Second-hand Wares Act of 1921 (12 Geo v No. 23) (Qld)

MERCANTILE. • 12 GEO. V. No. 23, 1921. Second-hand Wares Act. 9751 MERCANTILE. An Act relating to Collectors of and Dealers in 12NGo.eo2. 3. V. Second-hand Wares. THE SECOND- HAND [ASSENTED TO 11TH NOVEMBER, 1921.] ,"VARES ACT OF 1921. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Second-hand Wares Short title. Act oj 1921." 2. In this Act, unless the context otherwise indicates, Interprcta- the following terms have the meanings set against them ; ~ ~ . ' w. 1906, respectively, that is to say:- No. 30,s. 2. " Arrest," used with reference to persons-Arrest Arrest. without a;lfy warrant other than this Act and take such person to a police station, there to be detained (unless he is released upon recogniz- ance) until he can be brought before a court to be dealt with according to law; "Buy" and" Sell" include, respectively, exchange, Buy; pledge, and barter, and any dealing, and the Sell; Seller. derivati ves of these terms have a corres- ponding signification; "Seller" includes any person actmg or representing. himself to be acting for a seller; "Collector"-A person engagedincollecting second- Collector. hand wares of any kind, whether on his own behalf or on behalf of an employer, for the purpose of sale or trade: the term does not include a person who buys second-hand wares at an advertised auction sale conducted by a licensed auctioneer; "Commissioner"-The Commissioner of Police for Commis- the time being appointed and holding office gioner. under *" The Police Act ot 1863" ; " Complaint "-A complaint pursuant to the Complaint. JusticesAct; * 27 Vic. No. 11, supra, page 2330.

9752 MERCANTILE. Second-hand Wares Act. 12 GEO. V. No. 23, . Comt. Dealer. Imprison- ment. Justice. Police officer. Police station. Prescribed. Regulations. Second-hand wares. Ship- chandler. This Act. " Court "-A court of petty sessions sitting for the hearing and determination of charges and other matters under this Act, constituted by a police magistrate alone where by law such court is required to be so constituted, and in all other cases by any two or more justices; " Dealer ·"-A person other than a ship-chandler, ship-owner, licensed auctioneer, or licensed pawnbroker who carries on the business of dealing in or buying or selling second-hand wares, whether such person deals in other goods or not: Provided that to the extent to which a pawnbroker buys or sells second-hand wares he shall be deemed to be a dealer; "Imprisonment "-Imprisonment with or without hard labour at the discretion of the court; "Justice "-A justice of the peace; "Police officer"--Any constable or other member ' of the police force; "Police station" includes a police office, W(;J, tch- house, station-house, and lockup; "Prescribed "-Prescribed by this Act; " Regulations "-Regulations made under this Act; "Second-hand wares"-Partly manufactured metal goods, second-hand anchors, cables, or sails, old junk, rags, bones, old bottles, syphons, or syphon tops, old copper iron brass lead or muntz metal, scrap metal, broken metal, defaced metal goods, second-hand metal utensils or tins, old wearing apparel, old boots, second-hand furniture tools drapery goods or jewellery, and old or second-hand stores of every description; "Ship-chandler"-Any shopkeeper in a seaport whose principal business is the sale of cordage, canvas, and other furniture and general necessaries of ships; "This Act "-This Act and all regulations made thereunder. Collectors. Co\ l~ctorR to 3. (1.) Any person carrying on the business of a ~ ~ ~ ~~~ ~~6 collector and desirous of obtaining a collector's license No. 30, s. 10: shall deliver to the Commissioner or prescribed officer of police 3,n application in the prescribed form.

MERCANTILE. 9753 1921. Second-hand Wares Act. (2.) Upon such application, the Commissioner or such officer may issue a collector's license in the prescribed form. No such license shall be issued to any person under the age of sixteen y~ ars. (3.) Such license shall entitle the holder thereof to Effect and carry on the business of collector in all parts of the State, f:~: :l of and unless sooner cancelled shall continue in force for . one year from the date on which it is issued, but may on a similar application be renewed from year to year as the Commissioner thinks fit. (4.) There shall be payable in respect of every such license, and of every annual renewal thereof, the fee of two shillings and six pence. '4. Every licensed collector who- (i.) Does not, within seven days after being licensed, Collector to leave the address of his place of residence in le~ vead~ ress wrI.tI.ng, sI.gned by hI' m, W.ith t h- e polI'Ce 0 fficer aWnidthrpeoploicrte in charge of the police station nearest to the ~ Ss~ \ 90& place of such address, and also within the same N~ " 30; , period report himself and exhibit his license to ss. 11,12. such officer; (ii.) Whenever and so often as he changes his place Change of of re . siden ' ce fails to notify by . writi ' ng signed a n d o ~ t r if e i s e s d t t o o be by bIm, such change to the pohce officer afore- police. said within seven days after such change; (iii. ) Without reasonable excuse, the proof whereof License to be s , hall be - upon him , doe - s not at any time , pdreomdauncde.d on upon demand, produce his license to any police officer or to any person from whom he has within twenty-four hours previously bought or offered to buy, or collected or offered to collect, any second-hand wares; (iv.) Does not, unless he sooner sells the same to a Wares to be licensed dealer , keep all second-hand wares dkaeypst. for four (other than second-hand wares purchased from a licensed auctioneer, or bottles syphons or syphon tops purchased or received by him) in the same state and condition as they were in when so purchased or received for four days at least next after such purchase or receipt, or, if he sells the same within the said period,

9754 Badges. To show same. To dcliverup same when he ceases to be licensed. Licenses not to be Ict out. Collectors to sell to licensed dealers only. Trade names. Collectors to observe certain hours. Vehicles to have address on them. Two perRons only to attend vehicle. Entry on premises. To depart when directed. MERCANTILE. Second-hand Wares Act. 12 GEO. V. No. 23, deliverthe same to the licensed dealer purchas- ing the same in the same state and condition as when purchased or received; (v.) Fails to wear such badge as may be prescribed; (vi.) Fails to show such b'adge when and so often as is prescribed; (vii.) 'Within one week after he ceases to be licensed, fails t.o deliver up his badge to the police officer in charge ot the police station nearest to his place of residence at the time when he ceases to be licensed; (viii.) Lends or Jets out on hire his license to any person whether licensed or not; (ix.) Sel1s or otherwise disposes of any second-hand wares other than bottles syphons or syphon tops to any person other than a licensed dealer; (x.) Sells or otherwise disposes of bottles syphons or syphon tops which bear in the substance thereof a registered trade mark or a trade name to any person other than a licensed dealer or the owner of such trade mark or trade name or his agent; (xi.) Carries on his business of collecting second- hand wares or of buying or selling the same before seven o'clock in the morning or after six o'clock at night; (xii.) Uses any vehicle for the purposes of his business which has not painted or marked u:r;on it, in snch manner and with such letters as may, be prescribed, a number and also the name in full and the address of the owner thereof, whether the collector using the vehicle is the owner or not; (xiii.) Allows any person other than a licensed collector, or allows more than one licensed collector, to accompany him when using a vehicle in the business .of collect.ing second- hand wares; (xiv.) Enters any premises without the permission of the owner or occupier thereof; (xv.) Having entered upon any premises with or without the permission of the owner or

MERCANTILE. 9755 1921. Second-hand Wares Act. occupier thereof, neglects or refuses to imme- diately leave such premises when directed to do so by such owner or occupier or his servant or agent; (xvi.) Uses insulting or offensive language, or is Offensive guilty of insulting behaviour, whilst in pursuit ~ ~guB: ge or of his occupation as a collector in any place, e aVlOur. whether private or public; shall be liable to a penalty not exceeding ten pounds. On a second conviction for any offence against sub- Li~ ensewhen section (viii.) of this section, the offender's license shall : : ~ ~ n~ ln be from thenceforth revoked and void, and he shall be conviction. thenceforth incapable of holding a collector's license. Any person may arrest any offender against any of May be the provisions of subsection (xiv.), (xv.), or (xvi.) of this ~ ~ ~~ ~ ~ section, and deliver him into the custody oE any police warrant. officer. 5. Any person who- (i.) Acts' as a collector without being licensed; Collectors to be licensed. N.S.W.1912, No. 30, s. 13. (ii.) Hires or borrows or acts as a collector with or License under colour of any lico '-' nse issued to any other nboortrtoowbeed. person, or of any license in which his own real name is not inserted as the name of the person to whom the same is granted; (iii.) Purchases or recei ves from any collector any Unlawful second-hand wares in contravention of this speucrocnhdas-heaonfd Act; wares. (iv.) Unless he is a licensed collector, accompanies No one but an . y vehicle then being used in the business of aololilocecntmsedto collecting second-hand wares; accompany vehicle. (V.) Unless he is a licensed collector, wears for the Unlawful use purpose of passing as a licensed collector, or of badge. for the purpose of engaging in or assisting in carrying on the business of a collector, any badge prescribed; shall be liable to a penalty not exceeding twenty pounds. On a second conviction for any offence against sub- section (ii.) of this section, the person so convicted shall be rendered incapable of being licensed as a collector.

9756 MERCANTILE. Second-hand Wares Act. 12 GEO. V. No. 23, Dealers. Dea.lers mURt 6. Any person who carries on business as a dealer ~ ~ ~ ~ ~ ~ ~ ~ ~ 6, without being licensed w to do under this Act shall be No. 30, s. 3. liable to a penalty not exceeding twenty pounds. Application 7. (1.) A dealer's license in the prescribed form may [ ~ ~ ~ : ea~ ; ' s be granted, and a transfer thereof to any person or transfer. premises may be permitted, by the Commissioner or lb. S~. 4,1>, 7. prescribed officer of police. Such license unless sooner cancelled shall remain in force for one year from the date on which it was issued~ but may on application in the prescribed manner be renewed from year to year as the Commissioner thinks fit. Proposed (2.) Every application for permission to transfer a t b r e a a nsf p c~ e p eto h d c ea a le n r' t s . l · lcense to any pere ~ on shall be made by the proposed transferee. Endorse- (3.) When the transfer of a dealer's license to any ~ ~ ~i~ : ion person or premises is permitted, the fact and date of such to transfer. permission, and the name and description of the person to whom or description of the premises to which the license is permitted to be transferred, shall be endorsed upon such license; and the person named as the transferee or the premises described in such endorsement shall thereupon and thenceforth for nIl purposes be deemed to be the person to whom or the premises in respect of which the license was granted. Fee. (4.) The sum of one pound shall be payable for every dealer's licem:e or renewal thereof. The sum of five shillings shall be payable in respect of the transfer of such license. Name, &c., to be painted on outside of premise~. lb. ss. 8, 9. Entry to I:e made on letting vchicle. 8. Every licensed dealer who- (i.) Does not cause to be painted and kept painted~ in such manner as may be pres::ribed, his name in full and the words "licensed dealer in second-hand wares" upon some conspicuous part of the outside of the premises in respect of which his license is granted; (ii.) Fails to enter in a book, to be kept by him in the prescribed form, the name of every person to whom he lends or lets on hire, whether gratuitously or otherwise, any vehicle and the other particulars therein mentioned;

MERCANTILE. 9757 1921. Second-hand Wares Act. (iii. ) Fails to enter· in a book, to be kept by him Book to be i ~ n ec t o h n ed-phraenscdriwbeadrefsorams , haen f arcOclonutnI . tmoef atoll stIu . mche pkwuearprcethssahsoewdin ,) g Y becomes possessed of, giving the particulars received. therein mentioned; (iv. ) Fails to enter in a book, to be kept by him Book to be in the prescribed form , an account of all such kweapretsshsoowldinogr second-hand wares as he frqm time to time sells disposed of. or disposes of, giving the particulars therein mentioned; (v. ) Fails to produce to any police officer, upon Production request, any book. or books prescribed to be of books, &c. kept by him, and any second-hand wares purchased or received by him then in his possession; (vi.) Does not, without delay, give notice to the Dealer to Police officer on duty at the . po . lice stat . io . n iwnhfoenrmarptI,? Cllicee nearest to any place where he carrIes on bUSI- supposed to npoessEs esosfl.OnanaynSaWrteicrI. lneg wt hheichdeScCorm. Ipe.tlsOnin 0 to f ahniys pcb' aeJmsssteeosmlseitnoonl.ll.S article described as having been stolen or fraudulently obtained in any written or printed 01' oral information given to him by any police officer; .(vii.) Does not keep all second-hand wares (except Form of bottles, syphons, Of 8y- r -Dil0l1 ton r s purcha,sod or s \v ec a o re n s d- n h o tant 0 d received by him, and second..hand wares pur- be changed chased from a licensed auctioneer) without for five days. changing the form in which they were when so purchased or disposing of the same in any way for a period of five days after such second- hand wares have been purchased or received; (viii. ) Carries on the business of a dealer upon any Dealer to. other premises than those to which his license lc! C. aerrllyse°dn m applies; premises only. (ix. ) At any time, upon demand made to him, upon Dealer to any part of the premises upon which he carries roduce on the business of a dealer, by any police !Cellse. officer, refuses or (without reasonable excuse the proof whereof shall lie upon him) fails to produce and show to such officer his license in force at the time of such demand;

9758 MERCANTILE- Second-hand Wares Act. 12 GEO. V. No. 23, Hiring vehicles to collectors only. Not to make excessive charge. (x.) Lends or lets on hire any vehicle to any person other than a licensed collector; (xi.) Charges for the use or hire of any vehicle any sum exceeding the maximum amount prescribed; Second-hand wares not to be purchased from children. (xii.) By himself or any other person on his behalf, purchases or receives any second-hand wares from any person apparently under the age of sixteen years; Restriction on purchase or receipt of second-hand wares. (xiii.) By himself or any other person on his behalf, purchases or receives any second-hand wares of any description before the hour of seven o'clock in the morning or after the hour of six 0' clock in the evening; Age of employees. (xiv.) Employs any person under the age of eighteen years to purchase or receive second-hand wares of any description; shall be liable to a penalty not exceeding ten pounds. Police,. ~c. , 9. Any police officer above the rank of senior con- . : ' ~ e; ~ ~ lt stable may, at any time by day or night, demand entrance premises. into the place of business of any dealer or the appurten- ~ N . o S . . 3 W 0 . , 1 s 9 . 0 2 6 0 , . ances thereof, and inspect the second-hand wares and books of any dealer therein, and may record, in the books by this Act required to be kept, the day and hour of his visit and write his initials or name opp03ite the entry relating to any ar:ticle examined by him. If, after demand, admittance is refused or is delayed for such time as makes it appear that wilful delay was intended, the offender shall be liable to a penalty not exceeding fifty pounds; and such police officer may break into such place of business or the appurtenances thereof. Police m~ y 10. Any justice, upon complaint made before him tboeasueathrcohnsed by any person that the complainant has reason to believe dealer's and does believe that any second-hand wares stolen or p lb ro . m s. is 2 e 1 s . . unlawfully obtained are kept in any house, shop, room, or place by any dealer, may, by warrant, authorise any police officer, with such assistance as may be necessary, to enter such house, shop, room, or place, either by day or night, and to search for and seize all such second-hand wares there found, and to carry them before the same or some other justice.

MERCANTILE. 9759 1921. Second-hand Wares Act. .Such justice shall thereupon issue a summons requir- ing such dealer to appear before such justices as may be present at a time and place to be named in such summons, and if such dealer does not then and there prove to the satisfaction of such justices how he came by such second- hand wares, or if it is proved to the satisfaction of such justices that at the time such dealer received such second- hand wares, or any of them, he had reasonable cause to believe them or some of them to have been stolen or unlawfully obtained, then and in either of such cases such dealer shall be liable to a penalty not exceeding twenty pounds or, at the discretion of such justices, to imprison- ment for any period not exceeding six months: Provided that nothing herein contained shall interfere with or affect any proceeding as for an indictable offence .to which such dealer may be liable for receiving stolen goods, but no person shall be prosecuted for an indictable offence and proceeded against under this Act upon the same facts. 11. vVhen any person offers to any dealer, his servant Suspicious or agent, by wa,y of sale 'or exchange, any second-hand offering of wares or any 0 t . her ar t l · C Ies- g N o . o S d .W s. .1906, (a) If such person refuses or iR not able to give No. 30, s. 22. a satisfactorv account of himself or how he became poss~ssed of such wares or articles,' or wilfully gives any false information to the dealer or to his servant or agent as to whether the same are his property or not, or of his name or place of residence, or of the name or place of residence of the owher of the f::ame; or (b) If there is any other reason to suspect that such wares or articles are stolen or otherwise unlawfully obtained; such dealer or his servant or agent may arrest such person and seize such wares or articles, and deliver him into the custody of a police officer, who ~ hall take such person and wares or articles in due course before a court to be dealt with according to law. If, upon examination and inquiry, it appears to the satisfaction of the court that the said wares or articles were stolen or unlawfully obtained, such person shall be liable to a penalty not exceeding twenty-five pounds ::>r to imprisonment for any period not exceeding six 'llonths. j

9760 MERCANTILE. Second-hand Wares Act. 12 GEO. V. No. 23, Miscellaneous. Ceasing to 12. Every person ceases to be licensed on the expira- be licensed. tion or revocation of his license. N.S.W.1906, . No. 30, s. 14. Licenses 13.. A Court may, on the complaint of any person mrevaoykbede_ against any licensed person that he has been guilty of any lb. s. 18. . violation of any of the provisions of this Act, or that such person is in any other respect unfit to hold a license, revoke such license. . Presumption 14. (1.) In any complaint or other proceeding under t u h n al l ~ Cpeenrsseod. ns this Act, any allegation that any person is unlicensed need lb. ss. 15 to not be proved, and such person shall be deemed to be 17. unlicensed until the contrary is proved by the production of a license or otherwise. Possession of (2.) Second-hand wares shall be deemed to be in the second-hand possession of a dealer when they are placed in any house, wares. outhouse, yard, garden, or place occupied by him, or have been removed with his knowledge and permission to any other place without a bona fide sale of such second-hand wares having been made by him. ' Entries in dealer's books deemed made by him. (3.) Every entry in any book kept or belonging to any dealer, or found on his licensed premises, shall be deemed, unless the contrary is shown, to have been made by or with the authority of such dealer. Hearing of 15. All proceedings for penalties and for the revoca- complaints. tion of any license under this Act may be heard and determined by complaint in a summary way before a court. Regulations. . 16. The Governor in Council may from. time to lb. s. 24. time, on the recommendation of the Commissioner, make all such regulations as may be deemed necessary or convenient for carrying into full effect the provisions of this Act. Without limiting the generality of the foregoing pro- vision, regulations may be made with respect to all or any of the following matters:- Licenses. (i.) The form, manner and place of registration of licenses, renewals, revocations, and other matters requiring registration under this Act, where not specially provided for in this Act;

MERCANTILE. 9761 1921. Second-hand Wares Act. (ii.) Means for circulating throughout Queensland Lists. or any part thereof lists of licenses and revo- cations thereof; r (iii. The badges to be used or worn by collectors, Badges. and the position and manner in which the same shall be worn; (iv.) The manner in which any vehicle used by any Vehicles. collector shall be painted or otherwise dis- tinguished, and the mode of painting or other- wise marking the name and address of the owner, whether a collector or dettler, upon such vehicle and of numberinp' and marking the number upon any vehicle; the maximum amount which may be taken by any dealer from a collector for the use or hire of any vehicle; (v.) The manner and situation in which the names Dealers' of dealers shall be painted upon the licensed siglls. premises; (vi.) Imposing penalties not exceeding twenty Penalties. pounds for the breach of any regulation; (vii.) All such observances as are not specifically GenemJly. provided for in this Act and which the Governor in Council considers it desirable that collectors and dealers should comply with in carrying on their business. All such regula~ ions, upon being published in the Gazette and laid beforo both Houses of Parliament for thirty days, if not disallowed by either House of Parlia- ment, shall be valid in law as if the same were enacted by this Act, and shall be 'judicially noticed. 1