34;Commissioner" means the Commissioner of Police within the meaning of the Police Act 1937, and includes the person for the time being holding the office or performing the duties of the Commissioner;. Act 1984, the certificate required is that of the Aboriginal Council or the Island Council governing that area. A certificate referred to in paragraph 2 may be issued under the seal of the Local Authority or under the hand of an employee of the Local Authority authorized by the Local Authority to issue such a certificate certificate to be issued.
Where an application for a permit is made to an officer in charge of the police or, where prescribed, to an authorized officer, the officer in charge or, as the case may be, the authorized officer. (a) initiate or cause to be initiated any investigation in relation to the applicant, the application or the person appointed as the applicant's representative; Where an application for or renewal of a license is rejected by an authorized officer, he shall issue a notice of refusal in or to the effect of the prescribed form and forward the notice by registered post to the applicant at his address as specified. in the application. For the purpose of making the entry referred to in paragraph (2) or section 59 (3), an authorized officer may, by notice in or to the effect of the prescribed form, require a licensee to produce and deliver his license . that permit at the location specified therein on or before the time and date specified therein.
1) (a) A decent and suitable natural person who is not precluded by this Act from being a licensee shall be appointed in every application for a license by a legal person or a company registered under the Business Names Act 1962-1979 to be represented by the legal person or, depending for example, a company that directly carries out the activity of a pawnshop in the premises specified in the application. Every licensed pawnbroker shall have above the entrance or in a conspicuous place in his licensed premises -. a) the name of the authorized pawnbroker in legible letters at least 50 millimeters high;. For the purposes of subsection (3), an authorized pawnbroker shall open and maintain a trust account with a bank within the meaning of the Commonwealth Banking Act 1959, as amended from time to time.
Pawnbroker to inform police if stolen article comes into his possession. A pawnbroker who comes into possession of any article
An authorized pawnbroker may not employ a person under the age of 17 to take any item as a pawn or pledge.
A person who contravenes or fails to comply with any provision of this law commits an offense against this law and, unless a specific penalty is otherwise provided, is liable-. a) for the first offense, by a penalty not exceeding 400 dollars or by imprisonment for a term not exceeding three months; or (b) for a second or subsequent offence, with a penalty not exceeding. Fraud and illegal possession of license, etc. a) in any written request, notification or other document made or given to an authorized officer or a police employee to make a statement that he knows is false;. A licensed pawnbroker must not make or cause to be falsely entered in the pawnbroker's register.
A warrant may be executed at any time and shall have sufficient authority for any police officer and for all persons assisting him. a) to enter the place or premises specified in the order; In any proceeding under this Act, any police officer, even if not the informant or the complainant, may appear in court and act on behalf of the complainant. Any person who delivers to a licensed pawnbroker a document issued by the licensed pawnbroker under Article 33 or a copy thereof, duly issued by the licensed pawnbroker in accordance with Article 38, for the purpose of recovering the article to which the document or copy relates purchase, is deemed to be the owner. of the document or copy or to act under the authority of the owner thereof and have the right to redeem such article unless, prior to the production of such document or copy, the licensed pawnbroker has been informed. a) by a person claiming to be the owner of such document or copy, that it has been lost by him or taken without his consent; or. b) by a credible person, that the article to which such document or copy relates is a stolen article.
If an object taken by a pawnbroker as a pledge or pledge has been sold or otherwise disposed of, anyone who presents a document issued by the pawnbroker pursuant to section 33 relating to such object or a copy thereof to the pawnbroker must by the pawnbroker. the pawnbroker in accordance with section 38 is entitled to inspect the register of articles kept for the purposes of section 32 and to inspect and make copies or extracts of the statement therein relating to such article. All fees paid and all fines and costs recovered in proceedings under this Act shall be paid into the Consolidated Revenue Fund. For purposes of this section, a person whose name appears on a pawnbroker's license as a representative of the licensed pawnbroker shall be deemed to be an agent of the licensed pawnbroker, and the approved pawnbroker shall be deemed to be the representative's principal.
The appeal is filed by-. a) filing a written notice of appeal with the official of the competent court; and. Before his appeal is decided, the appellant has the right to be informed of the reasons for which his application was rejected, for which his license was confirmed or revoked, or for which conditions were imposed or modified on his license. 3) (a) In accordance with the Misdemeanor Courts Act of 1921-1982, rules of court may be adopted in connection with the establishment, management and handling of appeals in the Magistrate's Court in accordance with the provisions of this section.
Until those rules are made or insofar as those rules do not extend-. i) the procedure for obtaining subpoenas to witnesses required to attend on such appeal shall, subject to all such modifications and adaptations as are necessary to give effect and effect to this section, be the procedure prescribed by the Rules of Court made under the Magistrates' Court Act as if that appeal were a proceeding in terms of the latter rules of court;. ii) An assisted Magistrate may, in any particular case, give such directions as he thinks fit, including directions in relation to the procuring of summonses where the procedure under sub-paragraph {i) is not excessive or inappropriate, and such directions shall, according to their tenor, the force and effect of Court Rules made for the purposes of the appeal. A person who has properly appealed against- (a) the refusal to renew his licence; or (b) the revocation of his licence. shall be entitled to continue business in all respects as if his license had been renewed or not withdrawn pending the decision of the appeal. Legal liability shall not attach to the Crown, the Minister, any authorized officer or any police officer for anything done for the purposes of this Act or done in good faith and purporting to be done for the purposes of this Act: .
Provided always that such act or omission of a police officer shall be in accordance with the provisions of the Police Act 1937-1980 and such police officer shall be liable for. Notwithstanding the fact that an article is not found in or on licensed premises, a pawnbroker is deemed to be in possession of the article if:. a) it is found in a house, shop, room or premises occupied by him; or. (b) it has been transferred to another place without having been sold or repurchased from him in good faith. In proceedings under this law-. (a) it shall not be necessary to prove the appointment of the Minister, the Commissioner, an authorized officer or a police officer to do any act or undertake any proceeding;
Section 28A of the Acts Interpretation Act (filing of regulations) applies in relation to orders in council made for the purposes of this Act as if they were regulations. The Governor in Council may make regulations, not inconsistent with this Act, for or in relation to-. a) keeping any books or registers, cards or things that may be required for the purposes of this Act;.
INDEX
THE PAWNBROKERS ACT 1984-1985
