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reg 33

Transitional provisions relating to Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020

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33 Transitional provisions relating to Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020

(1)

In this regulation —

commencement day means the day on which the Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 regulation 7 comes into operation;

current licence period, in relation to a person, means the person’s licence period in effect immediately before commencement day;

relevant day means the earlier of the following —

(a)

the day after the end of the current licence period;

(b)

1 February 2021.

(2)

Subregulation (3) applies in relation to a contract if —

(a)

the contract is entered into before commencement day; but

(b)

the information required to be given to the Commissioner under regulation 15(1) or (2) in relation to the goods that are the subject of the contract is not given before commencement day.

(3)

The information may be given to the Commissioner as if the Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 regulation 7 had not come into operation.

(4)

Subregulation (5) applies if, immediately before commencement day —

(a)

a person holds a second‑hand dealer’s licence only; and

(b)

an election to give the Commissioner information for the purposes of section 79 by way of transmission by facsimile machine is in effect in relation to the person.

(5)

The person may continue to give the Commissioner information for the purposes of section 79 by way of transmission by facsimile machine as if the Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 regulation 7 had not come into operation.

(6)

Subregulation (5) ceases to apply in relation to the person —

(a)

unless paragraph (b) applies, on the relevant day; or

(b)

if an action is taken under section 27(3) in relation to the licence or the person before the relevant day — when the action is taken.

[Regulation 33 inserted: SL 2020/147 r. 10.]

[Schedule 1 deleted: Gazette 30 Dec 2004 p. 6975.]

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Section 33 — Transitional provisions relating to Pawnbrokers and Second‑hand Dealers Amendment Regulations 2020 — Pawnbrokers and Second-hand Dealers Regulations 1996 (Western Australia) — Barrister AI