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s 59

Presumption of right to redeem

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Part 4Conduct of business
Division 2Pawnbrokers

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.

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