Second-hand Dealers and Pawnbrokers Act 1996 (SA)

South Australia Second-hand Dealers and Pawnbrokers Act 1996 An Act to regulate second-hand dealers and pawnbrokers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act 5 Non-derogation 5A Criminal intelligence Part 2—Second-hand dealers 6 Disqualification from carrying on business as second-hand dealer 6A Further powers of Commissioner of Police to disqualify person from carrying on business as second-hand dealer 7 Notification by dealers or proposed dealers 8 Records of second-hand goods 9 Labelling of second-hand goods 10 Retention of second-hand goods before sale 11 Where second-hand goods suspected of being stolen 12 Powers of entry and inspection in relation to second-hand goods Part 3—Provisions of special application to pawnbrokers 13 Pawn tickets 14 Redemption period and sale of pawned goods at end of redemption period Part 4—Second-hand markets 15 Notification by operator of second-hand market 16 Records to be kept by operator of second-hand market 17 Powers of entry and inspection in relation to second-hand market Part 5—Miscellaneous 18 No contracting out 19 Offence to purchase goods or accept pawn from child 20 False or misleading information 21 General defence 22 Liability for act or default of officer, employee or agent 23 Service of documents 24 Evidentiary provision 25 Continuing offence 26 Offences by directors of bodies corporate 27 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Second-hand Dealers and Pawnbrokers Act 1996. 3—Interpretation (1) In this Act, unless the contrary intention appears— Commissioner of Police means the Commissioner of Police or the person for the time being acting in the office of Commissioner of Police; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety; director of a body corporate includes— (a) a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (b) any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; goods means any form of personal property except intangible property or live animals; pawnbroker means a person who carries on the business of— (a) lending money on the security of pawned goods; or (b) receiving goods under a contract for sale where the seller has a right to buy back the goods; prescribed organisation and member of a prescribed organisation have the same meanings as in the Tattooing Industry Control Act 2015; redemption period, in relation to pawned goods, means the period of one month, or such longer period as is agreed between the pawnbroker and the person entitled to redeem the goods, during which the pawnbroker must not part with possession of the goods (see section 14(1)); second-hand dealer means a person who carries on the business of buying or selling second-hand goods either as a principal or agent and includes a pawnbroker; second-hand goods means goods that have been used, or taken from other goods that have been used, for a purpose not connected with their manufacture or sale; second-hand market means a market at which second-hand goods are sold (whether or not any other goods are also sold there), but does not include a market at which all of the second-hand goods are offered for sale by auction by an auctioneer who sells the goods on behalf of another and who complies with the requirements of the regulations; sell includes— (a) barter or exchange; or (b) offer, or expose, for sale, barter or exchange; or (c) cause or permit to be offered, or exposed, for sale, barter or exchange, and sale has a corresponding meaning; stolen goods includes goods obtained by any unlawful means. (2) For the purposes of this Act— (a) second-hand goods will be regarded as being in the possession of a second-hand dealer when they are at any premises or place that is occupied by, or is under the control of, the dealer or when they are in any vehicle that is under the control of the dealer; and (b) if a pawnbroker receives goods under a contract for sale where the seller has a right to buy back the goods— (i) the contract will be taken to be a contract of pawn; and (ii) the price at which the goods are to be sold under the contract will be taken to be the amount lent; and (iii) the difference between the amount lent and the price at which the goods may be bought back will be taken to be the interest payable; and (iv) the right to buy back the goods will be taken to be a right to redeem the goods; and (c) a person who arranges for the holding of a second-hand market will be taken to operate the market. (3) For the purposes of this Act, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person. (4) For the purposes of this Act, 2 persons are close associates if— (a) 1 is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or (e) 1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (f) 1 is in a position to exercise control or significant influence over the conduct of the other. 4—Application of Act (1) The Governor may, by regulation, modify or exclude the application of this Act in relation to persons, goods or transactions of a specified class. (2) The Minister may, by notice in writing to a person— (a) exempt the person from the application of this Act or a specified provision of this Act (either unconditionally or subject to conditions); (b) vary or revoke a notice under this section. 5—Non-derogation (1) The provisions of this Act are in addition to and do not derogate from the provisions of any other Act. (2) The provisions of this Act do not limit or derogate from any civil remedy at law or in equity. 5A—Criminal intelligence (a1) Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure. (1) If the Commissioner of Police— (a) disqualifies a person from commencing or continuing to carry on business as a second-hand dealer under Part 2, or refuses to revoke a disqualification under that Part; and (b) the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence, the Commissioner of Police is not required to provide any grounds or reasons for the decision other than that it would be contrary to the public interest if the person were to carry on business as a second‑hand dealer. (2) In any proceedings relating to this Act, the court determining the proceedings— (a) must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of, or relating to, information that is so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent. (3) The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.