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Second-hand Dealers and Pawnbrokers Act 2003 – 1 December 2014

Second-hand Dealers and Pawnbrokers Regulation 2004 – 1 July 2015

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A person may apply in the approved form to the government for a second-hand dealer’s licence to carry on a business of dealing in second-hand property or to carry on the business of conducting a trash and treasure market, flea market, antique market or antique fair (as a market operator). To see what does not fall within the definition of ‘second-hand property’, refer to Schedule 3 of the Act and Schedule 1 of the Second-hand Dealers and Pawnbrokers Regulation 2004. A person may also apply in the approved form for a pawnbroker’s licence to carry on the 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. Note: A licence can not be assigned or transferred to another person. A person must, immediately after receiving a licence granted to the person, sign the licence in ink in the space provided.

  • Sections 4, 6, 7, 8A, 10, 11, 12, 22, 23, 26, 28, 34, 49, 51, 72, Schedule 3; Regulations 3, 10, Schedule 1

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 licenced dealer sign complying with section 36 of the Act.

  • Section 36

A second-hand dealer must keep a printed or an electronic register of transactions for which entries of each ‘second-hand property transaction’ is recorded. A ‘second-hand property transaction’ is defined to mean 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.

  • Sections 37, 38, 40, 41; Regulations 5, 6

A second-hand dealer must not employ a person under 17 years to acquire second-hand property.

  • Sections 4, 42, Schedule 3

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. For the definition of ‘nominated property’, refer to Schedule 3 of the Act.

  • Sections 4, 44, Schedule 3

A second-hand dealer must not acquire second-hand property from a person under 17 years, or who is under the influence of alcohol or a drug.

  • Sections 4, 45, Schedule 3

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 6pm and 7am. Note: This provision does not apply if consent is obtained at least 1 day before the day the property is acquired.

  • Sections 4, 46, Schedule 3

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; and (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.

  • Section 47

A pawnbroker must clearly display at each authorised place the pawnbroker is carrying on business as a pawnbroker, a licenced pawnbroker sign complying with section 52 of the Act.

  • Section 52

A pawnbroker must keep a printed or an electronic register of property taken as a pawn by the pawnbroker.

  • Sections 53, 54, 56, 57, 61; Regulations 7, 8, 9

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’). The pawn ticket must include the number allotted to the entry and the name of the pawnbroker.

  • Sections 4, 58, Schedule 3

A person with a pawn ticket generally has the right to redeem pawned property. Note: Exceptions apply e.g. seized/stolen property.

  • Section 59

A pawnbroker must not sell or dispose of property, taken by the pawnbroker as a pawn, before the redemption period expires for the property. The redemption period cannot be less than 3 months. 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. Note: The person who pawned the property may still be able to claim the balance of proceeds from the sale of pawned property – refer to sections 62, 63 and 64 of the Act in detail.

  • Sections 4, 60, 62, 63, 64, 65, 66, Schedule 3

A pawnbroker must not employ a person under 17 years to take property as a pawn.

  • Section 67

A pawnbroker must not take property as pawn from a person under 17 years, or who is under the influence of alcohol or a drug.

  • Section 69

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; and (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.

  • Section 70
Reason for law

To deter crime in the second-hand property market. (Section 3)

Relevant links

Second-hand dealers and pawnbrokers [Office of Fair Trading]

Check a licence

Forms

Starting a second-hand dealer or pawnbroker business [Queensland Government]

Second-hand dealers and pawnbrokers: Review of Chief Executive’s decision [Queensland Civil and Administrative Tribunal]

National Council of Jewellery Valuers

Suggested links

Flohpalast [Germany]

Pass the Baton [Japan]

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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