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SECOND-HAND DEALERS AND PAWNBROKERS REGULATIONS 2013 - REG 4

SECOND-HAND DEALERS AND PAWNBROKERS REGULATIONS 2013 - REG 4

4—Application of Act

        (1)         Sections 8 and  9 of the Act apply only in relation to the following kinds of goods:

            (a)         goods that a dealer receives under a contract of pawn;

            (b)         prescribed goods.

        (2)         Section 10 of the Act applies only in relation to prescribed goods.

        (3)         Section 10(2) of the Act does not apply in relation to—

            (a)         gemstones or precious metals; or

            (b)         items of jewellery that include gemstones or precious metals; or

            (c)         watches.

        (4)         Section 10 of the Act does not apply in relation to second-hand goods that have come into the possession of a second-hand dealer (the "transferee dealer") if—

            (a)         the goods were acquired from another second-hand dealer (the "transferor dealer"); and

            (b)         the transferor dealer retained the goods in accordance with section 10 or, if the goods have been successively acquired by a chain of second-hand dealers, the first in that chain retained the goods in accordance with section 10; and

            (c)         the transferee dealer keeps, as a record for the purposes of section 8 of the Act, a copy of a certificate signed by the second-hand dealer who retained the goods in accordance with section 10 certifying as to that retention.

        (5)         Sections 9 and  10 of the Act do not apply in relation to a written-off vehicle or a motor vehicle component from a written-off vehicle if the dealer records, for the purposes of section 8 of the Act, the serial number of a written-off vehicle notice affixed to the vehicle.

        (6)         Sections 6, 7, 8, 9 and  10 of the Act do not apply in relation to the following businesses:

            (a)         the business of selling second-hand vehicles carried on by a person licensed as a dealer, or exempt from the requirement to be licensed as a dealer, under the Second-hand Vehicle Dealers Act 1995 ;

            (b)         the business of repairing prescribed goods for customers;

            (c)         the business of acquiring prescribed goods for the purposes of recycling metal and selling scrap metal obtained from those goods.

        (7)         For the purposes of the application of the Act, an ADI or a registered corporation within the meaning of the Corporations Act 2001 of the Commonwealth will not be considered to be a pawnbroker only by reason of receiving goods under a contract for sale where the seller has a right to buy back the goods.

        (8)         Part 2 of the Act does not apply in relation to the sale of goods by an organisation formed for religious, educational or other charitable or beneficial community purposes where all the goods sold have been donated to the organisation and the proceeds of the sale (after deduction of expenses relating to the sale) go to the organisation.

        (9)         Part 4 of the Act does not apply in relation to—

            (a)         a second-hand market conducted by an organisation formed for religious, educational or other charitable or beneficial community purposes where all the goods sold have been donated to the organisation and the proceeds of the sale (after deduction of the expenses of the market) go to the organisation; or

            (b)         a second-hand market where no prescribed goods are sold.