Pawnbrokers and Second-hand Dealers Amendment (Exemption) Regulation 2015 (NSW)

New South Wales

Pawnbrokers and Second-hand Dealers

Amendment (Exemption) Regulation 2015

under the

Pawnbrokers and Second-hand Dealers Act 1996

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Pawnbrokers and Second-hand Dealers Act 1996.

MATTHEW MASON-COX, MLC

Minister for Fair Trading

Explanatory note
The object of this Regulation is to exempt Brightstar Logistics Pty Limited, which is a licensed second-hand dealer under the Pawnbrokers and Second-hand Dealers Act 1996, from the operation of provisions of that Act that require a licensee:

(a)	to obtain documentary evidence of the identity of the person by whom goods are being offered for sale or pawn, and
(b)	to keep records of transactions about second-hand goods and pawned goods and to furnish particulars of those records to the Commissioner of Police, and
(c)	to retain second-hand goods purchased or received for a period of 14 days.

The exemption will operate only in relation to second-hand phones obtained from Telstra Corporation
Limited under its New Phone Feeling program.
This Regulation is made under the Pawnbrokers and Second-hand Dealers Act 1996, including section 43
(the general regulation-making power), in particular section 43 (1) (i).

Pawnbrokers and Second-hand Dealers Amendment (Exemption) Regulation 2015 [NSW]

Pawnbrokers and Second-hand Dealers Amendment

(Exemption) Regulation 2015

under the

Pawnbrokers and Second-hand Dealers Act 1996

1      Name of Regulation

This Regulation is the Pawnbrokers and Second-hand Dealers Amendment
(Exemption) Regulation 2015.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3 Amendment of Pawnbrokers and Second-hand Dealers Regulation 2008

Clause 37A Specific exemptions from certain requirements

Insert at the end of the clause:

(2)

Brightstar Logistics Pty Limited is exempted from the operation of the following requirements of the Act in relation to second-hand phones obtained from Telstra Corporation Limited under its New Phone Feeling program:

(a)	section 15 (1) and (1A) of the Act, to the extent that they require a licensee to obtain documentary evidence of the identity of the person by whom goods are being offered,
(b)	section 16 (1) and (5A) of the Act, to the extent that they require a licensee to keep records of transactions and furnish particulars of the records to the Commissioner of Police,
(c)	section 21 of the Act, to the extent that it requires a licensee to retain second-hand goods purchased or received for a period of 14 days.