Scrap Metal Industry Act 2016

This Act is the Scrap Metal Industry Act 2016.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

approved means approved by the Commissioner.

buy includes any of the following—

buy under an agreement to sell,

receive under an agreement to sell,

accept under an agreement to sell,

offer to receive or accept under an agreement to sell,

cause or allow to be received or accepted under an agreement to sell.

carrying on a business—see section 4.

closure order means an order made under Division 1 of Part 3.

Commissioner means the Commissioner of Police.

contraventions register, for Part 3, Division 3—see section 24A(1).

dealing in includes buying, receiving and obtaining.

manager of a scrap metal yard means the individual who has responsibility for the day-to-day control and management of activities at the scrap metal yard.

motor vehicle means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport Act 2013 and includes the body, engine or chassis of a motor vehicle.

registered—see section 6 (1).

registration information—see section 6 (2).

scrap metal means any object of commercial value that—

is made from or contains metal, and

is sold or obtained as scrap for recycling or reprocessing of the metal,

but does not include an object of a kind prescribed by the regulations.

scrap metal dealer means a person who carries on a business of dealing in scrap metal, whether or not the business is registered under this Act.

scrap metal yard means premises at which scrap metal is received or kept in the course of carrying on a business of dealing in scrap metal.

sell includes any of the following—

sell by wholesale, retail, auction or tender,

barter or exchange,

supply for profit or gain,

offer for sale, receive for sale or expose for sale,

consign or deliver for sale,

have in possession for sale,

cause or allow any of the above to be done.

serious criminal offence means an offence committed in New South Wales that is punishable by imprisonment for 2 years or more or an offence committed elsewhere that, if it had been committed in New South Wales, would be an offence so punishable.

unique identifier, in relation to a motor vehicle, has the same meaning as in section 154E of the Crimes Act 1900.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

In this Act, carrying on a business of dealing in scrap metal—

includes carrying on a business—

in partnership or by an employee, contractor, agent or other person, and

from any location, whether or not a scrap metal yard, including a motor vehicle or residential premises, and

does not include carrying on a business—

as a collection point operator within the meaning of the Waste Avoidance and Resource Recovery Act 2001, Part 5, or

under a licence within the meaning of the Pawnbrokers and Second-hand Dealers Act 1996, to the extent the business involves dealing in gold or silver.

There is a rebuttable presumption that a person who deals in scrap metal on more than the prescribed number of days in a 12-month period is carrying on a business of dealing in scrap metal.

A person must not carry on a business of dealing in scrap metal unless the business is registered.

Maximum penalty—500 penalty units.

A business is registered if—

the scrap metal dealer carrying on the business provides the Commissioner, in the approved form, with the registration information for the business, and

any fee required to be paid under section 7 by the dealer in respect of the business is paid to the Commissioner, and

the Commissioner issues the scrap metal dealer with a certificate of registration under section 9.

The registration information for a business comprises the following—

the name of the business and the name of the scrap metal dealer carrying on the business if the dealer’s name is different from the business name,

the dealer’s ABN,

if the dealer carries on the business from a scrap metal yard—the address of the scrap metal yard,

if the dealer carries on the business from—

premises other than a scrap metal yard—the address of the premises, and

a motor vehicle—the registration number of the vehicle,

if the business is carried on by a corporation—

the corporation’s business address if different from the address of any scrap metal yard used by the dealer, and

the name of the manager of each scrap metal yard used by the dealer,

whether the scrap metal dealer holds a licence within the meaning of one or both of—

the Motor Dealers and Repairers Act 2013, or

the Tow Truck Industry Act 1998,

if an approval is required by another Act or law to use premises specified in paragraph (c) as a scrap metal yard—information confirming the approval has been obtained,

such other information as may be prescribed by the regulations.

A person carrying on a business of dealing in scrap metal is required to pay a fee prescribed by the regulations—

at the time the registration information for the business is provided under section 6, and

before the end of each period of 3 years following the date on which the certificate of registration was first issued.

A scrap metal dealer must, within 14 days of any change occurring in the registration information for the business carried on by the dealer, notify the Commissioner in the approved form of the change.

Maximum penalty—10 penalty units.

A registered business cannot be transferred to another dealer—

by changing the registration information for the business, or

by another means.

Nothing in subsection (2) stops a person carrying on a business of dealing in scrap metal in a partnership from adding or removing a partner to the business if the ABN for the business remains the same.

The Commissioner must provide a scrap metal dealer who has complied with section 6(1)(a) and (b) with a certificate of registration that includes—

the registration information for the business carried on by the dealer, and

other information required by the regulations.

The Commissioner may issue a replacement certificate of registration if—

the certificate of registration is lost, stolen, damaged or destroyed, or

the registration information for the business changes.

The Commissioner may charge a fee (as determined by the Commissioner) for the issue of a replacement certificate of registration.

The Commissioner is to keep, in the approved form and manner, a register containing the registration information for each registered business.

The Commissioner is to ensure that the register is publicly accessible.

A person must not—

in providing the Commissioner with the registration information for a business, or

in notifying the Commissioner of any change in the registration information for a business,

make or furnish any statement that the person knows is false or misleading.

Maximum penalty—50 penalty units.