Second-hand Dealers and/or Pawnbrokers Licence - Queensland

Service summary

SECOND-HAND DEALER

You require this licence to carry on the business of dealing in second hand property or to be a market operator.

PAWNBROKER:

You require this licence to carry on business of advancing upon interest or in expectation of profit or reward, a sum of money on the principal security or collateral security of an article taken as a pawn.

You do not require a licence in the following circumstances:

  • to act as an auctioneer as defined in the Property Agents and Motor Dealers Act 2000;
  • to act as a motor dealer/motor salesman as defined in the Property Agents and Motor Dealers Act 2000;
  • if you are a dealer as defined in the Weapons Act 1990;
  • if you deal in second-hand property as part of a business that involves acquiring property and hiring the property to others;
  • if you deal in second-hand property for a charity registered under the Collections Act 1966;
  • if you are a charity, religious denomination or an organization formed for a community purpose within the meaning of the Collections Act 1966; (as the client, you are to determine whether you fall into this category)
  • if you are a local government;
  • if you are an authorised deposit taking institution under the Banking Act 1959 (Commonwealth);
  • if you are a company registered under the Life Insurance Act 1995 (Commonwealth);
  • if you are a trustee company under the Trustee Companies Act 1968;
  • if you are 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.
  • if you are a broker, commission agent or merchant.

Charities claiming exemption must have proof of registration as a charity under the Collections Act 1966.

Applicants with prior offences should note that if the offence is a disqualifying offence, a licence cannot be issued to them.

State Government, as well as some local councils, regulate this activity. If you have not received local council information please contact your council for further advice.

 

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Definition of terms

Associate

a person who is not the applicant or a licensee but is, or would be, if the licence were granted, renewed or restored, in effective control of the applicant's or licensee's place of business. Effective control means a person who is regularly or usually in charge of the business; regularly directs staff of the business in their duties; is in a position to control or influence the business in a substantial way.

Associates are required to be listed on applications and are required to provide proof of birth documents.

Dealing

in property, includes acquiring, disposing of, exchanging and selling property, and includes dealing on commission.

Disqualifying offence

means: (1) an offence committed in Australia involving fraud or dishonesty that is punishable by 3 months or more; or (2) an offence against a provision of the Criminal Code mentioned in Schedule 1 of the Act; (3) an offence against a provision of a law of another state, or of the Commonwealth that provides for the same matter as a law mentioned in paragraph (2).

Effective control

a person who is: regularly or usually in charge of the business; regularly directing staff of the business in their duties; in a position to control or influence the business in a substantial way.

Location

means a place, other than premises, where a licensee may carry on business under a licence and includes an antique fair, antique market, flea market or trash and treasure market.

Market operator

a person who carries on business of conducting a trash and treasure market, or a flea market; or an antique market; or an antique fair.

Pawnbroker

a person who carries on business by advancing, upon interest or in expectation of profit or reward, a sum of money on the principal security or collateral security of an article taken by that person as a pawn.

Premises

a building or structure or part of a building or structure where a licensee carries on the licensee's business, other than on a casual basis.

Second-hand dealer

A person who carries on business of dealing in second hand property or who is a market operator.

Second-hand property

means personal property that has been used, including second hand vessels or outboard motors and scrap metal sold direct to the public; and not including:

  • newspapers
  • books
  • pamphlets, periodicals or other printed publications;
  • collector cards, e.g. baseball and football cards;
  • stamps or coins;
  • property returned for refund or exchange by a person who purchased it as new property;
  • motor vehicle batteries;
  • used tyres.

Eligibility requirements


There are no experience or educational requirements, however, you, as the applicant, and the associate, must:

  • have attained at least 18 years of age; and
  • not be an insolvent under administration; and
  • not have been convicted of a disqualifying offence within the last 5 years; and
  • not be a corporation that is an externally administered body corporate.

Transferability

You cannot transfer this licence.

Duration

This licence will remain in effect for 12 months OR 3 years. You will be issued with a renewal notice annually OR every 3 years approximately 6 weeks before the expiry date.

Fees

TypeAmountDescription
Application$38.80

Criminal history check

Application$1,669.00

3 years Second Hand Dealer or Pawnbroker or Both

Application$730.50

1 year Second Hand Dealer or Pawnbroker or Both

Application

Submit an 'Application for Second-Hand Dealers and/or Pawnbrokers Licence' (Form 1), along with the following document/s,

  • an original copy of a birth certificate/extract, drivers licence or passport; or
  • a photocopy certified by a Justice of the Peace or a Commissioner for Declarations as a true copy. Proof of identity can be certified by a Justice of the Peace, Commissioner for Declarations, barrister/solicitor or notary public.

If you are notifying under the Mutual Recognition Act 1992 submit a, 'Notice for Registration of Equivalent Occupation'.

To apply under the Mutual Recognition Act 1992, you must be authorised to practice an occupation equivalent to the Queensland occupation (covered by this licence) in a participating State or Territory under the Act.


Additional information

Applicants must undergo a criminal history check to confirm their suitability. The criminal history check applies to each person who appears on the application form. The fee applies to all applications and renewal notices.

Second-Hand dealers must keep a Transactions register in the prescribed form. (A sample register is available from the Office of Fair Trading website www.fairtrading.qld.gov.au)

Pawnbrokers must keep a property register in the prescribed form. (A sample register is available from the Office of Fair Trading website www.fairtrading.qld.gov.au)

If you wish to add new authorised place/s, discontinue previously authorised place/s or add new associates you need to submit an 'Application for Approval of an Authorised Place/New Associated Person (Form 4)', along with appropriate fee and documentation, to the Department.

People who sell second hand motorised wheelchairs require this licence.

Forms and further information are available on www.fairtrading.qld.gov.au

Administering agency

Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit

Act(s) name

Second-hand Dealers and Pawnbrokers Act 2003 (Queensland)

Regulation(s) name

Second-hand Dealers and Pawnbrokers Regulation 2004 (Queensland)

Contact details

Queensland Government Service Centre
Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit


Operating address:
Upper Plaza Terrace
33 Charlotte Street
Brisbane, Queensland 4000
Mailing address:
GPO Box 3111
Brisbane, Queensland 4001

Phone:

07 3405 0985

Phone:

13 QGOV (13 74 68)

Fax:

07 3008 5933
IndustryLicensing@justice.qld.gov.au

Website:

Office of Fair Trading Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

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