Second-hand Dealers and Collectors (Amendment) Act 1971 (NSW)

SECOND-HAND DEALERS AND COLLECTORS

(AMENDMENT) ACT.

ANNO VICESIMO

ELIZABETHS H BEGINS

Act No. 30, 1971.

An Act to require collectors o f second-hand goods to keep certain records; to make further provisions relating to the duties o f second-hand dealers and collectors; for these and other purposes to amend the Second-hand Dealers and Collectors Act, 1906, and the Summary Offences Act, 1970; and for purposes connected therewith. [Assented to, 27th September, 1971.]

63469— 15

Second-hand Dealers and Collectors {Amendment).

No. 30, 1971 O E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows; —

Short	1. (1) This Act may be cited as the “Second-hand
title and

commence	Dealers and Collectors (Amendment) Act, 1971”.
ment.

(2)	This Act shall commence upon a day to be

appointed by the Governor and notified by proclamation

published in the Gazette.

Amendment

The Second-hand Dealers and Collectors Act, 1906, is

of Act No.	a m e n d e d __
30,1906.	a m e n a e a

Sec. 4.	(a) (i) by omitting from section four the words “A
for dealer’s

(Application	second-hand dealer’s license, in or to the effect
license or	of the Form in the First Schedule hereto, may
thereof.)
transfer	be granted and issued, and a transfer thereof to any person or premises may be permitted by the court nearest to the premises in respect of which the license is applied for or was granted.” and by inserting in lieu thereof the words “An application for a second-hand dealer’s license shall be made in the prescribed manner and such application may, subject to subsection two of this section, be granted by the court nearest to the premises in respect of which the license is applied for. Upon the granting of such application the clerk of the court to which the application is made shall issue to the applicant a license in the prescribed form.” ;

(\\) by omitting from the same section the words

“The sum of four dollars shall be paid for

every

Second-hand Dealers and Collectors {Amendment).

every such license, and for every renewal No. 30,1971

thereof.” and by inserting in lieu thereof the

following new paragraphs : —

An application for the transfer of a second hand dealer’s license to any person or premises shall be made in the prescribed manner and the transfer may be permitted by the court by which the license was granted.

Every application for a license or for the renewal or transfer thereof shall be accom panied by the prescribed fee.

(iii) by inserting at the end of the same section the following new subsection :—

(2) An application for a second-hand dealer’s license shall not be granted unless a copy of the application has been referred to the senior officer of police for the police district in which are situated the premises referred to in the application and—

(a)	a report made by that officer on the application has been lodged with the clerk of the court; or
(b)	a period of one month has elapsed since the copy of that application has been referred to that officer.

(b)	by omitting section five and by inserting in lieu Subst. thereof the following section :—

5. The senior officer of police for the police Police may

district in which are situated the premises referred

to in an application for a second-hand dealer’s of license,

license or for the renewal or transfer thereof, or any

person authorised by him, may object to the

granting of the application.

(c)

Second-hand Dealers and Collectors (Amendment).

No. 30, 1971	(c)	(i)	by omitting paragraphs two, three and four of section eight and by inserting in lieu thereof
Sec. 8.	the following paragraph : —
(Name, &c.,
to be
painted
on outside of

premises.)

(2) enter in such books as are prescribed in respect of second-hand dealers or the prescribed class of second-hand dealers to which he belongs, as the case may be, the particulars specified therein in such manner and at such times as may be prescribed; and;

(ii) by omitting from paragraph five of the same section the words “book or books by this Act” and by inserting in lieu thereof the words “prescribed book or books” ;

(iii) by omitting from the same section the words “Goods the purchase or receipt of which have been entered in the book required to be kept under paragraph (3) of this section and which have been purchased or received from the Crown in right of the Commonwealth of Australia or of any State (including this State) of the Commonwealth of Australia or any statutory body representing the Crown within the meaning of the Local Government Act, 1919, as subsequently amended, are exempt from paragraph (4) of this section.” ;

Sec. 8a.

(d)

(i) by omitting from subsection one of section 8a

(Offences	the words “wilfully makes or causes to be
in respect
of keeping	made, any false entry in any book required by
of books.)	this Act to be kept by him” and by inserting in lieu thereof the words “makes or causes to be made, any false entry in any prescribed book” ;

(ii) by omitting from subsection two of the same section the words “such book, any incomplete,

defective”

Second-hand Dealers and Collectors (Amendment).

defective” and by inserting in lieu thereof the No. 30, 1971

words “prescribed book, any incomplete” ;

(iii) by inserting at the end of the same section the following new subsection ;—

(3)	It is a sufficient defence to a prosecu

tion for making or causing to be made in any prescribed book any false entry or any mislead ing entry if the licensed second-hand dealer satisfies the court that the particulars comprised in the entry were furnished pursuant to a demand made under section 2 2 a of this Act and that at the time when the particulars were given and the entry was made the person to whom they were given had no reasonable grounds for suspecting and did not suspect that the particulars were false or misleading.

(e)	by omitting section ten and by inserting in lieu Subst. thereof the following section :—

10. (1) An application for a collector’s license ^ppijj. t̂ion

shall be made in the prescribed manner, and such for coilec-

application may, subject to subsection four of this i,°ense.

section, be granted by the court nearest to the place

where the applicant resides. Upon the granting of

such application the clerk of the court to which the

application is made shall issue to the applicant a

license in the prescribed form.

(2) Such license shall, unless sooner can celled, entitle the holder thereof to carry on the business of a collector in all parts of the State and continue in force for one year from the date on which it is issued or where it is issued upon an application made by the holder of a license within one month before the date of expiration of that license, one year from that date.

Second-hand Dealers and Collectors (Amendment).

No. 30, 1971	(3 ) Every application for a collector’s license shall be accompanied by the prescribed fee.
(4) An apphcation for a collector’s license shall not be granted unless a copy of the application has been referred to the senior officer of police for the police district in which the applicant resides and—

(a)	a report made by that officer on the applica tion has been lodged with the clerk of the court; or
(b)	a period of one month has elapsed since the copy of that application has been referred to that officer.

(5) The senior officer of police for the police district in which an applicant resides, or any person authorised by him, may object to the granting of an application.

(6) Where there is no objection made by or on behalf of an officer of the police force a collector’s license may be granted and issued by the clerk of the court of petty sessions to which the application is made.

(7) A collector’s license shall not be issued

to any person who is under the age of sixteen years.

Sec. 11.

(f) by inserting at the end of paragraph four of section

(Collector

eleven the following word and new paragraphs : —

to leave

address with

police officer

and report

himself.)

and

(5) enter in such books as are prescribed in respect of collectors or the prescribed class of collectors to which he belongs, as the case may be, the particulars specified therein in such manner and at such times as may be prescribed; and

(6 )

Second-hand Dealers and Collectors {Amendment).

( 6 ) produce to any member of the police force, No. 30, 1971

whenever requested, the prescribed book or books required to be kept by him, and any second-hand goods purchased or received by him then in his possession, ;

(g)	by inserting next after section eleven the following New sec. new section :—

11a. ( 1 ) Any licensed collector who neglects offences in

or fails to make any entry required by this Act to

be made by him, or who makes or causes to be books,

made, any false entry in any prescribed book shall

be guilty of an offence against this Act.

(2) Any licensed collector who makes or causes to be made, in any prescribed book, any incomplete or misleading entry, shall be guilty of an offence against this Act.

(3) It is a sufficient defence to a prosecu tion for making or causing to be made in any prescribed book any false entry or any misleading entry if the licensed collector satisfies the court that the particulars comprised in the entry were furnished pursuant to a demand made under section

2 2 a of this Act and that at the time when the

particulars were given and the entry was made the person to whom they were given had no reasonable grounds for suspecting and did not suspect that the particulars were false or misleading.

(h)

by inserting in section sixteen after the word Sec. 16.

“dealer” the words “or collector” ;

(Presump

’	tion of possession of second hand goods.)

(i)

by inserting in section seventeen after the word Sec. 17.

‘kept” the word “by” ;

dealer’s or (Entries in

collector’s

books

deemed

made by

(ii) him.)

Second-hand Dealers and Collectors (Amendment).

No. 30, 1971	(ii)	by inserting at the end of the same section the following new subsection :—
(2) Every entry in any book kept by or belonging to any collector, or found on premises used by him in connection with his business as a collector, shall be deemed, unless the contrary be shown, to have been made by or with the authority of such collector.

Sec. 20.	(j) (i) t)y inserting in section twenty after the word
&c., may

(Inspectors,

“dealer” wherever occurring the words “or

visit dealer’s

collector” :

and collec

tor’s pre

mises.)

(ii) by omitting from the same section the words “the books by this Act required to be kept” and by inserting in lieu thereof the words “any prescribed book” ;

(iii) by inserting at the end of the same section the following new paragraph : —

A reference in this section to the place of business of a collector shall be construed as a reference to any premises used by the collector in connection with his business as a collector, and includes any structure, building, vehicle, vessel or place, whether built upon or not, and any part thereof.

Sec. 22.

(k) (i) by inserting in section twenty-two after the

(Suspicious	word “agent” where firstly occurring the words
offering of
second	“, or to any collector,” ;
hand goods.)

(ii) by inserting in the same section after the word “agent” where secondly occurring the words “, or to such collector,” ;

(iii)

Second-hand Dealers and Collectors (Amendment).

(iii) by inserting in the same section after the word No. 30, 1971

“agent” where thirdly occurring the words

such collector,” ;

(1) by inserting next after section twenty-two the New sec.

following new section :—

Particulars

2 2 a .

Any person—

to be

furnished.

(a)

from whom any second-hand goods are purchased or received by a second-hand dealer or collector; or

(b)

to whom any such goods are sold or disposed of by a second-hand dealer or collector,

and who, upon demand being made of him by that second-hand dealer, his servant or agent or by that collector, at the time of the purchase, receipt, sale or disposition for any of the prescribed particulars, does not furnish to the person by whom the demand is made such particulars, or wilfully furnishes any false particulars, shall be guilty of an offence against this Act.

(m)

by omitting from section twenty-three the words Sec. 23. “one hundred dollars” and by inserting in lieu (Proceed- thereof the words “two hundred dollars” ; pcMhy!)

(n)

by inserting next after paragraph six of section sec. 24.

twenty-four the following new paragraphs :—

(Regula

tions.)

(7) the form to be used for any license issued under this Act and any application relating thereto and the manner in which any application shall be given;

(8)

Second-hand Dealers and Collectors {Amendment).

No. 30, 1971	(8) the fee to be paid for or in relation to any license issued under this Act and different fees for different licenses;
(9) the books to be kept by persons or classes of persons licensed under this Act and the particulars to be entered therein;
(.10) the times at and the manner in which any particulars prescribed pursuant to paragraph nine of this section are to be entered;
(11) the circumstances in which any class of persons licensed under this Act is exempted from keeping or entering any particulars in any of the books prescribed to be kept by holders of licenses of that class pursuant to paragraph nine of this section;

Schedules.	(o)	by omitting the First, Second, Third, Fourth, Fifth
and Sixth Schedules.

Savingk	3. (1) For the purposes of paragraph five of section eight of the Second-hand Dealers and Collectors Act, 1906, as amended by this Act, the book or books required to be kept by a second-hand dealer under the Second-hand Dealers and Collectors Act, 1906, as in force immediately before the commencement of this Act, shall be deemed to be prescribed books.
(2) Any application for a license or for the renewal or transfer thereof made but not disposed of before the commencement of this Act may be disposed of as if this Act had not been enacted.

Second-hand Dealers and Collectors {Amendment).

4. The Summary Offences Act, 1970, is amended by No. 30, 1971

inserting in Schedule One next after the matter relating to the

Vagrancy (Amendment) Act, 1905, the following new Amendment

matter : —

96_ 1970.°'

(Schedule

One.)

1906, N o. 30

Second-hand Dealers and

Omit

Collectors Act, 1906.	section 21.
TRUSTEES