Scrap Metal Industry Regulation 2024

This regulation is the Scrap Metal Industry Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Scrap Metal Industry Regulation 2016, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

Australian driver licence has the same meaning as in the Road Transport Act 2013.

foreign driver licence has the same meaning as in the Road Transport Act 2013.

officer has the same meaning as in the Corporations Act 2001 of the Commonwealth.

Photo Card has the same meaning as in the Photo Card Act 2005.

the Act means the Scrap Metal Industry Act 2016.

Note—

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

For the Act, section 4A, the prescribed number of days is 6 days.

For the Act, section 6(2), definition of registration information, paragraph (e), the following are prescribed—

if the business is carried on by an individual or in partnership—

the primary identity information for the individual or each individual in the partnership, and

certified copies of 2 identity documents for the individual or each individual in the partnership, and

the primary identity information for the manager of each scrap metal yard used by the dealer, and

certified copies of 2 identity documents for the manager of each scrap metal yard used by the dealer,

if the business is carried on by a corporation—

the primary identity information for each officer of the corporation, and

certified copies of 2 identity documents for each officer of the corporation, and

the date and place of birth of the manager of each scrap metal yard used by the dealer, and

certified copies of 2 identity documents for the manager of each scrap metal yard used by the dealer,

For subsection (1), an individual—

must rely on at least 1 identity document that contains the individual’s photograph, and

must not rely on an identity document that—

has expired, other than an Australian passport that has been expired for less than 2 years, or

has been cancelled.

In this section—

identity document means any of the following documents—

a birth certificate issued by a State or Territory,

a citizenship certificate issued by the Commonwealth,

an Australian driver licence,

a passport issued by the Commonwealth that is current or has been expired for less than 2 years,

a passport issued by a foreign government that contains—

the name, date of birth and photograph of the person in whose name the document is issued, and

the person’s passport number, country of issue, and date of expiry,

a Photo Card,

a proof of age card, however described, issued by a public authority of the Commonwealth or another State or Territory for the purpose of attesting to an individual’s identity and age,

a marriage certificate issued by a State or Territory,

the following issued by the Commonwealth—

a health care card,

Examples—

a Health Care Card, a Commonwealth Seniors Health Card, an Ex-Carer Allowance (Child) Health Care Card, a Foster Child Health Care Card or a Low Income Health Care Card

a Medicare Card,

a pensioner concession card,

a certificate of registration by descent,

a document that can be used as evidence of immigration status,

Example—

an ImmiCard

a veteran card,

Examples—

a Veteran Gold Card, a Veteran White Card or a Veteran Orange Card

an aviation security identification card,

a maritime security identification card.

place of birth, of a person, means—

if the person was born in Australia—the State or Territory, and the suburb or town, in which the person was born, or

if the person was born in a country outside Australia—the person’s country of birth.

primary identity information, for a person, means—

the person’s name, and any previous names of the person, and

the person’s date and place of birth.

For the Act, section 7, the prescribed fee is $260.

For the Act, section 9(1), the following particulars are prescribed—

the registration number allocated to the certificate of registration,

the date of registration.

Registration information other than the registration information under the Act, section 6(2)(a)–(d) is exempt from the requirement under the Act, section 9(1)(a).

For the Act, section 11A(1), the prescribed circumstances are that—

the scrap metal dealer has committed a relevant offence, or

the Commissioner believes on reasonable grounds that the scrap metal dealer is likely to commit a relevant offence, or

if the scrap metal dealer is a corporation—

an officer of the corporation has committed a relevant offence, or

the Commissioner believes on reasonable grounds that an officer of the corporation is likely to commit a relevant offence.

In this section—

relevant offence means an offence against the Act or this regulation.

For the Act, section 16(1)(b)(i), the following are prescribed—

an Australian driver licence,

a foreign driver licence that—

is written in English or accompanied by an English translation, and

contains the individual’s date of birth, address and photograph,

a Photo Card,

a proof of age card, however described, issued by a public authority of the Commonwealth or another State or Territory for the purpose of attesting to an individual’s identity and age.

For subsection (1), an individual must not rely on photo identification that—

has expired, or

has been cancelled.

A scrap metal dealer is exempt from the requirement under the Act, section 16(1)(e) if, before the transaction that relates to the vehicle occurred, the vehicle was crushed, cubed or shredded.

A scrap metal dealer must ensure that a copy of the certificate of registration for the business carried on by the dealer is conspicuously displayed in the main office of each scrap metal yard used by the dealer in carrying on the business.

Maximum penalty—10 penalty units.