Transaction records
16 Transaction records
A scrap metal dealer must keep a record, in the approved form and manner, of the following details in respect of each transaction entered into by the dealer for buying scrap metal—
the date of the transaction,
if the scrap metal is sold by an individual (including an individual acting as agent for the seller)—
the name, residential address and date of birth of the individual as shown on the individual’s photo identification (being a document of the kind prescribed by the regulations), and
such other details relating to the identity of the individual as may be required by the regulations,
if the sale is conducted by a corporation—
the name, business address and ABN of the corporation, and
unless subsection (1A) applies, a statement signed by an executive officer of the corporation, or an employee authorised in writing by an executive officer of the corporation, consenting to the sale (a sale consent),
a description of the scrap metal and its quantity or weight (or both if applicable),
if the scrap metal consists of a motor vehicle, the unique identifier of the motor vehicle,
the method of payment.
A record of a sale consent is not required in respect of a sale conducted by a corporation if—
the terms of the sale are within the terms of a statement signed by an executive officer of the corporation, or an employee authorised in writing by an executive officer of the corporation, authorising the corporation to sell scrap metal to the scrap metal dealer, and
the statement was signed no more than 12 months before the date of the sale and has not been withdrawn, and
the scrap metal dealer keeps a record of the statement.
The scrap metal dealer must keep the record—
at a premises at which the dealer carries on the business of dealing in scrap metal, or
if the dealer carries on a business of dealing in scrap metal only from a motor vehicle—in the motor vehicle.
The scrap metal dealer must keep the record for 3 years after the record is made.
A scrap metal dealer must not, in any record required to be kept under this section, make a statement that the dealer knows is false or misleading.
A person must not, in purported compliance with any requirement reasonably made of the person by a scrap metal dealer for the purposes of the dealer’s compliance with this section, furnish information or make any statement knowing that it is false or misleading.
Maximum penalty—50 penalty units.
This provision refers to the regulations (prescribed by the regulations
, the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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