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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Scrap Metal Industry Amendment (Review)
Bill 2022
Contents
Page
1 Name of Act 3
2 Commencement 3
Schedule 1 Amendment of Scrap Metal Industry Act 2016 No 42 4
Schedule 2 Amendment of Scrap Metal Industry Regulation 2016 8
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Scrap Metal Industry Amendment (Review)
Bill 2022
Act No , 2022
An Act to make miscellaneous amendments to the Scrap Metal Industry Act 2016 and the Scrap
Metal Industry Regulation 2016 following a statutory review of the Act.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Scrap Metal Industry Amendment (Review) Act 2022.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
Schedule 1 Amendment of Scrap Metal Industry Act 2016 No 42
Schedule 1 Amendment of Scrap Metal Industry Act 2016 No
42
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
carrying on a business--see section 4.
contraventions register, for Part 3, Division 3--see section 24A(1).
[2] Section 3(1), definition of "scrap metal dealer"
Insert ", whether or not the business is registered under this Act" after "in scrap metal".
[3] Section 4
Omit the section. Insert instead--
4 Meaning of "carrying on a business"
In this Act, carrying on a business of dealing in scrap metal--
(a) includes carrying on a business--
(i) in partnership or by an employee, contractor, agent or other
person, and
(ii) from any location, whether or not a scrap metal yard, including a
motor vehicle or residential premises, and
(b) does not include carrying on a business--
(i) as a collection point operator within the meaning of the Waste
Avoidance and Resource Recovery Act 2001, Part 5, or
(ii) under a licence within the meaning of the Pawnbrokers and
Second-hand Dealers Act 1996, to the extent the business
involves dealing in gold or silver.
[4] Section 4A
Insert after section 4--
4A Presumption of carrying on a business
There is a rebuttable presumption that a person who deals in scrap metal on
more than the prescribed number of days in a 12-month period is carrying on
a business of dealing in scrap metal.
[5] Section 5 Requirement for business to be registered
Omit "100 penalty units". Insert instead "500 penalty units".
[6] Section 6 Registration of business
Insert at the end of section 6(1)(b)--
, and
(c) the Commissioner issues the scrap metal dealer with a certificate of
registration under section 9.
[7] Section 6(2)(c) and (c1)
Omit section 6(2)(c). Insert instead--
(c) if the dealer carries on the business from a scrap metal yard--the
address of the scrap metal yard,
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Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
Schedule 1 Amendment of Scrap Metal Industry Act 2016 No 42
(c1) if the dealer carries on the business from--
(i) premises other than a scrap metal yard--the address of the
premises, and
(ii) a motor vehicle--the registration number of the vehicle,
[8] Section 6(2)(d1) and (d2)
Insert after section 6(2)(d)--
(d1) whether the scrap metal dealer holds a licence within the meaning of
one or both of--
(i) the Motor Dealers and Repairers Act 2013, or
(ii) the Tow Truck Industry Act 1998,
(d2) if an approval is required by another Act or law to use premises
specified in paragraph (c) as a scrap metal yard--whether the approval
has been obtained,
[9] Section 9 Certificate of registration
Omit section 9(1). Insert instead--
(1) The Commissioner must provide a scrap metal dealer who has complied with
section 6(1)(a) and (b) with a certificate of registration that includes--
(a) the registration information for the business carried on by the dealer,
and
(b) other information required by the regulations.
[10] Section 11A
Insert after section 11--
11A Commissioner may refuse, suspend or revoke registration
(1) The Commissioner may, in circumstances prescribed by the regulations--
(a) refuse to issue a certificate of registration under section 9, or
(b) suspend the registration of a business under this Act, or
(c) revoke the registration of a business under this Act.
(2) If the registration of a business is suspended or revoked--
(a) the Commissioner must remove the registration information for the
business from the register kept under section 10, and
(b) the scrap metal dealer carrying on the business must surrender the
registration certificate to the Commissioner.
[11] Section 12A
Insert after section 12--
12A Prohibition on advertising cash payment for scrap metal
A scrap metal dealer must not advertise that the dealer will pay for scrap
metal--
(a) with cash, or
(b) by cheque payable to cash, or
(c) in kind with goods or services.
Maximum penalty--20 penalty units.
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Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
Schedule 1 Amendment of Scrap Metal Industry Act 2016 No 42
[12] Section 14 Prohibitions on buying or disposing of unidentified motor vehicles
Omit "100 penalty units". Insert instead "500 penalty units".
[13] Section 15 Prohibition on disposal of suspected stolen scrap metal
Omit "50 penalty units" from section 15(4). Insert insert "500 penalty units".
[14] Section 16 Transaction records
Omit section 16(2). Insert instead--
(2) The scrap metal dealer must keep the record--
(a) at a premises at which the dealer carries on the business of dealing in
scrap metal, or
(b) if the dealer carries on a business of dealing in scrap metal only from a
motor vehicle--in the motor vehicle.
(2A) The scrap metal dealer must keep the record for 3 years after the record is
made.
[15] Section 18 Long-term closure of premises
Insert at the end of section 18(1)(b)--
, or
(c) there has been repeated non-compliance at or in connection with the
premises.
[16] Section 18(4)
Insert after section 18(3)--
(4) In this section--
repeated non-compliance means the commission of 6 or more of the
following in a 12-month period--
(a) an offence against this Act or the regulations,
(b) an alleged offence against this Act or the regulations for which a penalty
notice is issued.
[17] Section 22A
Insert after section 22--
22A Power to stop and search motor vehicles without warrant
If a police officer reasonably believes a motor vehicle is being used for the
purposes of carrying on a business of dealing in scrap metal, the officer may
stop and search the vehicle without a warrant for the purposes of determining
whether there has been compliance with, or a contravention of, this Act or the
regulations.
[18] Part 3, Division 3
Insert after Part 3, Division 2--
Division 3 Contraventions register
24A Commissioner may keep contraventions register
(1) The Commissioner may keep a register of information (the contraventions
register) about--
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Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
Schedule 1 Amendment of Scrap Metal Industry Act 2016 No 42
(a) convictions for offences against this Act or the regulations, and
(b) penalty notices issued for alleged offences under this Act or the
regulations.
(2) The Commissioner may include the following particulars on the
contraventions register--
(a) identifying information about a person or business convicted of an
offence or issued with a penalty notice,
(b) details of the registration of a scrap metal business under this Act,
(c) the location of an offence or alleged offence,
(d) other particulars the Commissioner considers appropriate.
(3) The Commissioner may keep the contraventions register in a form the
Commissioner considers appropriate.
24B Publication of contraventions register
(1) The Commissioner may--
(a) publish information contained in the contraventions register, and
(b) provide a member of the public with information contained in the
contraventions register in a way the Commissioner considers
appropriate.
(2) Information relating to a penalty notice issued to a person must not be
published or provided to a member of the public unless--
(a) the amount payable under the penalty notice has been fully or partly
paid, or
(b) a penalty notice enforcement order under the Fines Act 1996, Part 3 has
been issued in relation to the penalty notice, or
(c) at least 70 days have elapsed since the penalty notice was issued and the
penalty notice is unresolved.
(3) For this section, a penalty notice is unresolved until one of the following
occurs--
(a) the amount payable under the penalty notice is fully or partly paid,
(b) a penalty notice enforcement order under the Fines Act 1996, Part 3 is
issued in relation to the penalty notice,
(c) the person issued with the penalty notice elects to have the matter
determined by a court in accordance with the Fines Act 1996, Part 3,
(d) the enforcement agency or other body under the direction of which, or
on behalf of whom, the penalty notice was issued decides not to enforce
the penalty notice,
(e) a penalty reminder notice in relation to the offence is withdrawn under
the Fines Act 1996.
(4) No liability, including liability in defamation, is incurred for information
published under this section in good faith.
Page 6
Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
Schedule 2 Amendment of Scrap Metal Industry Regulation 2016
Schedule 2 Amendment of Scrap Metal Industry Regulation
2016
[1] Clause 4
Omit the clause. Insert instead--
4 Prescribed number of days for rebuttable presumption--the Act, s 4A
For the Act, section 4A, the prescribed number of days is 6 days.
[2] Clause 6
Omit the clause. Insert instead--
6 Prescribed registration fee--the Act, s 7
(1) For the Act, section 7, the prescribed fee is 1 fee unit.
(2) In this clause--
fee unit--see Schedule 2, clause 1.
[3] Clause 7A
Insert after clause 7--
7A Circumstances in which registration may be refused, suspended or revoked--
the Act, s 11A
(1) For the Act, section 11A(1), the prescribed circumstances are that--
(a) the scrap metal dealer has committed an offence against this Act or the
regulations, or
(b) the Commissioner believes on reasonable grounds that the scrap metal
dealer is likely to commit an offence against this Act or the regulations,
or
(c) if the scrap metal dealer is a corporation--
(i) an officer of the corporation has committed an offence against
this Act or the regulations, or
(ii) the Commissioner believes on reasonable grounds that an officer
of the corporation is likely to commit an offence against this Act
or the regulations.
(2) In this clause--
officer has the same meaning as in the Corporations Act 2001 of the
Commonwealth.
[4] Clause 11
Insert after clause 10--
11 Transitional provision--contraventions register--the Act, s 28(4)
The contraventions register may include information held by the
Commissioner before the commencement of the Scrap Metal Industry
Amendment (Review) Act 2022, Schedule 1, item [18].
[5] Schedule 1 Penalty notice offences
Omit the matters relating to sections 5, 14 and 15(4).
Insert in appropriate order--
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Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
Schedule 2 Amendment of Scrap Metal Industry Regulation 2016
Section 5 $5,500
Section 14 $5,500
Section 15(4) $5,500
[6] Schedule 1, Table
Insert in appropriate order--
Section 12A $220
[7] Schedule 1, Table, Column 1
Omit "Section 16 (1), (2) and (4)". Insert instead "Section 16(1) and (2)".
[8] Schedule 2
Insert after Schedule 1--
Schedule 2 Calculation of fee unit
clause 6
1 Definitions
In this Schedule--
CPI number means the Consumer Price Index (All Groups Index) for Sydney
published by the Australian Bureau of Statistics in the latest published series of that
index.
fee unit--see clause 2.
financial year means a period of 12 months commencing on 1 July.
2 Calculation of registration fee
(1) For the purposes of this Regulation, a fee unit is--
(a) in the financial year 2022-23--$210, and
(b) in each subsequent financial year--the amount calculated as follows--
A
$210 ----
B
where--
A is the CPI number for the March quarter in the financial year
immediately preceding the financial year for which the amount is
calculated.
B is the CPI number for the March quarter of 2022.
(2) The amount of a fee unit is to be rounded to the nearest cent and an amount of
0.5 cent is to be rounded down.
(3) However, if the amount of a fee unit calculated for a financial year is less than
the amount that applied for the previous financial year, then the amount for
that previous financial year applies instead.
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Scrap Metal Industry Amendment (Review) Bill 2022 [NSW]
Schedule 2 Amendment of Scrap Metal Industry Regulation 2016
3 Rounding of fee amounts and contributions
The amount of a fee calculated by reference to a fee unit is to be rounded to
the nearest dollar and an amount of 50 cents is to be rounded down.
4 Notice of indexed fees
(1) As soon as practicable after the CPI number for the March quarter is first
published by the Australian Bureau of Statistics, the Commissioner must--
(a) notify the Parliamentary Counsel of the amount of the fee unit for the
next financial year so that notice of the amount may be published on the
NSW legislation website, and
(b) give public notice on an appropriate government website of the actual
amounts of the fees applying in each financial year resulting from the
application of the amount of a fee unit calculated under this Part.
(2) This Part operates to change an amount of a fee that is calculated by reference
to a fee unit and the change is not dependent on the notification or other notice
required by this clause.
Page 9
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