NCAT can resolve disputes about stolen goods claimed to be in possession of a pawnbroker or second-hand dealer.
Pawnbrokers and second-hand dealers cases are managed through NCAT's Consumer and Commercial Division.
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.
Download and complete a Pawnbroker and second-hand dealers application form (PDF, 176.3 KB).
You must apply to NCAT within 28 days after the pawnbroker or second-hand dealer was served with the Restoration Notice.
If you apply outside of the time limit, you can request a time extension as part of your application. NCAT will not always agree to a request for a time extension.
Read the hearing preparation checklist to prepare for your hearing.
NCAT can make the following orders under the Pawnbroker and Second-hand Dealers Act 1996.
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.
11 Aug 2023
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