Giving records to the police—Act, s 6 (3)
12 Giving records to the police—Act, s 6 (3)
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)
| column 1 item | column 2 goods |
|---|---|
| 1 | jewellery that includes gemstones or precious metals |
| 2 | gemstones |
| 3 | precious metals |
| 4 | watches |
| 5 | sporting and recreational goods, other than— (a) clothes; or (b) shoes; or (c) goods sold by the Defence Force |
| 6 | bicycles |
| 7 | musical instruments |
| 8 | photographic equipment |
| 9 | tools, including tool kits and portable engine-powered tools, portable motorised tools or portable air-powered tools, other than tools sold by the Defence Force |
| 10 | portable engine-powered, portable motorised or portable air-powered equipment, other than— (a) motorised wheelchairs, wheeled lounges, spinal carriages and other similar goods designed to carry a person with a disability; or (b) goods sold by the Defence Force |
| 11 | electrical or electronic goods, including microwave ovens, compact disc readers, compact disc writers and compact disc rewriters, other than refrigerators, washing machines and other whitegoods |
| 12 | computer hardware |
| 13 | computer software |
| 14 | audio cassettes and records (singles and albums) |
| 15 | video cassettes, floppy disks, compact (laser-read) discs, digital videodiscs and other electronic information storage devices |
| 16 | watercraft |
| 17 | parts of watercraft |
| 18 | car radios, car stereos and car sound equipment |
| 19 | mobile telephones |
| 20 | mobile telephone accessories |
Schedule 2 Photo and non-photo identification documents
(see s 6 and s 7)
Part 2.1 Photo identification documents
| column 1 item | column 2 kind of document | column 3 particulars |
|---|---|---|
| 1 | current Australian driver licence | (a) issuing jurisdiction; and (b) licence number |
| 2 | current external driver licence written in English | (a) issuing jurisdiction; and (b) licence number |
| 3 | current external driver licence not written in English together with— (a) an international driving permit; or (b) an official English translation of the licence | (a) issuing jurisdiction; and (b) licence number; and (c) for the permit— (i) issuing body; and (ii) permit number |
| 4 | current passport written in English | (a) issuing jurisdiction; and (b) passport number |
| 5 | current passport not written in English together with an English translation of the passport | (a) issuing jurisdiction; and (b) passport number |
| 6 | current proof of identity card | (a) issuing jurisdiction; and (b) card number |
| 7 | current Australian student identification card | (a) issuing institution; and (b) the student number shown on the card |
Part 2.2 Non-photo identification documents
| column 1 item | column 2 kind of document | column 3 particulars |
|---|---|---|
| 1 | birth certificate | (a) issuing jurisdiction; and (b) registration number; and (c) date of issue |
| 2 | citizenship certificate | (a) certificate number (if any); and (b) date of issue |
| 3 | extract from the electoral roll | date of issue |
| 4 | record about land titles | (a) issuing jurisdiction; and (b) type of document; and Examples of type of document 1 mortgage 2 certificate of title (c) date of issue |
| 5 | entitlement card | (a) issuing jurisdiction; and (b) type of card; and Example of type of card age pension card (c) customer reference number |
| 6 | credit or debit card | (a) name of the issuer of the card; and (b) type of card Example ABC Bank, visa card |
| 7 | document issued by a financial institution | (a) name of the financial institution; and (b) type of account; and Examples 1 Cheap Home Loans, mortgage account 2 XYZ credit union, savings account (c) date of issue |
| 8 | service bill | (a) name of the biller; and (b) type of service; and Example ABC Energy, electricity bill (c) date of issue |
| 9 | document issued by the Territory | (a) name of the Territory entity that issued the document; and b) type of document; and Examples 1 a rates notice 2 a registration certificate for a dog (c) date of issue |
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.
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