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Part 2Licences and certificates
Certificates: who must hold them

20Offences relating to failure to hold certificate

  1. A person who does not hold a certificate, or who is not regarded (under section 14) as holding a certificate, commits an offence, and is liable on conviction to a fine not exceeding $10,000, if he or she, knowing that he or she does not hold, or is not regarded as holding, a certificate,—

  2. enters into a transaction on behalf of a licensed secondhand dealer, whether or not the person is in fact authorised by the secondhand dealer to do so; or
    1. issues a pledge ticket on behalf of a licensed pawnbroker, whether or not the person is in fact authorised by the pawnbroker to do so; or
      1. manages, supervises, or controls any person who enters into a transaction on behalf of a licensed secondhand dealer or issues a pledge ticket on behalf of a licensed pawnbroker.

        1. It is a defence to a charge under subsection (1)(a) or (b) if the person charged proves that he or she was not, at the relevant time, required to hold a certificate, by virtue of section 19(2).

        2. A licence holder commits an offence, and is liable on conviction to a fine not exceeding $10,000, if, other than in the circumstances described in section 19(2),—

        3. he or she authorises a person to engage in transactions or issue pledge tickets on his or her behalf; and
          1. the person does not have a certificate; and
            1. the licence holder knows, or should know, that the person does not have a certificate.

              Notes
              • Section 20(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 20(3: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).