Page 1311 - Week 05 - Thursday, 26 April 1990

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Territory without undertaking any reform of their provisions.

One of the first New South Wales Acts which was consolidated was the Pawnbrokers Act 1902. The Pawnbrokers Act 1902 regulates the trade and business of pawnbroking by requiring pawnbrokers to be licensed, records to be kept of pledged articles and the interest of owners of articles pledged to be protected.

At the time the New South Wales Acts were consolidated, which was prior to self-government, the Senate Standing Committee on Regulations and Ordinances, which then reviewed ACT legislation, expressed concern about provisions which contained inappropriately defined offences and created strict liability offences. An undertaking was given to implement such legislative changes as were necessary to overcome the committee's concerns. The Bill will bring the legislation into line with current attitudes to statute law as it affects individual rights and liberties. I present the explanatory memorandum to the Bill.

Debate (on motion by Ms Follett) adjourned.

SECOND-HAND DEALERS AND COLLECTORS (AMENDMENT) BILL 1990

MR COLLAERY (Attorney-General) (11.26): I present the Second-hand Dealers and Collectors (Amendment) Bill 1990. I move:

That this Bill be agreed to in principle.

Another of the New South Wales Acts to which I referred in my presentation of the Pawnbrokers (Amendment) Bill 1990 was the Second-hand Dealers and Collectors Act 1906. The Second-hand Dealers and Collectors Act 1906 regulates the trade and business of second-hand dealing and collecting of old wares by requiring dealers and collectors to be licensed. The Senate Standing Committee on Regulations and Ordinances expressed concern about provisions in the Second-hand Dealers and Collectors Act 1906 which contain strict liability offences, powers of arrest without warrant and reversals of the onus of proof.

An undertaking was given to implement such legislative changes as were necessary to overcome the committee's concerns. The Bill will bring the legislation into line with current attitudes to statute law as it affects individual rights and liberties. I present the explanatory memorandum to the Bill.

Debate (on motion by Ms Follett) adjourned.


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