Pawnbrokers and Second-hand Dealers Amendment (Exemption) Regulation 2019 (NSW)

New South Wales

Pawnbrokers and Second-hand Dealers

Amendment (Exemption) Regulation 2019

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.

MATT KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note

The object of this Regulation is to exempt Assurant Services Australia Pty Limited from the operation of certain provisions of the Pawnbrokers and Second-hand Dealers Act 1996 in relation to mobile phones or tablet computers it obtains under an agreement with Optus Mobile Pty Limited.

This Regulation is made under section 43 (the general regulation-making power) of the Pawnbrokers and

Second-hand Dealers Act 1996.

Pawnbrokers and Second-hand Dealers Amendment (Exemption) Regulation 2019 [NSW]

Pawnbrokers and Second-hand Dealers Amendment

(Exemption) Regulation 2019

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 2019.

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 2015

Clause 39 Specific exemptions from certain requirements

Insert after clause 39 (5):

(6)

Assurant Services Australia Pty Limited is exempted from the operation of the following provisions of the Act in relation to goods that are mobile phones or tablet computers obtained from Optus Mobile Pty Limited under the Mobile Device Sale Agreement dated 27 September 2017 between Assurant Services Australia Pty Limited and Optus Mobile Pty Limited:

(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 the 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 for the acquisition or disposal of the goods and furnish particulars of the records to the Commissioner of Police,
(c)	section 21 (1) of the Act.