Second-hand Dealers and Pawnbrokers Act 2003 - Queensland

Service summary

The object of the Act is to:

  • regulate the activities of second hand dealers and pawnbrokers
  • deter crime in the second hand property market, and
  • help protect consumers from purchasing stolen property.

The Act requires second hand dealers and pawnbrokers to be licensed and regulates their activities.

The Office of Fair Trading keeps a public register of occupations regulated under the following acts:

  • Introduction Agents Act 2001
  • Property Agents and Motor Dealers Act 2000
  • Second hand Dealers and Pawnbrokers Act 2003
  • Security Providers Act 1993
  • Tourism Services Act 2003
  • Travel Agents Act 1988.

You can search the register online for free on the Office of Fair Trading website. A printed licence extract can be obtained by contacting the Office of Fair Trading, there is a fee for this service.

The following Subordinate Legislation should be examined:

  • Second hand Dealers and Pawnbrokers Regulation 2004

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

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.

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.

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.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Penalties for breaches of the Act include fines and revocation of licence.

Review or Appeal Mechanisms:

An appeal against an administrative decision relating to a licence may be made to the Magistrates Court.


Administering agency

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

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.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.