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reg 7

Act s. 39 does not apply in some cases (Act s. 4(3))

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7 Act s. 39 does not apply in some cases (Act s. 4(3))

(1)

For the purposes of section 4(3), section 39 does not apply to a second‑hand dealer who enters into a contract under which goods are, or are to be, obtained by the dealer —

(a)

from outside of Western Australia; or

(b)

at an auction within the meaning of the Auction Sales Act 1973 where the auctioneer is acting in accordance with a licence issued under that Act to, or for the benefit of, the auctioneer; or

(c)

from a licensee; or

(d)

from a State agency.

(2)

Nothing in subregulation (1) affects the requirement under section 43(b) for a second‑hand dealer to record the full name and current residential address of the party offering the goods referred to in that subregulation.

(3)

For the purposes of section 4(3), section 39 does not apply to a second‑hand dealer who enters into a contract with a person if the contract is for the sale, by the dealer, of goods to the person.

[Regulation 7 amended: Gazette 28 Jul 2000 p. 4020; SL 2020/248 r. 7.]

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