Second-hand Dealers Regulation 2002

This regulation is the Second-hand Dealers Regulation 2002.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation or in other legislation.

For example, the signpost definition ‘credit card—see the Australian Consumer Law (ACT), section 2 (1).’ means that the term ‘credit card’ is defined in that law and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Goods of the kinds mentioned in schedule 1 are second-hand goods.

However, goods are not second-hand goods if they are taken as a trade-in by a person (other than a licensed second-hand dealer) as part of the sale of goods that are not second-hand goods.

In this regulation:

photo identification document, for a person, means any of the following kinds of documents issued to the person if the document contains a recent photograph of the person and shows the particulars mentioned in schedule 2, part 2.1, column 3 for the document:

a current Australian driver licence;

a current external driver licence written in English;

a current external driver licence not written in English together with–

an international driving permit; or

an official English translation of the licence;

a current passport written in English;

a current passport not written in English together with an English translation of the passport;

a current proof of identity card;

a current Australian student identification card.

In this regulation:

non-photo identification document, for a person, means any of the following documents if the document shows the particulars mentioned in schedule 2, part 2.2, column 3 for the document:

the person’s birth certificate;

the person’s citizenship certificate;

an extract from the electoral roll;

a record about land titles;

a current entitlement card;

a current credit or debit card issued to the person;

a document issued by a financial institution;

a service bill;

a document issued by the Territory.

This section applies if a licensed second-hand dealer buys, or receives in another way, second-hand goods from a person other than an exempt entity.

The dealer must make a record of the following:

the date and time when the dealer bought or received the goods from the person;

a description of the goods, including colour, any brand name, serial number or other identifiable number and any hallmark, inscription or engraving on the goods;

the person’s verified full name;

the person’s home address, home telephone number and date of birth;

for at least—

1 photo identification document for the person—the kind of document and the required particulars; or

3 non-photo identification documents for the person, 1 of which must show the person’s home address—

the required particulars; and

for a birth certificate, citizenship certificate or extract from the electoral roll—the kind of document;

if the goods were bought by the dealer—the amount paid to the person;

if the goods were received in another way by the dealer—the consideration given to the person for the goods;

the stock number given to the goods by the dealer.

For subsection (2) (c), the person’s name is verified only if the person shows the dealer—

at least 1 photo identification document for the person; or

at least 3 non-photo identification documents that each show the person’s name and the name is the same on each document.

This section applies if—

a licensed second-hand dealer—

sells second-hand goods to a person; or

disposes of second-hand goods in another way to a person; or

disposes of second-hand goods other than to a person; and

the value of the second-hand goods is more than $50.

The dealer must make a record of the following:

the date and time when the dealer sold or disposed of the goods;

the person’s full name and home address or, if the goods were disposed of other than to a person, details of how the goods were disposed of;

the stock number given to the goods by the dealer.

This section applies if—

a licensed second-hand dealer buys second-hand goods from an exempt entity; and

the dealer buys the goods for the purpose of selling, or disposing of, them to someone else.

The dealer must make a record of the following:

the date and time when, and place where, the dealer bought the goods;

a description of the goods, including colour, any brand name, serial number or other identifiable number and any hallmark, inscription or engraving on the goods;

the amount paid for the goods;

the stock number given to the goods by the dealer.

If the goods are sold or disposed of to someone else, the dealer must make a record of the following if the value of the goods is more than $50:

the date and time that the dealer sold or disposed of the goods;

the other person’s full name and home address;

the stock number given to the goods by the dealer.

A licensed second-hand dealer must keep records mentioned in section 8, section 9 or section 10 in such a way that transactions may be identified on both the basis of the date of the transaction and the kind of goods.

The chief police officer may issue directions to licensed second-hand dealers about the keeping of records.

A direction is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The chief police officer must give additional public notice of a direction under subsection (3).

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

Subsections (3) and (4) do not apply if the direction is addressed only to a licensed second-hand dealer named in the direction.

Note A direction addressed to a licensed second-hand dealer named in the direction must be given to the dealer in accordance with the Legislation Act, pt 19.5 (Service of documents).

The chief police officer may issue directions to licensed second-hand dealers about the records that must be given and the giving of those records to the police.

A direction is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The chief police officer must give additional public notice of a direction under subsection (2).

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

Subsections (2) and (3) do not apply if the direction is addressed only to a licensed second-hand dealer named in the direction.

Note A direction addressed to a licensed second-hand dealer named in the direction must be given to the dealer in accordance with the Legislation Act, pt 19.5 (Service of documents).

Schedule 1 Goods that are second-hand goods

(see s 5)

Schedule 2 Photo and non-photo identification documents

(see s 6 and s 7)

Part 2.1 Photo identification documents

Part 2.2 Non-photo identification documents

Dictionary

(see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

 Australian Consumer Law (ACT)

• Australian driver licence

• authorised deposit-taking entity

• body

• chief police officer

• entity

 home address

• registrar-general.

Note 3 Terms used in this regulation have the same meaning that they have in the Second-hand Dealers Act 1906 (see Legislation Act, s 148.) For example, the following terms are defined in the Second-hand Dealers Act 1906, dict:

 licensed

 second-hand dealer.

Australian student identification card means a card issued to a person who is a student at an Australian secondary or tertiary education institution to identify the person as a student at the institution.

birth certificate, for a person, means the person’s birth certificate, or a certified extract from the register about the person’s birth, under the Births, Deaths and Marriages Registration Act 1997 or a corresponding law of a State, an external Territory or New Zealand.

citizenship certificate, for a person, means a certificate, declaration, notice or other instrument of the person’s nationality under the Australian Citizenship Act 2007 (Cwlth) or the Australian Citizenship Act 1948 (Cwlth) (repealed).

credit card—see the Australian Consumer Law (ACT), section 2 (1).

debit card—see the Australian Consumer Law (ACT), section 2 (1).

document issued by a financial institution, for a person, means a document issued to the person by a financial institution from its records about the person’s account with the institution.

document issued by the Territory, for a person, means a document issued to the person by the Territory from its records.

entitlement card, for a person, means a card issued to the person by the Commonwealth, a State, an external Territory or New Zealand as evidence of the person’s entitlement to a financial benefit.

exempt entity means an entity exempt under the Traders (Licensing) Act 2016, section 21.

external driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.

extract from the electoral roll, for a person, means an extract about the person made by the Australian Electoral Commission from the electoral roll.

financial institution means—

an authorised deposit-taking institution; or

a credit provider, registered or licensed under the National Consumer Credit Protection Act 2009 (Cwlth) or a corresponding law of an external Territory or New Zealand, that carries on the business of providing home loans.

international driving permit—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

non-photo identification document—see section 7.

official English translation, of a licence—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

photo identification document—see section 6.

proof of identity card means a proof of identity card issued under—

the Liquor Act 2010, section 210 (Proof of identity cards); or

the law of a State, an external territory or New Zealand.

record about land titles, for a person, means a copy of a record issued under a law about land titles relating to the person’s interest in land that is certified by the registrar-general or a corresponding person under a law of a State, an external Territory or New Zealand.

required particulars—

for a photo identification document—the particulars mentioned in schedule 2, part 2.1, column 3 for the document; or

for a non-photo identification document—the particulars mentioned in schedule 2, part 2.2, column 3 for the document.

service bill, for a person, means a bill issued to the person in relation to an electricity, gas, water or sewerage service, telephone service or internet service.

date of issue

5

entitlement card

issuing jurisdiction; and

type of card; and

Example of type of card

age pension card

customer reference number

6

credit or debit card

name of the issuer of the card; and

type of card

Example

ABC Bank, visa card

7

document issued by a financial institution

name of the financial institution; and

type of account; and

Examples