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Second-hand dealing and pawnbroking industry breaches and penalties

Unlicensed work

Unlicensed second-hand dealer or pawnbroker work is against the law. The following penalties apply.

Type of offence Maximum penalty
Operating unlicensed $26110
Forging a licence $26110
Unlawfully possessing a document that resembles a licence $26110
Using another person's licence $26110
Letting another person use your licence $26110
Possessing someone else’s licence without a reasonable excuse $26110
Altering a licence $26110

Invalid licences

If you’re found guilty of a disqualifying offence, you must show cause why you should keep your licence.

Type of offence Maximum penalty
Possessing a cancelled or suspended licence $13055
Not reporting to us that your licence is lost, stolen, destroyed or damaged

$6,527

Possessing a surrendered or expired licence $2,611
Not returning a surrendered licence $2,611
Not returning an expired licence $2,611

Change of details

Type of offence Maximum penalty
Not returning a licence $13055
Not returning an old licence when you add an authorised place

$6,527

Not advising us if you change your home address

$6,527

Not returning your old licence when you change an address

$2,611

Not advising us if you add or remove any associates

$6,527

Place of business

You must work from an authorised place of business. All of your locations must be authorised.

Type of offence Maximum penalty
Pretending that your place of business is authorised by a second-hand dealer’s licence $26110
Carrying on business at a place other than an authorised place $26110
Pretending that your place of business is authorised by a pawnbroker's licence $26110
Not identifying an place of business as being authorised by a pawnbroker’s licence

$6,527

Transaction registers

You must keep a transactions register if you’re:

Second-hand dealer register

Type of offence Maximum penalty
Not keeping a register for each authorised place of business (printed or electronic) $26110
Not entering relevant details into the register $26110
Separating goods into parts to avoid entering the particulars in the register $26110
Not filling out the register promptly after transactions not done at an authorised place $26110
Not giving information from your register to the police $26110
Making false or misleading entries in transaction register $26110
Removing an entry from the register $26110
Not keeping your register at the relevant premises $13055
Not keeping a register for a location at the address stated in the licence $13055

Pawnbroker register

Type of offence Maximum penalty
Not keeping a register $26110
Not entering the required details into the register $26110
Not giving information from your register to the police $26110
Making false and misleading entries in the register $26110
Not entering details about disposing of the property into the register $26110
Not keeping the register at the premises to which it relates $13055
Not keeping a register for a location at the address stated in the licence $13055
Not recording in the property register if a redemption period is longer than 3 month $2611

Trade conduct

You must follow certain restrictions if you’re:

Second-hand dealer conduct

Type of offence Maximum penalty
Employing a person under the age of 17 to acquire second-hand goods $26110
Not keeping certain goods for 7 days $26110
Acquiring goods from someone under the age of 17, drunk or affected by drugs $26110
Collecting second-hand goods on a Sunday or a public holiday $26110
Collecting second-hand goods from a person if the time is 6pm–7am $26110
Not asking for the required information from the person who’s selling the property $26110
Not telling the police if you suspect you have stolen goods in your possession $26110
Not showing your licence to a customer if they ask to see it

$6,527

Pawnbroker conduct

Type of offence Maximum penalty
Not giving your client a pawn ticket $26110
Not depositing your proceeds from selling pawned property into a trust account $26110
Not holding the proceeds in your trust account for 12 months $26110
Not giving unclaimed proceeds to the public trustee $26110
Employing a person under the age of 17 $26110
Acquiring property from someone under the age of 17, drunk or affected by drugs $26110
Not asking for the required information from the person who’s pawning the property $26110
Not telling the police if you suspect you have stolen goods in your possession $26110
Selling an article before its redemption period expires $26110
Not giving adequate notice about an upcoming auction of pawned goods $13055
Not showing your licence to a customer if they ask to see it

$6,527

Inspectors

As a second-hand dealer or pawnbroker, you may face an inspection. Inspectors have the legal authority to make sure that you don’t break the law. You must follow their lawful directions, or you risk a fine.

Our inspectors must show you their signed photo ID.

These officers may:

  • enter any public place that is open
  • enter an area with the owner's permission
  • enter any area if they have a warrant from the Magistrates Court
  • search the premises
  • seize possessions
  • take copies of documents
  • take other people or equipment into the area.

Police officers have the same powers under the Act. An ‘authorised officer’ might be an inspector or a police officer.

Dealing with inspectors

Type of offence Maximum penalty
Giving false or misleading information to an authorised officer $26110
Obstructing an authorised officer $26110
Not giving reasonable help to an authorised officer

$26110

Not showing your licence to an authorised officer if asked

$26110

Not giving your name and address

$6,527