Second Hand Dealers and Pawnbrokers Exemption Regulations by mikeholy

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									                          Version No. 001
    Second-Hand Dealers and Pawnbrokers
        (Exemption) Regulations 2008
                           S.R. No. 141/2008
                   Version as at 21 December 2008


                     TABLE OF PROVISIONS
Regulation                                                               Page
  1     Objective                                                           1
  2     Commencement                                                        1
  3     Authorising provision                                               1
  4     Revocation                                                          1
  5     Definition                                                          1
  6     Circumstances in which second-hand dealers are exempt               2
  7     Circumstances in which certain financial institutions are exempt    3
  8     Specified exempt persons                                            3
  9     Exempt goods                                                        4
                           __________________

SCHEDULE—Exempt Goods                                                      5
                           ═══════════════

ENDNOTES                                                                   6
1. General Information                                                     6
2. Table of Amendments                                                     7
3. Explanatory Details                                                     8




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                Version No. 001
Second-Hand Dealers and Pawnbrokers
    (Exemption) Regulations 2008
                S.R. No. 141/2008

          Version as at 21 December 2008

 1 Objective
        The objective of these Regulations is to exempt
        certain persons and goods from the application of
        the whole or certain provisions of the Second-
        Hand Dealers and Pawnbrokers Act 1989.
 2 Commencement
        These Regulations come into operation on
        21 December 2008.
 3 Authorising provision
        These Regulations are made under section 31 of
        the Second-Hand Dealers and Pawnbrokers Act
        1989.
 4 Revocation
        The following Regulations are revoked—
         (a) the Second-Hand Dealers and Pawnbrokers
             (Exemption) Regulations 20061;
         (b) the Second-Hand Dealers and Pawnbrokers
             (Exemption) (Amendment) Regulations
             20072.
 5 Definition
        In these Regulations—
        the Act means the Second-Hand Dealers and
             Pawnbrokers Act 1989.




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       Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008

r. 6                            S.R. No. 141/2008

          6 Circumstances in which second-hand dealers are
            exempt
              (1) A second-hand dealer is exempted from the
                  application of the whole of the Act—
                    (a) when carrying on business exclusively for or
                        on behalf of any charitable, benevolent or
                        philanthropic organisation; or
                    (b) when carrying on business at any event
                        known as an antique fair which is conducted
                        exclusively for or on behalf of any
                        charitable, benevolent or philanthropic
                        organisation.
              (2) A second-hand dealer is exempted from the
                  application of section 19 of the Act if the person
                  attempting to sell the second-hand goods to the
                  second-hand dealer previously purchased those
                  goods from the second-hand dealer.
              (3) A second-hand dealer is exempted from the
                  application of section 19(1) of the Act if—
                    (a) the second-hand dealer arranges by means of
                        electronic communication to purchase
                        second-hand goods from a person; and
                    (b) the second-hand dealer requires the person to
                        provide evidence as to the person's identity
                        by means of a copy of a document—
                           (i) referred to in section 19 of the Act; or
                          (ii) that is in a category prescribed for the
                               purposes of that section.
                         Note
                         See regulation 8 of the Second-Hand Dealers and
                         Pawnbrokers Regulations 2008.




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Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008

                       S.R. No. 141/2008                           r. 7


   7 Circumstances in which certain financial
     institutions are exempt
       (1) Section 3(2) of the Act does not apply to goods
           received by—
             (a) a financial sector entity within the meaning
                 of the Financial Sector (Collection of Data)
                 Act 2001 of the Commonwealth; or
             (b) an authorised deposit-taking institution
                 within the meaning of the Banking Act 1959
                 of the Commonwealth; or
             (c) a bank constituted under the law of the
                 Commonwealth or of a State or Territory.
       (2) The Act does not apply to goods sold by a
           financial institution referred to in subregulation
           (1)(a), (b) or (c) in the course of, or ancillary to,
           the carrying on of its business—
             (a) that have become second-hand goods by
                 reason of being used in the course of a rental
                 business conducted by the financial
                 institution; or
             (b) that are sold by the financial institution for
                 the purpose of enforcing securities over
                 those goods.
   8 Specified exempt persons
       (1) Savers Australia Pty Ltd ACN 116 995 594 is
           exempted from the application of Part 2 and
           sections 19, 20 and 21 of the Act.
       (2) James Equipment Pty Ltd ACN 120 745 851 is
           exempted from the application of the whole of the
           Act.




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       Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008

r. 9                          S.R. No. 141/2008

          9 Exempt goods
              (1) Second-hand goods that are of a class set out in
                  the Schedule are exempted from the application of
                  the whole of the Act.
              (2) The following second-hand goods are exempted
                  from the application of section 21(1) of the Act—
                    (a) an engine constructed for use as a motor
                        tractor; and
                    (b) a motor vehicle constructed so that its engine
                        is used to drive or operate an agricultural,
                        construction or earthmoving implement
                        forming an integral part of the motor vehicle.
                          __________________




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   Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008

                            S.R. No. 141/2008                                   Sch.



                              SCHEDULE
                                                             Regulation 9(1)

                           EXEMPT GOODS
 Item
  1.    Goods collected under a local government recycling scheme
  2.    Clothing, including footwear
  3.    Kitchenware, including pots, pans and crockery (but not electrical or
        electronic appliances)
  4.    Cutlery, where the price paid for the goods by the second-hand
        dealer does not exceed $50
  5.    Glassware (including bottles), where the price paid for the goods by
        the second-hand dealer does not exceed $50
  6.    Cans of any kind
  7.    Waste plastic materials
  8.    Waste paper materials
  9.    Salvaged building materials including doors, window frames, tiles,
        bricks and timber
 10.    Domestic white goods, including refrigerators, freezers, washing
        machines, clothes driers, ovens and ironing presses (but not portable
        or camping refrigerators or microwave ovens)
 11.    Factory seconds
 12.    Books, magazines and periodicals
 13.   Ferrous and non-ferrous scrap metal (excluding goods containing
       copper, gold or silver)
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

                          ═══════════════




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                Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008

Endnotes                               S.R. No. 141/2008


                                         ENDNOTES

           1. General Information
             The Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008,
             S.R. No. 141/2008 were made on 25 November 2008 by the Governor in
             Council under section 31 of the Second-Hand Dealers and Pawnbrokers
             Act 1989, No. 54/1989 and came into operation on 21 December 2008:
             regulation 2.
             The Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
             will sunset 10 years after the day of making on 25 November 2018 (see
             section 5 of the Subordinate Legislation Act 1994).




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     Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008

                              S.R. No. 141/2008                              Endnotes


2. Table of Amendments
  There are no amendments made to the Second-Hand Dealers and
  Pawnbrokers (Exemption) Regulations 2008 by statutory rules, subordinate
  instruments and Acts.




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                  Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008

Endnotes                                    S.R. No. 141/2008


           3. Explanatory Details

             1
                 Reg. 4(a): S.R. No. 94/2006. Subsequently amended by S.R. No. 107/2007.
             2
                 Reg. 4(b): S.R. No. 107/2007.




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