Australian Capital Territory Consolidated Regulations

SECOND-HAND DEALERS REGULATION 2002 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     Australian Consumer Law (ACT)

              •     Australian driver license

              •     authorised deposit-taking entity

              •     body

              •     chief police officer

              •     daily newspaper

              •     entity

              •     home address

              •     registrar-general.

Note 3     Terms used in this regulation have the same meaning that they have in the Second-hand Dealers Act 1906 (see Legislation Act, s 148.) For example, the following terms are defined in the Second-hand Dealers Act 1906, dict:

              •     commissioner

              •     licensed second-hand dealer.

"Australian student identification" card means a card issued to a person who is a student at an Australian secondary or tertiary education institution to identify the person as a student at the institution.

"birth certificate", for a person, means the person's birth certificate, or a certified extract from the register about the person's birth, under the Births, Deaths and Marriages Registration Act 1997 or a corresponding law of a State, an external Territory or New Zealand.

"citizenship certificate", for a person, means the person's citizenship certificate issued under the Australian Citizenship Act 1948 (Cwlth), section 46 (Issue and proof of certificates of Australian citizenship) or a certified copy of the entry in the register about the person under that Act, section 44 (Evidence of entries in register).

"credit card"—see the Australian Consumer Law (ACT), section 2 (1).

"debit card"—see the Australian Consumer Law (ACT), section 2 (1).

"document issued by a financial institution", for a person, means a document issued to the person by a financial institution from its records about the person's account with the institution.

"document issued by the Territory", for a person, means a document issued to the person by the Territory from its records.

"entitlement card", for a person, means a card issued to the person by the Commonwealth, a State, an external Territory or New Zealand as evidence of the person's entitlement to a financial benefit.

"exempt entity" means an entity—

        (a)     exempted under section 5A; or

        (b)     exempted by the commissioner under the Act, section 4 (3).

"external driver licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.

extract from the electoral roll, for a person, means an extract about the person made by the Australian Electoral Office from the electoral roll.

"financial institution" means—

        (a)     an authorised deposit-taking institution; or

        (b)     a credit provider, registered or licensed under the National Consumer Credit Protection Act 2009 (Cwlth) or a corresponding law of an external Territory or New Zealand, that carries on the business of providing home loans.

"international driving permit"—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

"non-photo identification document"—see section 7.

"official English translation", of a licence—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.

"photo identification document"—see section 6.

"proof of age card" means a proof of age card issued under—

        (a)     the Liquor Act 2010, section 210 (Proof of age cards); or

        (b)     the law of a state, an external territory or New Zealand.

"record about land titles", for a person, means a copy of a record issued under a law about land titles relating to the person's interest in land that is certified by the registrar-general or a corresponding person under a law of a State, an external Territory or New Zealand.

"required particulars"—

        (a)     for a photo identification document—the particulars mentioned in schedule 2, part 2.1, column 3 for the document; or

        (b)     for a non-photo identification document—the particulars mentioned in schedule 2, part 2.2, column 3 for the document.

"service bill, "for a person, means a bill issued to the person for the use of a utility service, telephone service or internet service.

"utility service"—see the Utilities Act 2000, dictionary.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This regulation was originally the Second-hand Dealers Regulations 2002. It was renamed under the Legislation Act 2001.

Second-hand Dealers Regulation 2002 SL No 8

notified LR 15 April 2002

s 1, s 2 commenced 15 April 2002 (LA s 75)

remainder commenced 16 April 2002 (s 2)

as amended by

Justice and Community Safety Legislation Amendment Act 2002 A2002-27pt 15

notified LR 9 September 2002

s 1, s 2 commenced 9 September 2002 (LA s 75)

pt 15 commenced 7 October 2002 (s 2 (2))

Justice and Community Safety Legislation Amendment Act 2003 (No 2) A2003-47 pt 11

notified LR 31 October 2003

s 1, s 2 commenced 31 October 2003 (LA s 75 (1))

pt 11 commenced 1 November 2003 (s 2)

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.68

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

sch 3 pt 3.68 commenced 22 September 2009 (s 2)

Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.69

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.69 commenced 17 December 2009 (s 2)

Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 1 pt 1.11

notified LR 5 October 2010

s 1, s 2 commenced 5 October 2010 (LA s 75 (1))

s 3, sch 1 pt 1.11 commenced 6 October 2010 (s 2 (1))

Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.20

notified LR 8 November 2010

s 1, s 2 commenced 8 November 2010 (LA s 75 (1))

sch 1 pt 1.20 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14)

Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010-54 sch 3 pt 3.23

notified LR 16 December 2010

s 1, s 2 commenced 16 December 2010 (LA s 75 (1))

sch 3 pt 3.23 commenced 1 January 2011 (s 2 (1))

4     Amendment history

Name of regulation
s 1     am R5 LA

Commencement
s 2     om LA s 89 (4)

Dictionary
s 3     am A2010-54 amdt 3.54

Kinds of second-hand goods—Act, dict, def of second-hand goods
s 5     am Act 2002 No 27 s 70

Exempt entities—Act, s 4 (2)
s 5A     ins Act 2002 No 27 s 71
    am A2003-47 s 38

Requirement for displayed lettering—Act, s 5
s 5B     ins A2003-47 s 39

Making records about goods bought or received—Act, s 6 (1)
s 8     am Act 2002 No 27 s 72

Making records about goods sold or disposed of—Act, s 6 (1)
s 9     am Act 2002 No 27 s 73

Making records—goods bought from exempt entities—Act, s 6 (1)
s 10 hdg     sub Act 2002 No 27 s 74
s 10     am Act 2002 No 27 s 75

Keeping records—Act, s 6 (2)
s 11     am A2009-20 amdt 3.193

Giving records to the police—Act, s 6 (3)
s 12     am A2009-20 amdt 3.193

Transitional—records
s 13     exp 1 July 2002 (s 13 (5))

Photo and non-photo identification documents
sch 2     am A2009-49 amdt 3.180

Dictionary
dict     am A2009-20 amdt 3.194; A2009-49 amdt 3.181; A2010-54 amdt 3.55
    def credit card sub A2010-54 amdt 3.56
    def debit card sub A2010-54 amdt 3.56
    def exempt entity ins Act 2002 No 27 s 76
    sub A2003-47 s 40
    def financial institution am A2010-40 amdt 1.34
    def proof of age card sub A2010-43 amdt 1.67

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	not amended	17 April 2002
2	not amended	3 October 2002
3	A2002-27	7 October 2002
4	A2003-47	1 November 2003
5	A2003-47	1 November 2004
6	A2009-20	22 September 2009
7	A2009-49	17 December 2009
8	A2010-40	6 October 2010
9	A2010-43	1 December 2010

© Australian Capital Territory 2011

Australian Capital Territory

SL2002-8

Republication No 10

Effective: 1 January 2011

Republication date: 1 January 2011

Last amendment made by A2010-54




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Second-hand Dealers Regulation 2002

, made under the Second-hand Dealers Act 1906

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2011

. It also includes any amendment, repeal or expiry affecting the republished law to 1 January 2011

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Second-hand Dealers Regulation 2002

Endnotes

Australian Capital Territory

Second-hand Dealers Regulation 2002