Second-hand Dealers and Pawnbrokers Regulations 2006

Second-hand Dealers and Pawnbrokers Regulations 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Second-hand Dealers and Pawnbrokers Act 1994 .

W. J. E. COX

Governor

By His Excellency's Command,

STEVEN KONS

Minister for Justice and Workplace Relations

1.   Short title

These regulations may be cited as the Second-hand Dealers and Pawnbrokers Regulations 2006 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Second-hand Dealers and Pawnbrokers Act 1994 .

4.   Forms

In these regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1 .

5.   Notice of objection

For the purposes of section 4(5) of the Act, the prescribed form for a notice of objection is Form 1.

6.   Records of second-hand or pawned goods

For the purposes of section 10(1) of the Act –

(a) the prescribed value is $50; and

(b) in the case of second-hand goods which are firearms, the prescribed particulars are the particulars required to be contained in a record under section 89 of the Firearms Act 1996 ; and

(c) in any other case, the prescribed particulars are –

(i) the full name and current residential address of the person from whom the goods are bought or received; and

(ii) the identifying number, if any, of the documentary proof of identity of the person from whom the goods are bought or received; and

(iii) the type of the documentary proof of identity of the person from whom the goods are bought or received; and

(iv) the date and time of the transaction; and

(v) a description of each of the goods bought or received by the dealer including, if applicable, the type, size, colour, brand, serial number and any distinguishing feature of the goods; and

(vi) the value of the consideration provided by the dealer for the goods.

7.   Retention of second-hand goods

For the purposes of section 11(3)(b) of the Act –

(a) the prescribed value is $50; and

(b) in the case of second-hand goods which are firearms, the prescribed particulars are the particulars required to be contained in a record under section 89 of the Firearms Act 1996 ; and

(c) in any other case, the prescribed particulars are –

(i) the full name and current residential address of the person receiving the goods; and

(ii) the identifying number, if any, of the documentary proof of identity of the person receiving the goods; and

(iii) the type of the documentary proof of identity of the person receiving the goods; and

(iv) the date and time of the transaction.

8.   Duties of promoters of second-hand goods markets

For the purposes of section 12(1)(a) of the Act, the prescribed records are –

(a) the full name and current residential address of each person selling second-hand goods at a second-hand goods market; and

(b) the identifying number, if any, of the documentary proof of identity of each person selling second-hand goods at a second-hand goods market and that document; and

(c) the type of the documentary proof of identity of each person selling second-hand goods at a second-hand goods market; and

(d) the date on which each person sold goods at the second-hand goods market.

9.   Redemption of pledges

For the purposes of section 14(3) of the Act, the prescribed value is $100.

10.   Sale of forfeited goods

For the purposes of section 14(3)(c) of the Act, the prescribed form for a record of sale is Form 2.

11.   Payment of balance of proceeds of sale

For the purposes of section 14(5)(b) of the Act, the prescribed period is 6 months commencing on the day on which the pawned goods were sold under section 14(3) of the Act.

12.   Dealings in suspected stolen goods

For the purposes of section 16(2)(a) of the Act, the prescribed form for a notice relating to suspected stolen goods is Form 3.

SCHEDULE 1 - Forms

Regulation 4

Form 1

Form 2

Form 3

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 May 2006

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) prescribe certain matters in relation to the records to be kept with respect to second-hand or pawned goods and persons selling second-hand goods at a second-hand goods market; and

(b) prescribe certain matters in relation to the redemption of goods taken in pawn; and

(c) prescribe certain forms for the purposes of the Second-hand Dealers and Pawnbrokers Act 1994 ; and

(d) are made consequentially on the repeal of the Second-hand Dealers and Pawnbrokers Regulations 1996 under section 11 of the Subordinate Legislation Act 1992 .