Second-hand Dealers and Collectors Act Amendment Act 1985 (Qld)

868 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No0 57 of 1985 An Act to amend the Second-handDealersand CollectorsAct 1984 in certain particulars [ASSENTED TO 20TH SEPTEMBER, 1985]

Second-hand Dealers and Collectors Act Amendment Act 1985, No. 57 869 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Second- hand Dealers and Collectors Act Amendment Act 1985. (2) In this Act the Second-hand Dealers and Collectors Act 1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Second-hand Dealers and Collectors Act 1984-1985. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) in the definition "dealer"- (i) inserting after the words "The term" the words "includes an entrepreneur but"; (ii) inserting after provision (c) and before the word "or" the following provisions:- "(ca) whilst he acts as a dealer as defined in the Firearms andOffensiveWeapons Act 1979-1984, is licensed so to act under that Act; (cb) deals in, sells or exchanges second-hand goods only as incidental to the conduct by him of the business of acquiring the ownership of those goods as new and letting them on hire to another;"; (c) inserting after the definition "dealer" the following definition:- " "entrepreneur" means the person in charge of and responsible for the running of- (a) A Trash and Treasure Market; (b) A Flea Market; (c) An Antique Market; or (d) An Antique Fair;"; 12

870 Second- hand Dealers and Collectors Act Amendment Act 1985, No. 57 (d) omitting the definition "Local Authority" and substituting the following definition:- " "Local Authority" means- (a) a Local Authority constituted under the Local Government Act 1936-1985; (b) the Brisbane City Council constituted under the City ofBrisbane Act 1924-1984; (c) each of them the Council of the Shire of Aurukun and the Council of the Shire of Mornington constituted under the Local Government (Aboriginal Lands) Act 1978-1981; (d) an Aboriginal Council constituted under the CommunityServices (Aborigines) Act 1984; (e) an Island Council constituted under the CommunityServices (Torres Strait) Act 1984,-",- (e) in the definition "second-hand goods" inserting after provision (b) and before the word "or" the following provisions:- "(ba) goods or articles of any kind which have been returned for refund or exchange to the same person from whom they were purchased as new goods or articles; (bb) motor vehicle batteries; (bc) used tyres removed from a motor car, a motor utility truck, a motor cycle, a trailer or caravan trailer all as defined in the Traffic Act 1949-1984, or from a motor utility panel van;"; (f) adding at the end of the section'the following subsection:- "(2) Where an application is made under section 11 or section 17 in respect of an area within the meaning of the Community Services (Aborigines) Act 1984 or the CommunityServices (Torres Strait) Act 1984 the certificate required shall be that of the Aboriginal Council or Island Council that governs that area.". 4. Amendment of s. 9 . Issue of licences. Section 9 of the Principal Act is amended by omitting the words "or, where.so prescribed, a police officer". 5. Amendment of s. 11 . Application for licence . Section 11 of the Principal Act is amended by- (a) in subsection (1) omitting the words "or for renewal of a licence"; (b) in subsection (2)- (i) omitting the words "An application" and substituting the words "Subject to subsections (4) and (5) an application"; (ii) omitting paragraph (a) and substituting the following paragraph:- "(a) in the case of an application for a dealer's licence, a certificate in or to the effect of the prescribed form of the Local

Second-hand Dealers and Collectors Act Amendment Act 1985, No. 57 871 Authority for each Local Authority Area in which the applicant proposes to carry on business as a dealer (which Local Authority is hereunto required to supply such a certificate) stating whether or not the Local Authority objects to the applicant so doing in that Area or objects to the premises and locations or either of them specified in the application;"; (c) inserting after subsection (2) the following subsection:- "(2A) A certificate referred to in subsection (2) may be issued under the seal of the Local Authority or under the hand of an employee of the Local Authority authorized by the Local Authority to issue such a certificate."; (d) in subsection (3) inserting after the words "premises" the words "(being not more than one)"; (e) inserting after subsection (3) the following subsections:- "(4) It shall not be necessary for an application for a licence to carry on business as a dealer to be accompanied by a certificate of the Local Authority where- (a) the applicant already holds a licence under the Pawnbrokers Act 1984 in respect of the same premises; (b) the application is in respect of locations for which a dealer's licence has been issued to an entrepreneur; or (c) the application is in respect of premises and locations or either of them situated on Crown Land. (5) Where an application for a licence to carry on business as a dealer is accompanied by an application for a licence under the Pawnbrokers Act 1984 both in respect of the same premises one certificate only of the Local Authority is required to accompany both applications.". 6. Amendment of s. 12. Inquiries into application . Section 12 of the Principal Act is amended by inserting after provision (c) the following provision:- "(ca) make or cause to be made any inspections of or inquiry or investigation in respect of the premises and locations the subject of the application;". 7. Amendment of s. 13 . Initial application to be determined by authorized officer . Section 13 of the Principal Act is amended in subsection (1) by omitting the words ", other than for a renewal of a licence,".

872 Second- hand Dealers and Collectors Act Amendment Act 1985, No. 57 8. Amendment of s. 14. Renewal of licences. Section 14 of the Principal Act is amended by- (a) in subsection (1) omitting the words from and including "together with-" to and including the words "renewal fee, if any" and substituting the words "together with the prescribed renewal fee, if any"; (b) omitting subsections (2), (3), (4), (5) and (6) and substituting the following subsections:- "(2) An officer in charge of police who receives an application for renewal of a licence shall forward the application and his recommendation to an authorized officer who shall determine the matter. (3) In his determination of an application for renewal of a licence pursuant to subsection (2), an authorized officer may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (4) Upon approval of an application for renewal, a licence shall be renewed by the issue of another licence and where an application for renewal of a licence is approved subject to conditions, those conditions shall be endorsed on the renewed licence.". 9. Repeal of and new s. 15. Duration of licence . The Principal Act is amended by repealing section 15 and substituting the following section:- "15. Duration of licence . (1) Subject to section 20 and this section, a licence shall, unless sooner surrendered, revoked or cancelled, be in force for a period of 12 months from the date of issue or renewal. (2) Where an authorized officer is of the opinion that a licence should be in force for a lesser period than 12 months, he may issue or renew a licence for such lesser period as he thinks fit and endorse this period on the licence.". 10. Repeal of and new s. 17. Licence not transferable . The Principal Act is amended by repealing section 17 and substituting the following section:- "17. Licence not transferable . (1) A licence cannot be transferred to another person. (2) An application by a licensee to- (a) replace the premises and locations or either of them endorsed on his licence with other premises (being not more than one) and locations or either of them; (b) add other locations to those endorsed on his licence;

Second-hand Dealers and Collectors Act Amendment Act 1985, No. 57 873 (c) replace the premises endorsed on his licence with other premises (being not more than one) and to add other locations to those endorsed on his licence; or (d) replace locations endorsed on his licence with other locations and add locations to those endorsed on his licence, shall be made in or to the effect of the prescribed form and, save in the case of a body corporate or where otherwise prescribed, shall be made by the licensee personally to the officer in charge of police for the division of the Police District in which the licensee resides or in which he presently carries on business or proposes to carry on business at any of the premises and locations specified in the application. (3) Subject to subsections (5) and (6) an application shall be accompanied by- (a) a certificate in or to the effect of the prescribed form of the Local Authority for each Local Authority Area in which the licensee proposes to carry on business as a dealer at the premises and locations or either of them specified in the application (which Local Authority is hereunto required to supply such a certificate) stating whether or not the Local Authority objects to the licensee so doing in that Area or objects to the premises and locations or either of them specified in the application; and (b) the prescribed fee, if any. (4) A certificate referred to in subsection (3) may be issued under the seal of the Local Authority or under the hand of an employee of the Local Authority authorized by the Local Authority to issue such a certificate. (5) It shall not be necessary for an application under this section to be accompanied by a certificate of the Local Authority where- (a) the applicant has already had the same replacement premises endorsed on a licence under the PawnbrokersAct 1984-1985; (b) the application is in respect of locations for which a dealer's licence has been issued to an entrepreneur; or (c) the- application is in respect of premises and locations or either of them situated on Crown land. (6) Where an application to replace the premises endorsed on a licence with other premises is accompanied by a similar application under the Pawnbrokers Act 1984-1985 in respect of the same premises one certificate only of the Local Authority is required to accompany both applications. (7) An officer in charge of police who receives an application from a licensee under this section shall forward the application and his recommendation to an authorized officer.

8 74 Second- hand Dealers and Collectors Act Amendment Act 1985, No. 5 7 (8) An authorized officer may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (9) Where an application is approved details of the premises and locations or either of them and any conditions imposed shall be endorsed on the licence.". 11. Amendment of s. 20 . Replacement licence. Section 20 of the Principal Act is amended in subsection (2) by omitting the words "the words "Replacement Licence issued in lieu of Licence No. " and with". 12. Amendment of s. 26. Endorsement of premises and locations on dealer ' s licence . Section 26 of the Principal Act is amended by inserting after the word "premises " the words "(being not more than one)". 13. Amendment of s. 39 . Disposal of goods by collector . Section 39 of the Principal Act is amended in subsection (1) by inserting after the word "dealer" the words "or by public auction conducted by an auctioneer licensed under the Auctioneers and Agents Act 1971-1985". 14. Amendment of s. 42. Dealer to sell only at premises or locations endorsed on licence . Section 42 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section inserting after the word " licence" the words "or by auction"; (b) inserting after the words " section 26" the words " or by public auction conducted by an auctioneer licensed under the Auctioneers andAgents Act 1971-1985" 15. Amendment of s. 44 . Dealer to keep register . Section 44 of the Principal Act is amended by- (a) in subsection (2) omitting the words "In respect of" and substituting the words "Subject to subsection (2A), in respect of"; (b) inserting after subsection (2) the following subsection:- "(2A) It shall not be necessary for a dealer to enter in the Register of Transactions any particulars in respect of second- hand goods with a resale value of less than $50.00 except where those goods bear identifying marks or are jewellery or precious metals.".

Second-hand Dealers and Collectors Act Amendment Act 1985, No. 57 875 16. New s. 47A. Holding period for certain goods. The Principal . Act is amended by inserting after section 47 the following section: "47A. Holding period for certain goods . A dealer shall keep in his possession for a period of 7 clear working days after receipt by him the following second-hand goods- (a) articles which are identifiable (except items of household furniture); (b) electrical goods (except refrigerators, washing machines, clothes dryers, stoves and dishwashers); (c) jewellery; (d) precious metals; (e) musical instruments; (f) photographic equipment; and (g) natural diamonds and gem stones.".