [Section 5 inserted: No. 46 of 2006 s. 6.] Part 2 — Licensing of pawnbrokers and second‑hand dealers Division 1 — Requirement for licences 6. Pawnbrokers to be licensed A person must not act as a pawnbroker except under and in accordance with a pawnbroker's licence held by or on behalf of the person. Penalty for an individual: $5 000 and 12 months' imprisonment. Penalty for a body corporate: $20 000. 7. Second‑hand dealers to be licensed A person must not act as a second‑hand dealer except under and in accordance with a second‑hand dealer's licence held by or on behalf of the person. Penalty for an individual: $5 000 and 12 months' imprisonment. Penalty for a body corporate: $20 000. 8. Natural persons only to be licensed (1) A person other than a natural person cannot hold a licence. (2) A person may hold more than one licence but a licence cannot be held by more than one person. (3) A natural person may hold a licence on behalf of — (a) a partnership if the natural person is one of the partners; or (b) a body corporate if the natural person is an officer of the body, and any business under that licence may be transacted in the name of the partnership or body. 8A. Premises in respect of which licences apply (1) Unless the Commissioner otherwise determines in a particular case, a licence can only apply in respect of one location where the business premises to which the licence applies are operated, as specified in the licence. (2) A licence may apply in respect of one or more locations where storage premises are operated for the purposes of the business premises to which the licence applies, as specified in the licence. [Section 8A inserted: No. 46 of 2006 s. 7.] 9. Offence of holding out, etc. (1) A person other than a person who holds, or on behalf of whom is held, a pawnbroker's licence must not hold himself or herself out as being, or pretend to be, or make use of any words or letters or any name, title, abbreviation, or description that implies or tends to encourage the belief that he or she is a pawnbroker. (2) A person other than a person who holds, or on behalf of whom is held, a second‑hand dealer's licence must not hold himself or herself out as being, or pretend to be, or make use of any words or letters or any name, title, abbreviation, or description that implies or tends to encourage the belief that he or she is a second‑hand dealer. Penalty for an individual: $5 000 and 12 months' imprisonment. Penalty for a body corporate: $20 000. Division 2 — Licensing 10. Licensing officers The Commissioner is to appoint from members of the Police Force or officers of the Department such number of licensing officers as are required for the purposes of this Act. 11. Notice of intention to apply for licence (1) Subject to section 12, a person cannot apply for a licence unless a notice of the person's intention to apply has been published in a newspaper with circulation throughout the State within the 28 day period before the application is made. (2) A notice under this section is to be in an approved form. 12. Expedited applications (1) Where an applicant intends to conduct the business of a licensee in place of the licensee in circumstances where — (a) the licensee has died; (b) the licensee is suffering from an illness or other disability of a nature that renders the licensee unable to conduct the business in accordance with this Act; (c) the licensee decides that he or she will no longer be involved in conducting the business; (d) the licence is revoked or suspended; or (e) the licensee is unable to conduct the business because of unforeseen circumstances, a licensing officer may waive the requirement for the applicant to publish a notice under section 11 if, during the period referred to in that section, the business could not otherwise be conducted at all. (2) A licence issued to an applicant referred to in subsection (1) is to be issued on the condition that a notice in an approved form is published in a newspaper with circulation throughout the State 10 days after the licence is issued so as to enable persons to object to any subsequent application to renew the licence. 13. How to apply for issue of licence An application for the issue of a licence is to be — (a) made in an approved form lodged at a place approved by the Commissioner; and (b) accompanied by the prescribed fee. 14. Documentation in support of application for issue of licence An application for the issue of a licence is to be accompanied by — (a) evidence as to the applicant's identity — (i) by means of the applicant's birth certificate; (ii) by means of the applicant's passport where the passport is either current or has not been expired for more than 24 months; (iii) by means of the applicant's motor driver's licence; or (iv) by such other means as are prescribed; (b) written evidence from the local government of the district within which premises proposed to be licensed are situated to the effect that all approvals, consents and exemptions required under any written law have been obtained in relation to the premises; (c) subject to section 12, a copy of the notice under section 11 showing the date and name of the newspaper in which the notice was published; (d) in the case of an application for a licence to be held on behalf of a partnership or body corporate — (i) where relevant, proof of the business name; (ii) where relevant, proof of incorporation; and (iii) written confirmation from one of the other partners or one of the body's directors, as the case requires, that the applicant is authorised by the partnership or the body to make the application; (e) such other information as a licensing officer may require for the proper consideration of a particular application; and (f) other evidence of such a nature or in such a form as may be prescribed. [Section 14 amended: No. 14 of 1996 s. 4.] 15. How and when to apply for renewal of licence (1) An application for the renewal of a licence is to be — (a) made in an approved form lodged at, or sent by post to, a place approved by the Commissioner; and (b) accompanied by the prescribed fee. (2) An application for the renewal of a licence is to be made no later than 28 days before the day on which the licence is due to expire or at such later time as the licensing officer, having regard to section 22(2), allows. 16. Documentation in support of application for renewal of licence An application for the renewal of a licence is to be accompanied by evidence of such a nature or in such a form as may be prescribed. 17. Offences in relation to licence applications A person must not, in relation to an application for the issue or renewal of a licence, provide information in written or oral form that the person knows to be — (a) false or misleading in a material particular; or (b) likely to deceive in a material way. Penalty for an individual: $5 000 and 12 months' imprisonment. Penalty for a body corporate: $20 000. 18. Objections to issue or renewal of licences (1) Any person may object to the issue or renewal of a licence on the ground that a licensing officer should not or should no longer be satisfied in relation to any of the matters referred to in section 19, 20 or 21 that is relevant to the applicant or, where the application is on behalf of a partnership or body corporate, to the partnership and any of the partners or to the body and any of the body's officers, as the case may be. (2) An objection is to be made in an approved form and is not to be considered unless it is lodged with a licensing officer — (a) in the case of an application (other than an expedited application) for the issue of a licence, no later than 28 days after the publication date of the notice under section 11; or (b) in the case of an application for the renewal of a licence, no later than 28 days before the day the licence is due to expire. 19. Issue of licences A licensing officer is not to issue a licence unless the officer is satisfied — (a) that there is sufficient evidence as to the identity of the applicant; (b) that all approvals, consents and exemptions referred to in section 14(b) have been obtained; (c) subject to section 12, that a notice under section 11 has been published in accordance with that section; (d) that the time for the lodgement of objections has passed and either — (i) no objection to the application has been made; or (ii) each objection has been adequately investigated and that the investigation results justify the issue of the licence; (e) that the applicant is of good character and is in all respects a fit and proper person to hold a licence; (f) that there will be during the licence period, adequate management, supervision and control of the business operations that are the subject of the application; (g) that during the licence period the applicant will be able to comply with — (i) the provisions of this Act; and (ii) any condition or restriction to which the licence is likely to be subject; (h) that the applicant has, or is able to obtain, the means to provide information in accordance with section 79; (i) that the applicant is not — (i) an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (ii) subject to a type of external administration referred to in Chapter 5 of the Corporations Act 2001 of the Commonwealth; (j) that there is no charge pending in relation to the applicant for an offence involving dishonesty, fraud, stealing or of any other offence of a nature that renders the applicant unsuitable to hold a licence; (k) where the applicant has been found guilty of any offence, that neither — (i) the circumstances of the applicant's involvement in the commission of the offence; nor (ii) the period of time between the finding and the application, renders the applicant unsuitable to hold a licence; (l) that the applicant has not been involved in conduct of a nature that renders the applicant unsuitable to hold a licence; (m) in the case of an application for a pawnbroker's licence, that there are adequate arrangements for the safekeeping of pawned goods; (n) that at the time of the application — (i) the applicant is not disqualified from holding the type of licence applied for or from having the type of licence held on his or her behalf; and (ii) a licence of the type applied for held by or on behalf of the applicant is not suspended; (o) of such other matters as may be prescribed; and (p) that there is no other good reason why the licence should not be issued. [Section 19 amended: No. 10 of 2001 s. 220.] 20. Renewal of licences A licensing officer is not to renew a licence unless he or she is satisfied — (a) in relation to the matters referred to in section 19(d) to (p) in so far as those matters apply to the renewal of a licence; (b) that the licensee has not contravened, or failed to comply with — (i) a provision of this Act; or (ii) the licence or a condition or restriction to which the licence is subject, in circumstances rendering the renewal of the licence to be inappropriate; and (c) that no proceedings commenced under section 30 are pending. [Section 20 amended: No. 55 of 2004 s. 888.] 21. Issue and renewal of licences held on behalf of partnerships and bodies corporate Where an application is made for the issue or renewal of a licence to be held on behalf of a partnership or body corporate, a licensing officer is not to issue or renew the licence unless the licensing officer is satisfied as to each of the matters referred to in section 19 or 20 as the case may be, in relation to each of the following persons who is relevant to the application — (a) the partnership and the partners; and (b) the body and the body's officers. 22. Declining issue or renewal of licence (1) Where a licensing officer declines to issue a licence the officer, no later than 28 days after the decision is made, is to serve the applicant with written notice setting out the decision and the reasons for the decision and informing the applicant of the right to apply to the State Administrative Tribunal for a review of the decision. (2) Where a licensing officer declines to renew a licence the officer, no later than 14 days before the day on which the licence is due to expire, is to serve the applicant with written notice setting out the decision and the reasons for the decision and informing the applicant of the right to apply to the State Administrative Tribunal for a review of the decision. [Section 22 amended: No. 55 of 2004 s. 889.] 23. Form of licences (1) A licensing officer is not to issue or renew a licence without specifying in the licence the business premises and storage premises to which the licence applies. (2) Subject to subsection (1), a licence is to be in an approved form. [Section 23 amended: No. 46 of 2006 s. 8.] 24. Conditions and restrictions (1) A licensing officer may issue or renew a licence subject to conditions and restrictions set out in, or provided with, the licence. (2) Without limiting subsection (1), a licence may be subject to conditions in relation to ascertaining whether any person who is, or is proposed to be, employed at business premises has been convicted of any offence the nature of which may render the person unsuitable to enter into contracts at the premises. (3) A licensing officer may make an existing licence subject to a new condition or restriction or change or remove a condition or restriction to which an existing licence is subject but in that case — (a) the officer, no later than 14 days after the decision is made, is to serve the licensee with written notice of the decision; and (b) the decision does not take effect until 21 days after the decision is made, or at such later time as is set out in the notice. (4) Unless it is otherwise provided in the licence, a licence is subject to any condition or restriction prescribed by the regulations for the purposes of this subsection. (5) A pawnbroker or second‑hand dealer must not contravene or fail to comply with a condition or restriction to which the licence is subject. Penalty for an individual: $5 000. Penalty for a body corporate: $20 000. [Section 24 amended: No. 46 of 2006 s. 9.] 25. Not transferable A licence is not transferable. 26. Duration of licences A licence may be issued or renewed for such period as the licensing officer thinks fit but the period cannot exceed 3 years from the day of issue or renewal of the licence. 27. Suspension, revocation of licences and disqualification (1) A licensing officer who is a member of the Police Force may, on receiving a complaint or on the licensing officer's own initiative, make any investigation or inquiry necessary to decide whether an allegation should be made under subsection (2) by that or any other licensing officer. (2) A licensing officer may make an allegation to the State Administrative Tribunal that it should take action against a specified licensee under this section — (a) on the ground that a licensing officer should not or should no longer be satisfied in relation to any of the matters referred to in section 19, 20 or 21 that is relevant to the licensee or, where the licence is held on behalf of a partnership or body corporate, to the partnership and any of the partners or to the body and any of the body's officers, as the case may be; or (b) on the ground that a person (other than the licensing officer) referred to in paragraph (a) has contravened, or failed to comply with — (i) a provision of this Act; or (ii) the licence or a condition or restriction to which the licence is subject. (3) If the State Administrative Tribunal, on dealing with an allegation under subsection (2), is satisfied that a ground referred to in that subsection has been made out, it may — (a) suspend a licence for such period as it thinks fit; (b) revoke a licence; or (c) disqualify a person from holding a licence or from having a licence held on the person's behalf, for such period as the Tribunal thinks fit or permanently. (4) A person whose licence is suspended or revoked by the State Administrative Tribunal, or who is disqualified by the State Administrative Tribunal from holding a licence, is required to deliver the person's licence, if any, to a licensing officer. Penalty: $2 000. (5) If a licence is suspended under this section it is to be treated as being of no effect during the period of suspension. (6) A person who under this section is disqualified from holding a licence or from having a licence held on the person's behalf cannot during the period of disqualification apply, or be the subject of an application, for a licence of that type. [Section 27 amended: No. 55 of 2004 s. 890.] 28. Commissioner to keep register of licences (1) The Commissioner is to cause to be kept, in a form approved by the Commissioner, a register of the following information in relation to each licence issued — (a) the type of licence; (b) the name of the licensee and where the licence is held on behalf of a partnership or body corporate, the name (including, where relevant, the business name) of the partnership or body corporate; (c) the location of the business premises and storage premises to which the licence applies; (d) the expiry date; and (e) such other particulars as may be prescribed. (2) A licensing officer is to allow any person to inspect the register on payment of the prescribed fee (if any). [Section 28 amended: No. 46 of 2006 s. 10.] Division 3 — Review of licensing decisions [Heading inserted: No. 55 of 2004 s. 891.] [29. Deleted: No. 55 of 2004 s. 892.] 30. Review (1) A person who is aggrieved by a licensing officer's decision — (a) to decline the issue or the renewal of a licence; (b) as to the period for which a licence is issued or renewed; (c) as to a condition or restriction to which a licence is to be subject; (d) as to premises to which the licence is, or is not, to apply; or (e) as to the suspension or revocation of, or disqualification in relation to, a licence, may apply to the State Administrative Tribunal for a review of the decision. [(2) deleted] [Section 30 amended: No. 55 of 2004 s. 893.] [31. Deleted: No. 55 of 2004 s. 894.] 32. Returns by executive officer of the State Administrative Tribunal (1) The executive officer of the State Administrative Tribunal is to give to the Commissioner such information from the records under the executive officer's control as the Commissioner certifies in writing is required for the purposes of this Act. (2) On the determination of an application under this Division the executive officer of the State Administrative Tribunal is to send to the Commissioner a copy of any order in relation to the determination. [Section 32 amended: No. 55 of 2004 s. 895.] 33. Effect of charges pending on Court hearings Where — (a) an application has been made under this Division for a review; and (b) a charge for an offence referred to in section 19(j) is pending in relation to a person who is a subject of the application, the State Administrative Tribunal may adjourn the hearing of the matter until the charge has been determined. [Section 33 amended: No. 55 of 2004 s. 896.] Division 4 — Powers of courts generally in relation to licences 34. Courts may suspend, revoke licence or disqualify person upon conviction (1) Where a person is convicted by any court of an offence against this Act, the court may, in addition to any penalty imposed or order made in respect of the conviction — (a) order, in relation to a licence applicable to that person — (i) that the licence be suspended for such period as the court thinks fit; (ii) that the licence be revoked; or (iii) that a person be disqualified from holding a licence or from having a licence held on a person's behalf, for such period as the court thinks fit or permanently, and that the licence be delivered up to the court; or (b) order the imposition of conditions or restrictions in relation to the licence as it thinks fit for the period of time set out in the order. (2) When making any order under this section the court may, if it thinks fit, defer the operation of the order pending an appeal. (3) If a licence is suspended under this section it is to be treated as being of no effect during the period of suspension. (4) A person who under this Division is disqualified from holding a licence or from having a licence held on the person's behalf cannot during the period of disqualification apply, or be the subject of an application, for a licence of that type. [Section 34 amended: No. 55 of 2004 s. 897.] 35. Returns by courts Where a court has made an order under section 34 in relation to a licence, the court is to ensure that the following is sent to the Commissioner — (a) notice of the findings, penalty imposed and orders made in relation to the matter; and (b) where relevant, any licence t