Singapore legislation

Section 84

of Pawnbrokers Act 2015

Section 84

Saving and transitional provisions

(1)

The persons appointed as the Registrar of Pawnbrokers and Assistant Registrars of Pawnbrokers under the repealed Act are deemed to be appointed as the Registrar of Pawnbrokers and Assistant Registrars of Pawnbrokers, respectively, under this Act.

(2)

An offence under the repealed Act may be investigated under the Criminal Procedure Code 2010 and the provisions of this Act.

(3)

Where an article (called in this subsection the pledge) is pawned with a pawnbroker under the repealed Act —

(a)

subject to paragraph (b), the pledge may be redeemed in accordance with sections 17 and 19 of the repealed Act as if those sections had not been repealed;

(b)

the period under section 17 of the repealed Act within which the pledge is redeemable may be extended by agreement in accordance with section 55, and upon the extension of that period, this Act applies to the pledge and to the agreement to extend that period; and

(c)

if the pledge is not redeemed in accordance with sections 17 and 19 of the repealed Act and the period mentioned in paragraph (b) is not extended by agreement in accordance with section 55, the pledge must be disposed of as follows:

(i)

if the pledge is pawned for $50 or less, the pledge must be disposed of in accordance with section 18 of the repealed Act as if that section had not been repealed; or

(ii)

if the pledge is pawned for more than $50 —

(A)

the pledge must be disposed of —

(AA)by sale by an auctioneer in accordance with section 20 of the repealed Act as if that section had not been repealed, if the disposal occurs within the period of 8 months after 1 April 2015; or

(AB)by sale in the manner that the Registrar may specify, if the disposal occurs after the period mentioned in sub‑paragraph (AA);

(B)

where the pledge is sold at a price exceeding the loan and profit secured by the pledge, the surplus must be dealt with —

(BA)in accordance with sections 23 and 24(1), (2), (3), (5) and (6) of the repealed Act as if those provisions had not been repealed; and

(BB)in accordance with sub‑paragraph (C); and

(C)

where a claim is made to the Registrar for any surplus paid to the Accountant‑General under section 24(2) of the repealed Act read with sub‑paragraph (B), the Registrar may, if the Registrar considers the claimant to be entitled to the surplus, order the Accountant‑General to pay the surplus to the claimant.

(4)

Any subsidiary legislation made under the repealed Act and in force immediately before 1 April 2015 continues in force as if made under this Act, so far as the subsidiary legislation is not inconsistent with the provisions of this Act and until the subsidiary legislation is revoked or repealed.

(5)

Any written law or document referring to the repealed Act or any provision of that Act is, as far as may be necessary for preserving its effect, to be construed as referring, or as including a reference to, this Act or the corresponding provision of this Act, as the case may be.[85