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WOOL, HIDE AND SKIN DEALERS (AMENDMENT)
BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Wool, wide and Skin Dealers Act 1935 in
order to dispense with the licensing of buyers and sellers of wool, hides and skins. It is
proposed instead to introduce a "negative" licensing system. A person who wishes to
carry on the business of a wool, hide and skin dealer will be required only to give to a
police officer a suitable written notification of intention to do so. The Local Court will
be given a power to prohibit any such person from engaging in that business.
The present maximum penalty for an offence against the Act is $100 or
imprisonment for 12 months. It is proposed to change this to a maximum penalty of 50
penalty units.
The expression "penalty unit" has its basis in section 56 of the Interpretation Act
1987. At present, 1 penalty unit is equivalent to $100.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by the Governor.
Clause 3 amends the Wool, Hide and Skin Dealers Act 1935 as set out in
Schedule 1.
Schedule 1 (1) inserts appropriate definitions, including a definition of "dealer's
notification". A dealer's notification is a written notification to a police officer of
intention to carry on the business of buying and selling of wool, hides and skins.
Schedule 1 (2) provides that a dealer's notification. is to be lodged at the nearest
police station.
Schedule 1 (4) and (5) make consequential amendments.
Schedule 1 (6) enables a Local Court constituted by a Magistrate., on the application
of the Commissioner of Police, to prohibit a dealer from engaging in the business of
buying and selling wool, hides or skins if satisfied as to the grounds on which the
application is made. An appeal to the District Court is provided against any such
prohibition order made by a Local Court.
Schedule 1 (7) revises the provisions relating to the records required to be kept by
dealers, including dispensing with special cart books and with the need for the dealer to
personally sign each entry.
Schedule 1 (7) also inserts provision to enable the Commissioner of Police to require
a dealer to retain for a period of up to 5 days specified lots of wool, hides or skins. The
existing provision for a dealer to retain wool, hides and skins for a mandatory period of
24 hours is being removed.
Schedule 1 (8) amends the present provisions conferring powers of entry on premises
by a police officer by qualifying the powers so that they are in accordance with recent
legislative provisions concerning the exercise of those powers.
Schedule 1 (9)(11) make consequential amendments.
Schedule 1 (12) changes the penalty for offences against the Act from a fine not
exceeding $100 or imprisonment not exceeding 12 months to a fine not exceeding 50
penalty units (currently $5,000).
Schedule 1 (13) enables penalty notices to be issued for certain offences under the
Act. A penalty notice gives a person the option of paying a penalty for an alleged
offence without being required to appear in court.
Schedule 1 (14) and (15) make consequential amendments.
Schedule 1 (16) and (17) authorise the making of regulations of a transitional nature
consequent on the enactment of the proposed Act. The provisions also include
transitional provisions for the procedure to be followed by a presently licensed dealer
following that enactment.