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Pawnbrokers and second-hand dealers 

NCAT can resolve disputes about stolen goods claimed to be in possession of a pawnbroker or second-hand dealer.

Reporting of stolen goods

When a person claims that stolen goods belonging to them are in a pawnbroker or second-hand dealer’s shop, they must first report the theft to the Police and provide evidence of ownership.  

The Police will then serve the pawnbroker with a Restoration Notice. After being served the notice, the pawnbroker has 28 days to either return the goods to the claimant or apply to NCAT to resolve the dispute.

How to apply to NCAT

You must apply to NCAT within 28 days after being served the Restoration Notice. 

Complete the application form and lodge with the application fee at your nearest NCAT Registry. View the current fees and charges.

PDF icon  Download a Pawnbroker and Second-hand dealers Application Form [PDF, 224kB]

Attach a copy of the Restoration Notice to the application form.

After lodging your application you can expect a hearing within 6 weeks.

What orders can NCAT make?

NCAT can make the following orders under the Pawnbroker and Second-hand Dealers Act 1996:

  • That the stolen goods are returned to the rightful owner
  • That the goods remain with the pawnbroker or second-hand dealer
  • An order for money to be paid to the pawnbroker or second-hand dealer
  • An order for money to be paid to the rightful owner
  • Any other order with respect to the goods that NCAT thinks fit.

The goods must ​​​be kept, unaltered, by the licensee until the matter is resolved. If there are criminal proceedings in the relation to the goods, the NCAT proceedings will be suspended until the criminal proceedings are concluded.

 

 

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