Second-hand Dealers and Pawnbrokers Act 2003

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.

However, the following persons do not contravene subsection (1)—

a pawnbroker to the extent the person may lawfully deal with second-hand property under the person’s licence under this Act;

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;

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;

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;

a person dealing in second-hand property for a charity registered under the Collections Act 1966;

a charity, religious denomination, or an organisation formed for a community purpose, within the meaning of the Collections Act 1966;

a local government;

an authorised deposit-taking institution under the Banking Act 1959 (Cwlth);

a company registered under the Life Insurance Act 1995 (Cwlth);

a trustee company under the Trustee Companies Act 1968.

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.

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 chattel auctioneer under the Motor Dealers and Chattel Auctioneers Act 2014;

an authorised deposit-taking institution under the Banking Act 1959 (Cwlth);

a broker, commission agent or merchant.