Scrap Metal Industry Regulation 2024 (2024-418) (NSW)

Scrap Metal Industry Regulation 2024

Part 1 Preliminary

1 Name of regulation This regulation is the Scrap Metal Industry Regulation 2024.

2 Commencement This regulation commences on 1 September 2024.

Note— This regulation replaces the Scrap Metal Industry Regulation 2016, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions In this regulation— Australian driver licence has the same meaning as in the Road Transport Act 2013. foreign driver licence has the same meaning as in the Road Transport Act 2013. officer has the same meaning as in the Corporations Act 2001 of the Commonwealth. Photo Card has the same meaning as in the Photo Card Act 2005. the Act means the Scrap Metal Industry Act 2016.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 General provisions

4 Prescribed number of days for rebuttable presumption For the Act, section 4A, the prescribed number of days is 6 days.

5 Prescribed registration information (1) For the Act, section 6(2), definition of registration information, paragraph (e), the following are prescribed— (a) if the business is carried on by an individual or in partnership— (i) the primary identity information for the individual or each individual in the partnership, and (ii) certified copies of 2 identity documents for the individual or each individual in the partnership, and (iii) the primary identity information for the manager of each scrap metal yard used by the dealer, and (iv) certified copies of 2 identity documents for the manager of each scrap metal yard used by the dealer, (b) if the business is carried on by a corporation— (i) the primary identity information for each officer of the corporation, and (ii) certified copies of 2 identity documents for each officer of the corporation, and (iii) the date and place of birth of the manager of each scrap metal yard used by the dealer, and (iv) certified copies of 2 identity documents for the manager of each scrap metal yard used by the dealer, (2) For subsection (1), an individual— (a) must rely on at least 1 identity document that contains the individual's photograph, and (b) must not rely on an identity document that— (i) has expired, other than an Australian passport that has been expired for less than 2 years, or (ii) has been cancelled. (3) In this section— identity document means any of the following documents— (a) a birth certificate issued by a State or Territory, (b) a citizenship certificate issued by the Commonwealth, (c) an Australian driver licence, (d) a passport issued by the Commonwealth that is current or has been expired for less than 2 years, (e) a passport issued by a foreign government that contains— (i) the name, date of birth and photograph of the person in whose name the document is issued, and (ii) the person's passport number, country of issue, and date of expiry, (f) a Photo Card, (g) a proof of age card, however described, issued by a public authority of the Commonwealth or another State or Territory for the purpose of attesting to an individual's identity and age, (h) a marriage certificate issued by a State or Territory, (i) the following issued by the Commonwealth— (i) a health care card,