Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2) Regulations 1997 (Vic)

Second-Hand Dealers and Pawnbrokers

(Exemption) (No. 2) Regulations 1997

S.R. No. 23/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Exemption	1

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i

STATUTORY RULES 1997

S.R. No. 23/1997

Second-Hand Dealers and Pawnbrokers Act 1989

Second-Hand Dealers and Pawnbrokers

(Exemption) (No. 2) Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 2 April 1997

Responsible Minister:

JAN WADE

Minister for Fair Trading

N. C. WHITE

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to exempt application of certain record keeping requirements imposed under section 20 of the Second-Hand Dealers and Pawnbrokers Act 1989.

2. Authorising provision

These Regulations are made under section 31(1)(e) of the Second-Hand Dealers and Pawnbrokers Act 1989.

3. Exemption

Simsmetal Limited A.C.N. 008 634 526 is
exempted from the application of section 20 of the
Second-Hand Dealers and Pawnbrokers Act
1989 subject to the following conditions—

Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2)
Regulations 1997

r. 3 S.R. No. 23/1997

(a)

that Simsmetal Limited operate and maintain place of a bound record book;

(b) computerised record-keeping system, during

that Simsmetal Limited record onto its which it receives second-hand goods, the following information—

(i)  an accurate description of the goods received;

(ii)  the invoice number assigned by it to the goods;

(iii)  the full name and address of the person from whom the goods are received;

(iv)  details of the identification provided by that person;

(v)  the date on which the goods are received;

(vi) the price, if any, paid for the goods;

(vii)  the name of the person acting on behalf of the dealer in the transaction;

(c)	that Simsmetal Limited produce, on a daily basis, a printed and sequentially numbered hard copy of all transactions recorded onto the computerised record-keeping system on that day;
(d)	that Simsmetal Limited keep at the business premises specified in its licence the records of transactions produced in accordance with the condition set out in paragraph (c);
(e)	that if Simsmetal Limited buys or exchanges second-hand goods—

(i) in a lot or parcel at the same time; and

Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2)

Regulations 1997

S.R. No. 23/1997 r. 3

(ii)  the value of each item in the lot or parcel is less than $50—

it may satisfy the condition set out in
paragraph (b) by recording the lot or parcel
as one entry onto its computerised record-

keeping system;

(f) that if Simsmetal Limited buys or exchanges second-hand goods—

(i) in a lot or parcel at the same time; and

(ii)  the value of any item in the lot or parcel is $50 or more; and

(iii)  that item has an identifying mark or label—

it must enter a record of that item onto the
computerised record-keeping system, in
accordance with the condition set out in
paragraph (b) and the remainder of the lot or
parcel may be recorded in accordance with

the condition set out in paragraph (e);

(g)	that if Simsmetal Limited buys second-hand goods at auction it may satisfy the condition set out in paragraph (b) by—
(i)

obtaining a receipt signed by the required by that condition; and

(ii)  entering onto the computerised record- keeping system a reference to identify the receipt;

(h) that if Simsmetal Limited imports second- hand goods from outside Australia, it may satisfy the condition set out in paragraph (b)

by—

Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2)
Regulations 1997

r. 3 S.R. No. 23/1997

(i)  producing on demand the documents of consignment relating to the goods and relevant customs documents; and

(ii)  entering onto the computerised record- keeping system a reference to identify the documents;

(i) hand goods at any premises other than those
specified in its dealer's licence, it must

that if Simsmetal Limited receives second- record-keeping system as soon as practicable after the transaction.

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