Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) For the purposes
of the definition of “second-hand goods” in section 3(1),
goods which have been worn or otherwise used and which belong to a class of
goods described in the Table to this subregulation, or goods to which
subregulation (2) applies, are goods that are not to be treated as
second-hand goods for the purposes of the Act.
Table
|
Item |
Goods not to be treated as “second-hand goods” |
|---|---|
|
1. |
Goods collected under a local government recycling scheme. |
|
2. |
Goods (other than jewellery) purchased for the purpose of manufacturing any
other article from the goods. |
|
3. |
Goods collected for a charitable purpose within the meaning of the
Charitable Collections Act 1946 where the collector is a person to whom
section 6(1)(e), (f) or (g) of that Act applies and who is acting in
accordance with such licence and authority referred to in that section as
applies to that person. |
|
4. |
Books, magazines and periodicals. |
|
5. |
Boats (but not outboard motors or other marine equipment). |
|
6. |
Ferrous and non-ferrous scrap metals (but not gold or silver). |
|
7. |
Clothing, including footwear. |
|
8. |
Furniture, including lamps and light fittings (but not electrical or
electronic appliances or moveable heaters). |
|
9. |
Household soft furnishings, including rugs, curtains and manchester. |
|
10. |
Household decorative goods, including statues, figurines, paintings, prints
and drawings. |
|
11. |
Kitchenware, including pots, pans, crockery and cutlery (but not electrical or
electronic appliances). |
|
12. |
Motor vehicles, as defined in the Road Traffic Act 1974 , and their parts
including tyres (but not accessories such as audio equipment, roof racks or
lights other than those required under Part 8 of the Road
Traffic (Vehicle Standards) Rules 2002 ). |
|
13. |
Mining machinery and parts. |
|
14. |
Farming machinery and parts (but not accessories such as audio equipment,
electronic monitoring equipment or lights other than those required under
Part 8 of the Road Traffic (Vehicle Standards) Rules 2002 ). |
|
15. |
Rags. |
|
16. |
Bones. |
|
17. |
Glassware, including bottles. |
|
18. |
Cans of any kind. |
|
19. |
Waste plastic materials. |
|
20. |
Waste paper materials. |
|
21. |
Salvaged building materials including doors, window frames, tiles, bricks and
timber. |
|
22. |
White goods in the nature of large domestic electrical equipment, including
refrigerators, freezers, washing machines, clothes driers, ovens and ironing
presses (but not portable or camping refrigerators or microwave or
microwave/convection ovens). |
|
23. |
Collectables such as stamps, coins, trading cards, dolls, toys and military
memorabilia (but not jewellery or watches). |
|
24. |
Goods purchased for babies, such as baby furniture, toys, prams, strollers and
vehicle baby seats and capsules. |
|
25. |
Goods that have been the subject of a rental agreement. |
|
26. |
Pianos and pianolas. |
|
27. |
Vacuum cleaners. |
|
28. |
Wheelchairs and similar goods designed to carry physically disabled persons. |
(2) This subregulation
applies to goods ( traded goods ) that are accepted by a retailer as part of
the purchase price of new goods sold by the retailer to a person ( the new
sale ) —
(a) if
the traded goods were purchased by the person from a retailer as new goods;
and
(b)
where the trade-in value of the traded goods is $200 or more, if the person
produces proof of that purchase at the time the new sale takes place; and
(c)
where the trade-in value of the traded goods is less than $200, if the
purchase is made by way of exchange without money changing hands.
(3) In
subregulation (2) —
retail shop has the same meaning as it has in the
Retail Trading Hours Act 1987 ;
retailer means a person who operates a retail shop
but does not include a pawnbroker or second-hand dealer.
[Regulation 5 amended in Gazette
28 Jul 2000 p. 4019; 3 Dec 2002 p. 5713;
30 Apr 2007 p. 1838; 16 May 2008 p. 1912; amended by No. 8
of 2009 s. 29.]