Requirements for all licence holders

Requirement to show licence to Police

If you are: an individual licence holder; requested by a member of Police to show him or her your licence; and at that time, engaged in secondhand dealing and pawnbroking;

you must show that police officer your licence.

It is an offence to fail, without reasonable excuse, to comply with a Police officer's request to see your licence. This offence carries, on conviction, a fine of up to $2,000.

Requirement to display certified copy of licence

All licence holders must prominently display a certified copy of licence holder's licence at every place of business used by the licence holder for secondhand dealing or pawnbroking purposes.

"Prominently display" means that the certified copy of the licence should be readily visible to the public.

It is an offence to fail, without reasonable excuse, to prominently display a certified copy of the licence at every place of business. This offence also carries, on conviction, a fine of up to $2,000.

Requirements for employee records

Employee records to be kept

As a licence holder, you must keep an employee record of every person you employ in your secondhand dealing or pawnbroking business.

Your employee records must include the employee's:

full name; date of birth; contact address; telephone number, if any; and start-date with your business.

You must also note which of your employees hold certificates. You must record the certificate's number for each of those employees who hold a certificate.

Your employee records must be kept at your principle place of business (unless you are an itinerant secondhand dealer) and you must keep the record for each employee for 12 months after they ceased working for you.

Police to have access to employee records

You must, when required to do so by a Police officer:

show the Police officer your employee records; or
copy, all or specified parts, of your employee records and give the copy to the Police officer.

As a licence holder, you commit an offence if you fail to:

keep an employee record;
record the required details in your employee records;
keep the record at your principle place of business;
keep the record for 12 months from the date that the employee ceases to be employed by you;
show the Police officer the employee record (without delay); or
copy the employee record and give it to the Police officer.

If convicted of any such an offence, you could be fined up to $10,000.

Requirements for stolen or suspected stolen property

Requirement to report and hold stolen property

Licence holders have certain obligations regarding stolen property or property they suspect may be stolen. These obligations relate to all types of good, not just those that are classified as "articles".

If you have any goods in your possession or are offered any goods for sale that:

you know are stolen; or
you suspect are stolen;

you must:

report the goods to a member of Police as soon as practicable; and
if you are in possession of the goods, hold them for 14-days from the date that your reported the goods to Police.

In addition, if Police give you a notice that specifies goods that are, or are alleged, to be stolen, you must:

immediately notify a member of Police if any of the goods specified are offered to you for sale or pawn; and
check your stock to see if you have any of the specified goods already in your possession.

If you do have any of the goods listed in the Police notice already in your possession you must:

report that fact to a Police officer as soon as practicable; and
hold those goods from 14-days from the date that you reported them to Police.

Requirement to hold goods when given a "hold-notice"

If a Police officer has reasonable grounds to suspect that you hold or your business holds any goods that are stolen, the Police officer may issue a "hold-notice". A "hold-notice" is a means through which you are directed to hold that specific good for a 28-day period from the date on the notice. This may be 28-days on top of your general obligation to hold the goods for 14-days if you suspect that they are stolen.

If you receive a "hold-notice" from Police you must not dispose of the goods identified in the notice for 28-days from the date of the notice. If you fail to do so, you may, on conviction, receive a fine of up to $10,000.

You may only dispose of the goods within the 28-day period, if you are authorised to do so by a Police officer.

Requirements in respect to all goods in your possession

If a Police officer requires you to show or make available any or all goods in your possession, you must show the Police officer the goods that he or she has requested to view or inspect. If you fail to do so, you may be convicted of an offence and fined up to $10,000.