Version No. 002
Second-Hand Dealers and Pawnbrokers
(Exemption) Regulations 2008
S.R. No. 141/2008
Version incorporating amendments as at
1 March 2011
TABLE OF PROVISIONS
Regulation
Page
1
Objective
1
2
Commencement
1
3
Authorising provision
1
4
Revocation
1
5
Definition
1
6
Circumstances in which second-hand dealers are exempt
2
7
Circumstances in which certain financial institutions are exempt
3
8
Specified exempt persons
3
9
Exempt goods
4
__________________
SCHEDULE—Exempt Goods
5
═══════════════
ENDNOTES
6
1. General Information
6
2. Table of Amendments
7
3. Explanatory Details
8
i
Version No. 002
Second-Hand Dealers and Pawnbrokers
(Exemption) Regulations 2008
S.R. No. 141/2008
Version incorporating amendments as at
1 March 2011
1 Objective
The objective of these Regulations is to exempt
certain persons and goods from the application of
the whole or certain provisions of the SecondHand Dealers and Pawnbrokers Act 1989.
2 Commencement
These Regulations come into operation on
21 December 2008.
3 Authorising provision
These Regulations are made under section 31 of
the Second-Hand Dealers and Pawnbrokers Act
1989.
4 Revocation
The following Regulations are revoked—
(a) the Second-Hand Dealers and Pawnbrokers
(Exemption) Regulations 20061;
(b) the Second-Hand Dealers and Pawnbrokers
(Exemption) (Amendment) Regulations
20072.
5 Definition
In these Regulations—
the Act means the Second-Hand Dealers and
Pawnbrokers Act 1989.
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Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
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S.R. No. 141/2008
6 Circumstances in which second-hand dealers are
exempt
(1) A second-hand dealer is exempted from the
application of the whole of the Act—
(a) when carrying on business exclusively for or
on behalf of any charitable, benevolent or
philanthropic organisation; or
(b) when carrying on business at any event
known as an antique fair which is conducted
exclusively for or on behalf of any
charitable, benevolent or philanthropic
organisation.
(2) A second-hand dealer is exempted from the
application of section 19 of the Act if the person
attempting to sell the second-hand goods to the
second-hand dealer previously purchased those
goods from the second-hand dealer.
(3) A second-hand dealer is exempted from the
application of section 19(1) of the Act if—
(a) the second-hand dealer arranges by means of
electronic communication to purchase
second-hand goods from a person; and
(b) the second-hand dealer requires the person to
provide evidence as to the person's identity
by means of a copy of a document—
(i) referred to in section 19 of the Act; or
(ii) that is in a category prescribed for the
purposes of that section.
Note
See regulation 8 of the Second-Hand Dealers and
Pawnbrokers Regulations 2008.
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Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
S.R. No. 141/2008
r. 7
7 Circumstances in which certain financial
institutions are exempt
(1) Section 3(2) of the Act does not apply to goods
received by—
(a) a financial sector entity within the meaning
of the Financial Sector (Collection of Data)
Act 2001 of the Commonwealth; or
(b) an authorised deposit-taking institution
within the meaning of the Banking Act 1959
of the Commonwealth; or
(c) a bank constituted under the law of the
Commonwealth or of a State or Territory.
(2) The Act does not apply to goods sold by a
financial institution referred to in subregulation
(1)(a), (b) or (c) in the course of, or ancillary to,
the carrying on of its business—
(a) that have become second-hand goods by
reason of being used in the course of a rental
business conducted by the financial
institution; or
(b) that are sold by the financial institution for
the purpose of enforcing securities over
those goods.
8 Specified exempt persons
(1) Savers Australia Pty Ltd ACN 116 995 594 is
exempted from the application of Part 2 and
sections 19, 20 and 21 of the Act.
(2) James Equipment Pty Ltd ACN 120 745 851 is
exempted from the application of the whole of the
Act.
(3) GolfPitStop Pty Ltd ACN 143 185 175 is
exempted from the application of section 19 of the
Act.
3
Reg. 8(3)
inserted by
S.R. No.
10/2011 reg. 3.
Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
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S.R. No. 141/2008
9 Exempt goods
(1) Second-hand goods that are of a class set out in
the Schedule are exempted from the application of
the whole of the Act.
(2) The following second-hand goods are exempted
from the application of section 21(1) of the Act—
(a) an engine constructed for use as a motor
tractor; and
(b) a motor vehicle constructed so that its engine
is used to drive or operate an agricultural,
construction or earthmoving implement
forming an integral part of the motor vehicle.
__________________
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Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
Sch.
S.R. No. 141/2008
SCHEDULE
Regulation 9(1)
EXEMPT GOODS
Item
1.
2.
3.
Goods collected under a local government recycling scheme
Clothing, including footwear
Kitchenware, including pots, pans and crockery (but not electrical or
electronic appliances)
4.
Cutlery, where the price paid for the goods by the second-hand
dealer does not exceed $50
5.
Glassware (including bottles), where the price paid for the goods by
the second-hand dealer does not exceed $50
6.
Cans of any kind
7.
Waste plastic materials
8.
Waste paper materials
9.
Salvaged building materials including doors, window frames, tiles,
bricks and timber
10.
Domestic white goods, including refrigerators, freezers, washing
machines, clothes driers, ovens and ironing presses (but not portable
or camping refrigerators or microwave ovens)
11.
Factory seconds
12.
Books, magazines and periodicals
13.
Ferrous and non-ferrous scrap metal (excluding goods containing
copper, gold or silver)
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Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
Endnotes
S.R. No. 141/2008
ENDNOTES
1. General Information
The Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008,
S.R. No. 141/2008 were made on 25 November 2008 by the Governor in
Council under section 31 of the Second-Hand Dealers and Pawnbrokers
Act 1989, No. 54/1989 and came into operation on 21 December 2008:
regulation 2.
The Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
will sunset 10 years after the day of making on 25 November 2018 (see
section 5 of the Subordinate Legislation Act 1994).
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Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
S.R. No. 141/2008
2. Table of Amendments
This Version incorporates amendments made to the Second-Hand Dealers
and Pawnbrokers (Exemption) Regulations 2008 by statutory rules,
subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Second-Hand Dealers and Pawnbrokers (Exemption) Amendment Regulations 2011,
S.R. No. 10/2011
Date of Making:
1.3.11
Date of Commencement:
1.3.11
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7
Endnotes
Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
Endnotes
S.R. No. 141/2008
3. Explanatory Details
1
Reg. 4(a): S.R. No. 94/2006. Subsequently amended by S.R. No. 107/2007.
2
Reg. 4(b): S.R. No. 107/2007.
8