Legal requirements |
Displaying the licence
Second-hand dealers and pawnbrokers must display signage at their place of business to show they are licensed.
The sign must show the name of the licensee at least 50 mm high, with the words ´licensed dealer in second-hand property´ or ´licensed pawnbroker´ near the name. The name of the associate in charge of the business must also appear at least 50 mm high, with the word ´associate´ near it.
For second-hand dealers
Obligations
As a licensed second-hand dealer trading in Queensland, you have legal obligations.
You must:
- trade only from the places listed on your licence
- tell the police if you acquire goods that may be stolen
- display signage to show you are licensed, which shows the name of the licensee at least 50 mm high, with the words ´licensed dealer in second-hand property´ near the name. The name of the associate in charge of the business must also appear at least 50 mm high, with the word ´associate´ near it
- keep nominated goods for seven working days after you acquire them.
You must not:
- knowingly acquire goods from anyone under 17 years of age, or under the influence of drugs or alcohol
- employ anyone under 17 years of age to acquire second-hand goods
- acquire second-hand goods from anyone´s home on a Sunday, public holiday, or between 6 pm and 7 am (though the dealer can collect goods at these times and on those days if the owner gives permission 24 hours before).
Transactions register
You must create and maintain a register of all your transactions. The transactions register is a record of your transactions of second-hand goods for each place of business.
A transaction happens when you acquire, sell or dispose of second-hand goods:
- with a resale value of at least $55
- that may be jewellery, contain precious metals, or can be identified by make, model, serial number or inscription on the goods.
You must:
- enter each transaction either electronically or in a book immediately before or after the transaction
- correct an entry in the transactions register only by making a new entry
- give register information to the police if asked.
You must not:
- make false or misleading entries in the register
- alter the register by removing an entry or making it illegible
- separate second-hand goods into parts to avoid entering the true details of a transaction.
Reasons for the register
The Queensland police maintain a Stolen Property Identification and Recovery System (SPIRS). They enter transaction register information into the SPIRS database to help locate stolen property.
You can arrange to regularly forward your transaction register to the police, which can:
- reduce the impact of manually providing information to police
- reduce the correspondence required
- increase the amount of stolen property identified
- reduce the time between identifying stolen property and locating offenders, which improves the chances of reimbursing dealers.
For information about the SPIRS database, call the Property Crime Investigation Group on 07 3237 9427 or email spirsadminscoc@police.qld.gov.au.
Register requirements
The Second-hand Dealers and Pawnbroker´s Regulation 2004 outlines what information you need to include in the register.
See the Sample property register for second-hand dealers (PDF, 100 KB), which shows you how to set up your register. As this is not an approved form, your register can look different to this if you include the necessary information.
Register maintenance
If a person offers to sell you some goods, note their information in the register, including:
- their name and address
- proof of their name and address (current drivers licence)
- a statement confirming whether the person owns the goods
- if not the owner, the owner´s name and address
- a statement confirming how the person obtained the goods.
For pawnbrokers
Obligations
As a licensed pawnbroker trading in Queensland, you have legal obligations.
You must:
- trade only from the places listed on your licence
- tell the police if you acquire goods that may be stolen
- display signage to show you are licensed, which shows the name of the licensee at least 50 mm high, which the words ´licensed pawnbroker´ near the name. The name of the associate in charge of the business must also appear at least 50 mm high, with the word ´associate´ near it.
You must not:
- knowingly accept a pawn or pledge from anyone under 17 years of age, or under the influence of drugs or alcohol
- employ anyone under 17 years of age.
Property register
You must create and maintain a register of all your property. The property register is a record of goods you take as a pawn or pledge and how you dispose of them.
You must:
- keep the property register at the place of business
- enter details on the goods you acquire either electronically or in a book
- give register information to the police if asked.
You must not:
- make false or misleading entries in the register
- alter the register or make entries illegible. If you make an incorrect entry, correct it by making a new entry.
Reasons for the register
The Queensland police maintain a Stolen Property Identification and Recovery System (SPIRS). They enter property register information into the SPIRS database to help locate stolen property.
You can arrange to regularly forward your property register to the police, which can:
- reduce the impact of manually providing information to police
- reduce the correspondence required
- increase the amount of stolen property identified
- reduce the time between identifying stolen property and locating offenders, which improves the chances of reimbursing dealers.
For information about the SPIRS database, call the Property Crime Investigation Group on 07 3237 9427 or email spirsadminscoc@police.qld.gov.au.
Register requirements
The Second-hand Dealers and Pawnbroker´s Regulation 2004 outlines what information you need to include in the register.
See Sample property register for pawnbrokers (PDF, 100 KB), which shows you how to set up your register. As this is not an approved form, your register can look different to this if you include the necessary information.
Register maintenance
If a person offers you goods as a pawn or pledge, note their information in the property register, including:
- the entry and pledge number
- current time and date
- description of the goods, including brand name, model and serial number
- details of any engraving, inscription or unique mark on the goods
- amount of money advanced
- interest you will charge
- the redemption period (see below)
- your name
- the person´s name and address
- proof of their name and address (current drivers licence)
- a statement confirming whether the person owns the goods
- if not the owner, the owner´s name and address
- a statement confirming how the person obtained the goods.
Once you take the goods and enter the required details in the property register, give the person a ticket containing:
- the information you entered into the register
- the allotted number
- the name of the licensed pawnbroker.
Redemption period
The redemption period is three months, unless you and the person pawning the goods agree on an alternative period. Record any alternative redemption period in the property register.
You cannot sell or dispose of goods before the redemption period expires.
When the redemption period expires, you can sell the goods at the place they were pawned, or by auction.
To sell the goods by auction, advertise the sale and the goods at least twice in your business´s local newspaper at least four days before the auction date.
Related links |
Last reviewed 03/02/2010 |
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