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This is a Bill, not an Act. For current law, see the Acts databases.


SECOND-HAND DEALERS AND PAWNBROKERS AMENDMENT BILL 26 OF 2003

                                         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

 


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