85. Summary orders where goods stolen, pawned etc.

    (1) If a person has reason to suspect that goods

    (a) have been stolen or unlawfully obtained from the owner of the goods or have been pawned, sold or exchanged without the owner's authority; and

    (b) are in the possession of a pawnbroker or second-hand dealer,

    the person may apply to the Magistrates Court, without notice to the pawnbroker or dealer, for an order that the pawnbroker or dealer appear before the court and produce the goods to the court.

    (1a) On such an application, the Magistrates Court may make such order as it thinks fit and may issue a warrant to have the pawnbroker or dealer brought before the court.

    (2) On the appearance of the pawnbroker or dealer, or in default of appearance, the Magistrates Court may make an order for

    (a) the delivery of the goods to the owner of the goods; and

    (b) the payment by or to the pawnbroker or second-hand dealer of an amount of money as determined by the court,

    at or by the time stated in the order.

    (3) Where a pawnbroker or second-hand dealer

    (a) has disposed of goods after notice that the goods were stolen or unlawfully obtained; or

    (b) refuses or fails to deliver goods in accordance with an order of the Magistrates Court,

    the Magistrates Court may order that the pawnbroker or dealer pay to the owner of the goods an amount determined by the court as compensation for the value of the goods.

    [Section 85 amended by No. 59 of 2004 s. 141.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.