Second-hand Dealers and Pawnbrokers Act 1994 (Tas)

Second-hand Dealers and Pawnbrokers Act 1994

An Act to regulate the businesses of second-hand dealers and pawnbrokers and to repeal the Pawnbrokers Act 1857 and the Second-hand Dealers Act 1905 [Royal Assent 16 December 1994]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Second-hand Dealers and Pawnbrokers Act 1994 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – goods means any form of personal property except intangible property; pawnbroker means a person who carries on the business of advancing money on the security of pledged goods; promoter means a person who operates a second-hand goods market or makes arrangements for any such market to be held; repealed Act means an Act repealed by this Act; second-hand dealer means a person who carries on the business of buying or selling, or otherwise dealing in, second-hand goods, either as a principal or agent, but does not include – (a) a real estate agent, or a general auctioneer, within the meaning of the Property Agents and Land Transactions Act 2016 ; or (b) a person who, under subsection (3) , is exempted from the operation of this Act; second-hand goods means goods that have been used for a purpose not connected with their manufacture or sale or that have been taken from other goods used for any such purpose; second-hand goods market means a market at which second-hand goods are sold, whether or not any other goods are also sold in the market; sell includes – (a) barter or exchange; and (b) offer or expose for sale, barter or exchange; and (c) cause or permit to be offered or exposed for sale, barter or exchange; stolen goods includes goods obtained by unlawful means; vehicle means a motor vehicle as defined in the Vehicle and Traffic Act 1999 or a trailer as defined in that Act; vessel means a vessel within the meaning of the Marine Act 1976 . (2) For the purposes of this Act, second-hand goods are to be taken as being in the possession of a second-hand dealer when they are at any premises or place that is occupied by him or her or is under his or her control or when they are in a vehicle that is under his or her control. (3) The Minister may, by order published in the Gazette, exempt from the operation of this Act a person, a class of persons or persons who are engaged in a trade specified in the order.