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The new law is here.   1 April 2005.

We give you a full overview, tips and direct access to both the Act and the Regulations.

Background to the New Act and Licensing Authority

The passing of the Secondhand Dealers and Pawnbrokers Act 2004 into law in July 2004, with actual effect from 1 April 2005, sees all secondhand dealers and pawnbrokers covered under the one Act.

It also sees the creation of a modified and modern licensing framework, aimed at vetting all involved in the industry.

The Act will place greater emphasis on compliance - which will be undertaken by the Police, with much stronger penalties applying for non-compliance with the Act.

The purposes of the Act are:

  • To make it harder for criminals to dispose of stolen goods through secondhand dealers and pawnbrokers; and
  • To make it easier for the Police to recover stolen goods and solve property crimes; and
  • To repeal and replace the out-dated Secondhand Dealers Act 1963 and Pawnbrokers Act 1908.

Licences and the new Certificates will now be renewed every 5 years. Anyone who, with the authority of a licensee enters into a transaction on their behalf, or manages, supervises or controls someone who does, must now hold a certificate under the 2004 Act.

Under the old licensing regime, licences were effectively for life (or until the holder stopped trading) with no requirement to be renewed and could be applied for at any District Court.

Holders of current licences under the Secondhand Dealers Act 1963 and Pawnbrokers Act 1908, will find that their licences are still valid (described as "transitional licences") as at 1 April and that they are not required to reapply under the new Act for 12 months. Other changes brought about by the new Act include:

  • Dealers will have to sight approved photo ID and record the contact details and signature of everyone selling them goods
  • The schedule of articles (or goods) now covered by the new Act have been modernised to better reflect the type of goods now being regularly traded.

This site provide you with all the law and procedure you need to know.  We cover both being a consumer as well as becoming a Dealer

Your rights as a Consumer.

We give you a direct link to your rights :

 

 

 

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"Membership No 186685
I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.

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A.Marsh
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"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
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"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.

Rina

Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"

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