Secondhand Dealers and Pawnbrokers Bill

There are two amendments that I would like to talk about, but, firstly, I thank the Law and Order Committee for doing an excellent job. It worked very well and strengthened the bill.

Mr Ryall’s amendment would add a new paragraph (c) to clause 54(2). I can sympathise with the intention of the amendment, but I am inclined to be against it, because it does not help the transparency of the process. It states that the pawnbroker may sell the goods in any other way that can be reasonably shown to achieve a realistic price for the goods. We believe that it is important that the process be transparent and that there is opportunity to test the market as to the real value of the goods. Clause 54(2) provides that the pawnbroker must at least put the goods to auction once. It is a public auction, so there is an opportunity to test the market value of the goods. If Mr Ryall’s amendment goes through, then we will subvert the transparency of the process, and there will not be the ability to test the market value of those goods. So I am disinclined to support that amendment.

Supplementary Order Paper 236, in the name of Marc Alexander, makes a number of amendments. I am not particularly inclined to support his amendments, because they seem to shift the balance, which I think is what the member intends to do. But the select committee has come back with recommendations about how much should be paid—how much should be lost between the pawnbroker and the person who seeks to pawn the goods. His amendments seek to shift the balance backwards in favour of the pawnbroker. I am very much inclined to stick with the select committee’s recommendation, and, as far as I am concerned, the original percentage should stand.

The question was put that the amendment set out on Supplementary Order Paper 236 in the name of Marc Alexander to clause 44A be agreed to.

The next amendment to clause 54 set out on Supplementary Order Paper 236, in the name of Marc Alexander, is to omit and substitute subclause (4). This amendment is out of order as it is the same in substance as that of the Hon Tony Ryall, which has already been decided.

The question was put that the amendment set out on Supplementary Order Paper 236 in the name of Marc Alexander to clause 55(2) be agreed to.

Amendment not agreed to.

The question was put that the amendment set out on Supplementary Order Paper 236 in the name of Marc Alexander to clause 55(3) be agreed to.

Amendment not agreed to.

The question was put that the amendment set out on Supplementary Order Paper 236 in the name of Marc Alexander to clause 55(4) be agreed to.

Amendment not agreed to.

The question was put that the amendment set out on Supplementary Order Paper 236 in the name of Marc Alexander to clause 56 be agreed to.

Amendment not agreed to.

The question was put that the amendments set out on Supplementary Order Papers 225 and 235 in the name of the Hon Phil Goff be agreed to.

Amendments agreed to, and clauses 1 to 78, and schedules 1 to 3 as amended agreed to.

Bill reported with amendment.

Third Reading