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TASMANIA
__________
SECOND-HAND DEALERS AND
PAWNBROKERS AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 9 amended (Duty to obtain proof of identity, &c.)
6. Section 9A inserted
9A. Notification of transactions to police
7. Section 10 amended (Records to be kept relating to
second-hand or pawned goods)
8. Section 11 amended (Duty to retain goods for 7 days)
9. Section 11A inserted
11A. Second-hand goods with serial numbers, &c.,
altered
10. Section 12 amended (Duties of promoters of second-hand
goods markets)
11. Section 23 amended (Regulations)
[Bill 26]-IX
2
SECOND-HAND DEALERS AND
PAWNBROKERS AMENDMENT BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Second-hand Dealers and
Pawnbrokers Act 1994
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Second-hand Dealers and
Pawnbrokers Amendment Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Second-hand Dealers and Pawnbrokers
Act 1994* is referred to as the Principal Act.
*No. 95 of 1994
[Bill 26] 3
s. 4 No. Second-hand Dealers and Pawnbrokers 2003
Amendment
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "promoter":
"regulations" means regulations made
and in force under this Act;
(b) by inserting "but does not include any goods
that, under the regulations, are exempted from
the application of this Act" after "such
purpose" in the definition of "second-hand
goods".
Section 9 amended (Duty to obtain proof of identity,
&c.)
5. Section 9 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
(1) A second-hand dealer or pawnbroker must
not enter into a contract with a person in the course
of business as such unless the second-hand dealer or
pawnbroker
(a) has ascertained the person's full name
and current residential address; and
(b) has verified the person's identity in
accordance with a method approved by
the Secretary.
Section 9A inserted
6. After section 9 of the Principal Act, the following
section is inserted in Division 3:
4
2003 Second-hand Dealers and Pawnbrokers No. s. 7
Amendment
Notification of transactions to police
9A. (1) A second-hand dealer or pawnbroker must,
within 24 hours after receiving any prescribed
second-hand goods, notify the Commissioner of
Police in the prescribed manner of details of the
transaction.
(2) A second-hand dealer or pawnbroker who
contravenes subsection (1) is guilty of an offence and
is liable on summary conviction to a fine not
exceeding 50 penalty units.
Section 10 amended (Records to be kept relating to
second-hand or pawned goods)
7. Section 10 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "in the
prescribed form" after "keep";
(b) by inserting in subsection (2) "in the
prescribed form" after "keep".
Section 11 amended (Duty to retain goods for 7 days)
8. Section 11 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsections:
(1) A second-hand dealer must, during a
period of 7 days after receiving any second-hand
goods
(a) keep the goods in the form in which they
were received; and
(b) keep the goods at the place where they
were received or, if the dealer does not
5
s. 9 No. Second-hand Dealers and Pawnbrokers 2003
Amendment
carry on business as such at that place,
at the nearest place where he or she
carries on business as such in
Tasmania
and must not during that period dispose of the goods
in any way.
(1A) A second-hand dealer who contravenes
subsection (1) is guilty of an offence and is liable on
summary conviction to a fine not exceeding 20
penalty units.
Section 11A inserted
9. After section 11 of the Principal Act, the following
section is inserted in Division 3:
Second-hand goods with serial numbers, &c.,
altered
11A. A second-hand dealer or pawnbroker who
purchases or receives any second-hand goods with
the serial number or other identification of the goods
altered or removed is guilty of an offence and is
liable on summary conviction to a fine not exceeding
20 penalty units.
Section 12 amended (Duties of promoters of second-
hand goods markets)
10. Section 12(1) of the Principal Act is amended by
omitting paragraph (b) and substituting the following
paragraphs:
(b) ascertain the full name and current residential
address of any person proposing to sell second-
6
2003 Second-hand Dealers and Pawnbrokers No. s. 11
Amendment
hand goods at a second-hand goods market;
and
(c) verify the person's identity in accordance with
a method approved by the Secretary.
Section 23 amended (Regulations)
11. Section 23 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsection:
(2) Without limiting the generality of
subsection (1), the Governor may make regulations
(a) providing for records to be kept by
second-hand dealers, pawnbrokers and
promoters; and
(b) requiring any such records to be kept by
computer or in any manner provided by
the regulations; and
(c) listing those second-hand goods
prescribed for the purposes of section 9A;
and
(d) providing for information to be given to
the Commissioner of Police by means of
e-mail or facsimile transmission; and
(e) exempting any second-hand goods from
the application of this Act.
Government Printer, Tasmania 7