{"id":"scrap-metal-dealers-act-2025","name":"Scrap Metal Dealers Act 2025","slug":"scrap-metal-dealers-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109854,"registerId":"sa-scrap-metal-dealers-act-2025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Scrap Metal Dealers Act 2025","content":"South Australia\nScrap Metal Dealers Act 2025\nAn Act to regulate the scrap metal industry, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tMeaning of scrap metal and prescribed scrap metal\n5\tMeaning of prescribed scrap metal dealer\n6\tPresumption of carrying on business of buying and selling prescribed scrap metal\n7\tApplication of Act\n8\tCriminal intelligence\nPart 2—Prescribed scrap metal dealers\n9\tDisqualification from carrying on business of buying and selling prescribed scrap metal\n10\tInterim disqualification\n11\tNotification of intention to carry on business etc\n12\tNotification of change of information\n13\tRegister\nPart 3—Dealing in prescribed scrap metal\n14\tProhibition on certain forms of payment for prescribed scrap metal\n15\tProhibition on advertising certain forms of payment for prescribed scrap metal\n16\tRecords of certain prescribed scrap metal transactions\n17\tVerification of identity\n18\tDuty to report and retain stolen prescribed scrap metal\nPart 4—Enforcement\nDivision 1—Authorised officers\n19\tAuthorised officers\n20\tPowers of authorised officers\n21\tGeneral provisions relating to exercise of powers\nPart 5—Review of certain decisions\n22\tReview of certain decisions\nPart 6—Miscellaneous\n23\tFalse or misleading information\n24\tStatutory declaration\n25\tLiability for act or omission of officer, employee or agent\n26\tOffences by bodies corporate\n27\tSelf-incrimination\n28\tLimitation of liability etc\n29\tAnnual report\n30\tEvidentiary\n31\tConfidentiality\n32\tVictimisation\n33\tRegulations and fee notices\n34\tReview of Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Scrap Metal Dealers Act 2025.\n2—Commencement\n\t(1)\tThis Act comes into operation on a day to be fixed by proclamation.\n\t(2)\tSection 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act or to a provision of this Act.\n3—Interpretation\n\t(1)\tIn this Act—\nbuy includes—\n\t(a)\tbuy under an agreement to sell; or\n\t(b)\treceive under an agreement to sell; or\n\t(c)\taccept under an agreement to sell; or\n\t(d)\toffer to receive or accept under an agreement to sell; or\n\t(e)\tcause or permit any of the above to be done;\nCommissioner of Police means the Commissioner of Police or the person for the time being acting in the office of Commissioner of Police;\ncriminal 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;\ndirector of a body corporate includes—\n\t(a)\ta 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\n\t(b)\tany person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;\ndisqualified, from carrying on a business of buying and selling prescribed scrap metal, includes disqualification under an interim disqualification notice;\npremises means—\n\t(a)\tany land, building or structure; or\n\t(b)\tany vehicle;\nprescribed electrical and telecommunication fixtures and fittings means electrical and telecommunication fixtures and fittings (including, to avoid doubt, cabling, switchboards, lights, poles and related infrastructure), or electrical and telecommunication fixtures and fittings of a class, prescribed by the regulations;\nprescribed hot water system means a hot water system, or hot water system of a class, prescribed by the regulations;\nprescribed organisation and member of a prescribed organisation have the same meanings as in the Tattooing Industry Control Act 2015;\nprescribed rail fixtures and fittings means railway or tramway fixtures and fittings, or railway or tramway fixtures and fittings of a class, prescribed by the regulations;\nprescribed scrap metal—see section 4;\nprescribed scrap metal dealer—see section 5;\nprescribed water meter means a water meter, or water meter of a class, prescribed by the regulations;\nscrap metal—see section 4;\nsell includes—\n\t(a)\tsell by wholesale, retail, auction or tender; or\n\t(b)\tbarter or exchange; or\n\t(c)\tsupply for profit or gain; or\n\t(d)\toffer for sale, receive for sale or expose for sale; or\n\t(e)\tconsign or deliver for sale; or\n\t(f)\thave in possession for sale; or\n\t(g)\tcause or permit any of the above to be done;\nTribunal means the South Australian Civil and Administrative Tribunal.\n\t(2)\tFor the purposes of this Act, 2 persons are close associates if—\n\t(a)\t1 is a spouse, parent, brother, sister or child of the other; or\n\t(b)\t1 is a domestic partner of the other (within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not); or\n\t(c)\tthey are members of the same household; or\n\t(d)\tthey are in partnership; or\n\t(e)\tthey are related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or\n\t(f)\t1 has a right to participate (other than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or\n\t(g)\t1 is in a position to exercise control or significant influence over the conduct of the other.\n\t(3)\tFor the purposes of subsection (2), 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.\n4—Meaning of scrap metal and prescribed scrap metal\n\t(1)\tFor the purposes of this Act, an item will be taken to be scrap metal if the item—\n\t(a)\tis metal, or contains or includes a substantial proportion of metal; and\n\t(b)\tis either—\n\t(i)\tused, discarded, abandoned, broken, worn out or at the end of its useful life; or\n\t(ii)\tan item, or an item of a class, prescribed by the regulations,\nor both.\n\t(2)\tHowever, an item (whether an item referred to in subsection (1) or otherwise) will be taken not to be scrap metal if the item, or a class of items to which the item belongs, is declared by the regulations not to be scrap metal.\n\t(3)\tFor the purposes of this Act, scrap metal consisting of or including any of the following items or classes of items will be taken to be prescribed scrap metal:\n\t(a)\tcatalytic converters;\n\t(b)\titems comprised of copper (whether in a pure form or otherwise);\n\t(c)\tprescribed electrical and telecommunication fixtures and fittings;\n\t(d)\tprescribed hot water systems;\n\t(e)\tprescribed rail fixtures and fittings;\n\t(f)\tprescribed water meters;\n\t(g)\tany other item, or item of a class, prescribed by the regulations.\n\t(4)\tHowever, an item referred to in subsection (3) will be taken not to be prescribed scrap metal if the item is declared by the regulations not to be prescribed scrap metal.\n5—Meaning of prescribed scrap metal dealer\n\t(1)\tFor the purposes of this Act, a person is a prescribed scrap metal dealer if—\n\t(a)\tthe person carries on the business of buying or selling prescribed scrap metal; or\n\t(b)\tthe person undertakes any other activity in relation to prescribed scrap metal of a kind prescribed by the regulations.\n\t(2)\tHowever, the following persons (being persons who are genuinely acting in the course of their business or employment) will not be taken to be prescribed scrap metal dealers, or to be carrying on a business of buying or selling prescribed scrap metal merely because they buy or sell prescribed scrap metal in the ordinary course of their business or employment:\n\t(a)\tlicensed electricians, plumbers, gas fitters, builders or other tradespeople;\n\t(b)\ta person operating a vehicle collision repair, vehicle mechanical repair or auto‑electrician business;\n\t(c)\tan employee of a person referred to in a preceding paragraph;\n\t(d)\tany other person, or person of a class, prescribed by the regulations.\n\t(3)\tTo avoid doubt, subsection (2)(b) does not include a person operating an automotive dismantling business.\n\t(4)\tSubsection (2) does not apply in relation to a person, or person of class, or in circumstances, prescribed by the regulations.\n6—Presumption of carrying on business of buying and selling prescribed scrap metal\n\t(1)\tFor the purposes of this Act, a person will be taken to be carrying on a business of buying and selling prescribed scrap metal, and will be taken to be a prescribed scrap metal dealer, if the person buys or sells prescribed scrap metal (or both) on not less than 12 occasions within a 12 month period.\n\t(2)\tIf in proceedings for an offence against this Act it is established that, within the period of 12 months immediately preceding the date of the alleged offence, the defendant bought or sold prescribed scrap metal on more than the prescribed number of days, it will be presumed, in the absence of proof to the contrary, that the defendant was carrying on a business of buying and selling prescribed scrap metal, and was a prescribed scrap metal dealer, on the date of the alleged offence.\n\t(3)\tHowever, nothing in this section limits the ways in which a person may carry on a business of buying and selling prescribed scrap metal.\n\t(4)\tIn this section—\nprescribed number of days means—\n\t(a)\tif the regulations prescribe a number of days for the purposes of this section—that number; or\n\t(b)\tin any other case—12.\n7—Application of Act\n\t(1)\tThe provisions of this Act are in addition to and do not derogate from the provisions of the Second-hand Dealers and Pawnbrokers Act 1996, the Second-hand Vehicle Dealers Act 1995 or any other Act or law.\n\t(2)\tIn particular, nothing in this Act prevents—\n\t(a)\ta person who may lawfully buy or sell second‑hand goods (within the meaning of the Second-hand Dealers and Pawnbrokers Act 1996) under that Act from doing so; or\n\t(b)\ta person who may lawfully buy or sell second‑hand vehicles (within the meaning of the Second-hand Vehicle Dealers Act 1995) under that Act from doing so.\n\t(3)\tHowever, nothing in the Second-hand Dealers and Pawnbrokers Act 1996, the Second-hand Vehicle Dealers Act 1995 or any other Act or law authorises a person who is disqualified from carrying on a business of buying and selling prescribed scrap metal under this Act to carry on such a business.\n8—Criminal intelligence\n\t(1)\tInformation 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, the Tribunal, a court or a person to whom the Commissioner of Police authorises its disclosure.\n\t(2)\tIf the Commissioner of Police, the Tribunal or a court—\n\t(a)\tmakes a decision under this Act; and\n\t(b)\tthe decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence,\nthe Commissioner of Police, the Tribunal or the court (as the case requires) 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 prescribed scrap metal dealer.\n\t(3)\tIn any proceedings relating to this Act, the Tribunal or the court determining the proceedings—\n\t(a)\tmust, 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 the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay 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.\n\t(4)\tThe 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.\nPart 2—Prescribed scrap metal dealers\n9—Disqualification from carrying on business of buying and selling prescribed scrap metal\n\t(1)\tA person must not carry on a business buying and selling prescribed scrap metal if the person is disqualified under this Act from doing so.\nMaximum penalty: $50 000.\n\t(2)\tA person is disqualified from carrying on a business of buying and selling prescribed scrap metal if—\n\t(a)\tthe person is, or was at any time within the preceding 5 years, a member of a prescribed organisation; or\n\t(b)\tthe person is, or was at any time within the preceding 5 years, a close associate of a member of a prescribed organisation or a person subject to a control order under the Serious and Organised Crime (Control) Act 2008; or\n\t(c)\tthe person is found guilty, or has within the preceding 10 years been found guilty, of an offence prescribed by the regulations for the purposes of this section; or\n\t(d)\tthe person is an undischarged bankrupt or subject to a composition or deed or scheme of arrangement for the benefit of creditors; or\n\t(e)\tthe person has, during the preceding 5 years, been a director of a body corporate wound up for the benefit of creditors—\n\t(i)\twhen the body was being so wound up; or\n\t(ii)\twithin the period of 6 months preceding the commencement of the winding up.\n\t(3)\tThe Commissioner of Police may, by notice in writing served personally (a disqualification notice), disqualify a person from carrying on a business of buying and selling prescribed scrap metal if the Commissioner of Police believes, on reasonable grounds—\n\t(a)\tthat the person—\n\t(i)\thas been in possession of stolen prescribed scrap metal on at least 3 separate occasions during the previous 12 months; and\n\t(ii)\tdid not, on any of those occasions, notify a police officer in respect of the prescribed scrap metal under section 18; or\n\t(b)\tthat such an action is appropriate for the purpose of averting, eliminating or minimising a risk, or a perceived risk, to the safety of members of the public; or\n\t(c)\tthat to allow the person to deal in prescribed scrap metal, or to continue to deal in prescribed scrap metal, would otherwise not be in the public interest.\n\t(4)\tA disqualification notice has effect from the date specified in the notice and continues in force—\n\t(a)\tindefinitely; or\n\t(b)\tfor the period specified in the notice; or\n\t(c)\tuntil the notice is revoked in accordance with this or any other Act,\nwhichever is the sooner.\n\t(5)\tSubject to this section, a disqualification notice given by the Commissioner of Police—\n\t(a)\tmust state the ground or grounds on which the notice has been given; and\n\t(b)\tmust contain a statement advising the recipient that they are entitled to seek a review of the Commissioner of Police's decision to give the notice in accordance with this Act; and\n\t(c)\tmust contain such other information as may be required by the regulations.\n\t(6)\tA statement of the grounds on which a disqualification notice has been issued must not contain information that is classified by the Commissioner of Police as criminal intelligence (however a failure to comply with this subsection does not invalidate a disqualification notice).\n10—Interim disqualification\n\t(1)\tThe Commissioner of Police may, by notice in writing served personally (an interim disqualification notice) and in accordance with any requirements in the regulations, disqualify a person from carrying on a business buying and selling prescribed scrap metal if the Commissioner of Police believes on reasonable grounds—\n\t(a)\tthat the person—\n\t(i)\thas been in possession of stolen prescribed scrap metal on at least 3 separate occasions during the previous 12 months; and\n\t(ii)\tdid not, on any of those occasions, notify a police officer in respect of the prescribed scrap metal under section 18; and\n\t(b)\tthat a disqualification notice is likely to be given to the person under section 9(3); and\n\t(c)\tthat it is not in the public interest for the person to deal in prescribed scrap metal, or to continue to deal in prescribed scrap metal, during the period of the interim disqualification.\n\t(2)\tAn interim disqualification notice has effect from the date specified in the notice and continues in force—\n\t(a)\tfor the period specified in the notice (not exceeding 30 days); or\n\t(b)\tuntil the notice is revoked; or\n\t(c)\tuntil the person on whom the notice is served is disqualified under section 9,\nwhichever is the sooner.\n\t(3)\tSubject to this section, an interim disqualification notice—\n\t(a)\tmust state the ground or grounds on which the notice has been given; and\n\t(b)\tmust contain a statement advising the person to whom it is given that they are entitled to seek a review of the Commissioner of Police's decision to give the notice in accordance with this Act; and\n\t(c)\tmust contain such other information as may be required by the regulations.\n\t(4)\tA statement of the grounds on which an interim disqualification notice has been issued must not contain information that is classified by the Commissioner of Police as criminal intelligence (however a failure to comply with this subsection does not invalidate an interim disqualification notice).\n\t(5)\tThe Commissioner of Police must not give an interim disqualification notice within 30 days of the expiry of a previous interim disqualification notice.\n11—Notification of intention to carry on business etc\n\t(1)\tA person who proposes to commence to carry on a business of buying and selling prescribed scrap metal must, at least 1 month before so commencing, give the Commissioner of Police written notice of that fact.\nMaximum penalty: $2 500.\n\t(2)\tA person who, on or after the commencement of this section, carries on a business buying and selling prescribed scrap metal must give the Commissioner of Police written notice of that fact—\n\t(a)\tin the case of a person who is carrying on such a business immediately before the commencement of this section—within 1 month of the commencement of this section; or\n\t(b)\tin any other case—within 1 month of commencing to carry on such a business.\nMaximum penalty: $2 500.\n\t(3)\tHowever, subsection (2) does not apply to a person, or persons of a class, prescribed by the regulations.\n\t(4)\tA notice under this section must—\n\t(a)\tbe made in a manner and determined by the Commissioner of Police; and\n\t(b)\tcontain such information as may be required by the regulations; and\n\t(c)\tmust be accompanied by the prescribed fee; and\n\t(d)\tmust comply with any other requirements set out in the regulations.\n12—Notification of change of information\n\t(1)\tA person who provides information to the Commissioner of Police under section 11 must notify the Commissioner of Police of any change in the information so provided.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tA notification under subsection (1) must be made—\n\t(a)\tin a manner and form determined by the Commissioner of Police; and\n\t(b)\tas soon as is reasonably practicable (and in any case within 14 days) after the change.\n13—Register\n\t(1)\tThe Commissioner of Police must, in accordance with any requirements in the regulations, keep a register for the purposes of this Act consisting of the following parts:\n\t(a)\ta part relating to persons who have given the Commissioner of Police notice of their intention to commence carrying on a business of buying and selling prescribed scrap metal under section 11(1);\n\t(b)\ta part relating to persons who have given the Commissioner of Police notice that they are carrying on a business of buying and selling prescribed scrap metal under section 11(2);\n\t(c)\ta part relating to persons who are disqualified from carrying on a business of buying and selling prescribed scrap metal under this Act.\n\t(2)\tTo avoid doubt, the register may be kept in an electronic form. \n\t(3)\tThe part of the register referred to in subsection (1)(a) must include, in relation to each person entered on the register—\n\t(a)\tthe person's full name, personal address and proposed business address (if any); and\n\t(b)\tany other information required by the regulations,\nand may include other information as the Commissioner of Police thinks fit.\n\t(4)\tThe part of the register referred to in subsection (1)(b) must include, in relation to each person entered on the register—\n\t(a)\tthe person's full name, personal address and business address (if any); and\n\t(b)\tany other information required by the regulations,\nand may include other information as the Commissioner of Police thinks fit.\n\t(5)\tThe part of the register referred to in subsection (1)(a) must include, in relation to each disqualified person—\n\t(a)\tthe person's full name, personal address and business address (if any); and\n\t(b)\tin the case of a person to whom a disqualification notice applies—the expiry date (if any) of the disqualification notice; and\n\t(c)\tany other information required by the regulations,\nand may include other information as the Commissioner of Police thinks fit.\n\t(6)\tThe register may be inspected in accordance with the regulations (which may limit or prohibit access to the register or a specified part of the register).\nPart 3—Dealing in prescribed scrap metal\n14—Prohibition on certain forms of payment for prescribed scrap metal\n\t(1)\tA person must not, when buying prescribed scrap metal, pay for the prescribed scrap metal—\n\t(a)\tin cash; or\n\t(b)\tby cheque payable to cash; or\n\t(c)\twith cryptocurrency; or\n\t(d)\tby a prepaid credit, debit or gift card (however described); or\n\t(e)\tin kind with goods or services.\nMaximum penalty: \n\t(a)\tfor an individual—$10 000;\n\t(b)\tfor a body corporate—$25 000.\nExpiation fee: $500.\n\t(2)\tSubsection (1) does not apply to a purchase of prescribed scrap metal in circumstances prescribed by the regulations.\n15—Prohibition on advertising certain forms of payment for prescribed scrap metal\n\t(1)\tA person must not advertise, or otherwise offer or indicate, that they are willing to pay for prescribed scrap metal—\n\t(a)\tin cash; or\n\t(b)\tby cheque payable to cash; or\n\t(c)\twith cryptocurrency; or\n\t(d)\tby a prepaid credit, debit or gift card (however described); or\n\t(e)\tin kind with goods or services.\nMaximum penalty: \n\t(a)\tfor an individual—$2 500;\n\t(b)\tfor a body corporate—$25 000.\nExpiation fee: $210.\n\t(2)\tSubsection (1) does not apply in the circumstances prescribed by the regulations.\n16—Records of certain prescribed scrap metal transactions\n\t(1)\tThis section applies to the following transactions:\n\t(a)\tthe sale of prescribed scrap metal to a prescribed scrap metal dealer (other than where the seller is also a prescribed scrap metal dealer);\n\t(b)\tany other transaction, or transactions of a class, prescribed by the regulations,\nhowever, this section does not apply a transaction occurring in the circumstances prescribed by the regulations.\n\t(2)\tA prescribed scrap metal dealer must, in accordance with any requirements set out in the regulations, make and keep records in respect of each transaction to which this section applies.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tA prescribed scrap metal dealer must, in accordance with any requirements set out in the regulations, provide to the Commissioner of Police the information required by the regulations in respect of each transaction to which this section applies.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n17—Verification of identity\n\t(1)\tThis section applies to the following transactions:\n\t(a)\tthe sale of prescribed scrap metal to a prescribed scrap metal dealer (other than where the seller is also a prescribed scrap metal dealer);\n\t(b)\tany other transaction, or transactions of a class, prescribed by the regulations,\nhowever, this section does not apply a transaction occurring in the circumstances prescribed by the regulations.\n\t(2)\tA prescribed scrap metal dealer must ensure that, in relation to each transaction to which this section applies, the prescribed scrap metal dealer verifies the identity of the seller in accordance with any requirements set out in the regulations.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n18—Duty to report and retain stolen prescribed scrap metal\n\t(1)\tIf a prescribed scrap metal dealer reasonably suspects that prescribed scrap metal bought or received by them is stolen or has otherwise been unlawfully obtained, the prescribed scrap metal dealer—\n\t(a)\tmust immediately notify a police officer of that suspicion; and\n\t(b)\tmust not, until the prescribed scrap metal dealer is given written notice under subsection (3)—\n\t(i)\tsell or otherwise dispose of the prescribed scrap metal; or\n\t(ii)\talter the form of the prescribed scrap metal.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA notification under subsection (1)(a)—\n\t(a)\tmust be in a manner and form determined by the Commissioner of Police; and\n\t(b)\tmust contain the information prescribed by the regulations.\n\t(3)\tA police officer who receives notification from a prescribed scrap metal dealer under this section must ensure that the prescribed scrap metal dealer is given written notice acknowledging receipt of the notification.\n\t(4)\tA police officer who reasonably suspects that prescribed scrap metal in the possession of a prescribed scrap metal dealer is stolen may, by notice in writing, direct the prescribed scrap metal dealer—\n\t(a)\tnot to sell or otherwise dispose of the prescribed scrap metal; or\n\t(b)\tnot to alter the form of the prescribed scrap metal.\n\t(5)\tA direction under subsection (4) takes effect from the time it is given to the prescribed scrap metal dealer and has effect for the period specified in the notice (not exceeding 14 days).\n\t(6)\tA person who, without reasonable excuse, contravenes a direction under subsection (4) is guilty of an offence.\nMaximum penalty: $50 000.\nPart 4—Enforcement\nDivision 1—Authorised officers\n19—Authorised officers\n\t(1)\tThe following persons are authorised officers for the purposes of this Act:\n\t(a)\tpolice officers;\n\t(b)\ta person, or a class of persons, authorised by the Commissioner of Police to be an authorised officer for the purposes of this Act.\n\t(2)\tAn authorisation under subsection (1)(b) may be made subject to conditions or limitations specified in the instrument of authorisation.\n\t(3)\tAn authorised officer under subsection (1)(b) must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer under this Act.\n\t(4)\tIf the powers of an authorised officer under subsection (1)(b) have been limited by conditions, the identity card issued to the authorised officer must indicate those conditions.\n\t(5)\tAn authorised officer (other than a police officer in uniform) must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority.\n\t(6)\tThe Commissioner of Police may, by notice in writing to the authorised officer, vary or revoke an authorisation under subsection (1)(b), or a condition or limitation of such an authorisation, on any grounds the Commissioner of Police thinks fit.\n20—Powers of authorised officers\n\t(1)\tSubject to this section, an authorised officer may at any time—\n\t(a)\tenter any premises, vehicle or vessel for the purposes of ascertaining whether the provisions of this Act are being complied with or have been contravened; and\n\t(b)\tif reasonably necessary for that purpose, break into or open any part of the premises, vehicle or vessel, or anything in or on the premises, vehicle or vessel; and\n\t(c)\tfor the purposes of paragraph (a) or (b), require the driver of any vehicle or the master of any vessel to stop that vehicle or vessel.\n\t(2)\tWhile an authorised officer is in or on any premises, vehicle or vessel pursuant to this section, the authorised officer may do 1 or more of the following:\n\t(a)\tinspect or search the premises or any equipment or other thing on the premises, vehicle or vessel;\n\t(b)\trequire any person to produce any books, papers or documents (including a written record that reproduces, in an understandable form, information stored electronically or by any other process) or any thing;\n\t(c)\trequire any person in or on the premises, vehicle or vessel to provide the officer with their full name and residential address;\n\t(d)\texamine any books, papers or documents (including a written record that reproduces, in an understandable form, information stored electronically or by any other process) and take extracts from any of them or make copies of any of them;\n\t(e)\texamine any thing;\n\t(f)\ttake and remove from the premises, vehicle or vessel samples of any thing;\n\t(g)\tcarry out any tests;\n\t(h)\ttake any photographs or films or make any audio or audiovisual record;\n\t(i)\tif the authorised officer suspects on reasonable grounds that an offence against this Act has been committed, seize and remove from the premises anything that the authorised officer has reasonable cause to suspect affords evidence of the offence;\n\t(j)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act—\n\t(i)\tto answer questions in relation to those matters; or\n\t(ii)\tto attend at a specified place at a specified time and answer questions in relation to those matters;\n\t(k)\tgive such directions as are reasonably necessary for, or incidental to, the effective exercise of the officer's powers under this Act.\n\t(3)\tAn authorised officer may not exercise the power of entry conferred by this section in relation to residential premises except—\n\t(a)\twith the consent of the occupier of the premises; or\n\t(b)\ton the authority of a warrant issued by a magistrate; or\n\t(c)\tif there are reasonable grounds to suspect that the premises are used on a continuing or regular basis for, or in connection with, carrying on a business of buying and selling prescribed scrap metal.\n\t(4)\tA magistrate must not issue a warrant under subsection (3) unless satisfied, on information given on oath—\n\t(a)\tthat there are reasonable grounds for suspecting that an offence against this Act has been, is being, or is about to be, committed; and\n\t(b)\tthat a warrant is reasonably required in the circumstances.\n\t(5)\tAn application for the issue of a warrant under this section—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n21—General provisions relating to exercise of powers\n\t(1)\tNothing in this Division derogates from—\n\t(a)\tthe power of a police officer to do anything pursuant to a general search warrant issued under the Summary Offences Act 1953; or\n\t(b)\tany other power a police officer may have under the Summary Offences Act 1953 or any other Act or law.\n\t(2)\tAn authorised officer may, in exercising powers under this Division, be accompanied by such persons as the authorised officer considers necessary or desirable in the circumstances.\n\t(3)\tA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person accompanying an authorised officer, in the exercise of the powers conferred by this Division; or\n\t(b)\trefuses or fails to comply with a requirement made under this Division,\nis guilty of an offence.\nMaximum penalty: $5 000.\nPart 5—Review of certain decisions\n22—Review of certain decisions\n\t(1)\tA person who is dissatisfied with a decision of the Commissioner of Police under this Act (other than a decision under section 19) may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tSubject to subsection (3), an application for review must be made within 28 days of the making of the relevant decision.\n\t(3)\tSubject to section 8—\n\t(a)\tthe Commissioner for Police must, if so required by the person seeking review under subsection (1), state in writing the reasons for the decision or direction in relation to which the review is sought; and\n\t(b)\tif the reasons of the Commissioner of Police are not given in writing at the time of the decision and the person (within 1 month of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\nPart 6—Miscellaneous\n23—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\nMaximum penalty: $20 000.\n24—Statutory declaration\nIf a person is required to provide information to the Commissioner of Police under this Act, the Commissioner of Police may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner of Police.\n25—Liability for act or omission of officer, employee or agent\nFor the purposes of this Act, an act or omission of an officer, employee or agent of a person carrying on a business will be taken to be an act or omission of that person unless it is proved that the officer, employee or agent acted outside the scope of their usual and ostensible authority.\n26—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of an offence against section 9(1) each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tThe regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations.\n27—Self-incrimination\nIf a person is required to answer a question, or to provide information or to produce a document, record or equipment, under this Act and the answer, information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless answer the question, or provide the information or produce the document, record or equipment, but the answer, information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings (other than for an offence against this or any other Act relating to the provision of false or misleading information).\n28—Limitation of liability etc\n\t(1)\tNo compensation or other payment is payable to a person with respect to the disqualification of the person as a prescribed scrap metal dealer under this Act.\n\t(2)\tNo civil or criminal liability attaches to the Crown, the Commissioner of Police or a person performing functions under this Act in respect of an act or omission in good faith in the performance, or purported performance, of a function under this Act.\n29—Annual report\n\t(1)\tThe Commissioner of Police must, on or before 31 October in each year, submit to the Minister a report on the operation of this Act during the period of 12 months ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 6 sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament.\n30—Evidentiary\nIn any legal proceedings, a certificate purporting to have been signed by the Commissioner of Police and certifying—\n\t(a)\tthat on a specified day, or during a specified period, a person was, or was not, disqualified from carrying on a business of buying or selling prescribed scrap metal under this Act; or\n\t(b)\tthat a specified item is, or is not, comprised primarily of copper; or\n\t(c)\tthat a specified item is, or is not, a catalytic converter; or\n\t(d)\tthat a specified item is, or is not, a prescribed water meter; or\n\t(e)\tthat a specified item is, or is not, a prescribed hot water system; or\n\t(f)\tthat a specified item is, or is not, a prescribed electrical fixture or fitting; or\n\t(g)\tthat a specified item is, or is not, a prescribed rail fixture or fitting,\nconstitutes proof of the matters so certified in the absence of proof to the contrary.\n31—Confidentiality\n\t(1)\tSubject to this Act, a person engaged or formerly engaged in the administration, operation or enforcement of this Act must not disclose personal information obtained (whether by that person or otherwise) in the course of performing functions or exercising powers under this Act except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this or any other Act; or\n\t(d)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(e)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person.\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000.\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.\n32—Victimisation\n\t(1)\tA person commits an act of victimisation against another person (the victim) if the person causes detriment to the victim on the ground, or substantially on the ground, that the victim—\n\t(a)\thas disclosed or intends to disclose information; or\n\t(b)\thas made or intends to make an allegation,\nthat has given rise, or could give rise, to proceedings against the person under this Act.\n\t(2)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(3)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(4)\tIn this section—\ndetriment includes—\n\t(a)\tinjury, damage or loss; and\n\t(b)\tintimidation or harassment; and\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to the victim's employment or business; and\n\t(d)\tthreats of reprisal.\n33—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act; and\n\t(b)\trequire prescribed scrap metal dealers to comply with a specified code of conduct or practice; and\n\t(c)\timpose a penalty, not exceeding $10 000, for contravention of a regulation; and\n\t(d)\tfix expiation fees, not exceeding $1 000, for alleged offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act, the commencement of specified provisions of this Act or the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner of Police or another specified entity; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified entity.\n\t(4)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(5)\tA fee notice may provide for the waiver, reduction or remission of fees.\n\t(6)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must published on a website determined by the Minister; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n34—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted, and a report on the review to be prepared and submitted to the Minister, after this Act has been in operation for a period of 1 year.\n\t(2)\tThe Minister must cause a copy of a report submitted under subsection (1) to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2025\n71\nScrap Metal Dealers Act 2025 \n4.12.2025\nuncommenced\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose of regulating the scrap metal industry. While it contains extensive regulation-making powers and cross-references to organised crime legislation, these are integral to the core scheme of preventing metal theft and criminal infiltration rather than scope creep. The one-year mandatory review (section 34) suggests a contained, experimental approach rather than uncontrolled expansion."},"complexity_factors":["Multiple nested definitions: 'scrap metal' → 'prescribed scrap metal' → 'prescribed scrap metal dealer', with each layer containing exceptions and regulation-dependent classes (sections 3-5)","Presumption with rebuttal: Section 6 creates a legal presumption of carrying on business after 12 transactions, but this is 'in the absence of proof to the contrary'—creating evidentiary complexity","Extensive cross-referencing: Links to Tattooing Industry Control Act 2015 (prescribed organisations), Serious and Organised Crime (Control) Act 2008 (control orders), Second-hand Dealers and Pawnbrokers Act 1996, Second-hand Vehicle Dealers Act 1995, and Corporations Act 2001","Criminal intelligence carve-outs: Special procedural rules in sections 8, 9(6), 10(4), and 22(3) create parallel decision-making tracks depending on whether intelligence is classified","Conditional exemptions: Section 5(2) exempts tradespeople 'genuinely acting in the course of their business', but section 5(4) allows regulations to override this, and section 5(3) specifically excludes automotive dismantlers from the auto-repair exemption","Dual enforcement pathways: Administrative disqualification (sections 9-10) running parallel to criminal offences, with different review rights and evidentiary standards","Regulation-dependent operation: At least 15 provisions delegate substantive matters to regulations (payment exceptions, prescribed items, record-keeping details, fees, etc.)","Director liability with different fault standards: Section 26 distinguishes between absolute liability with due diligence defence (s.26(1)) and positive fault elements (s.26(2))"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a licensing and regulatory scheme for scrap metal dealers in South Australia, specifically targeting those who trade in high-risk \"prescribed scrap metal\" (like copper, catalytic converters, railway equipment, and water meters). It aims to crack down on metal theft—particularly infrastructure theft that endangers public safety—by making the industry more transparent and traceable.\n\n**Who it affects:**\n\n- **Prescribed scrap metal dealers**: Anyone buying or selling high-risk scrap metal (12+ times a year creates a legal presumption you're in business)\n- **Excluded tradespeople**: Licensed electricians, plumbers, builders, and mechanics are generally exempt if they're genuinely acting in their ordinary trade\n- **Police**: The Commissioner of Police runs the show—maintaining registers, issuing disqualification notices, and classifying criminal intelligence\n- **Sellers of scrap metal**: Anyone selling copper, catalytic converters, or other prescribed items to dealers\n\n**Key requirements:**\n\n- **Registration**: Dealers must notify police before starting business and keep details updated\n- **Payment restrictions**: **No cash, no crypto, no gift cards**—payments must be traceable (bank transfer, cheque to named recipient, etc.)\n- **Record-keeping**: Dealers must verify sellers' identities and keep detailed transaction records\n- **Stolen goods protocol**: Dealers must immediately report suspected stolen metal to police and hold it until cleared\n- **Disqualification powers**: Police can ban people from the industry for organised crime links, repeated handling of stolen goods, bankruptcy, or public safety risks—including immediate 30-day interim bans\n\n**Why it matters:**\n\nMetal theft costs millions and endangers lives (think: stolen railway signals, live copper cables, fire hydrants). By banning anonymous cash transactions and creating a paper trail, the law makes it harder to fence stolen metal. The disqualification powers target organised crime infiltration of the scrap trade—a known problem in Australia. The \"criminal intelligence\" provisions (sections 8, 9, 10) are particularly significant: police can use sensitive intelligence to ban someone without revealing sources, with special Tribunal procedures to protect that secrecy.\n\n**Notable features:**\n\n- **Reverse onus**: If you trade prescribed scrap metal 12+ times in a year, you're presumed to be a dealer and must comply\n- **Director liability**: Company directors face personal criminal liability if their business breaks the law\n- **No compensation**: If you're banned from the industry, you can't claim damages for lost business\n- **Sunset review**: The whole scheme gets reviewed after one year of operation"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was an error message from the SA legislation website, not the Act itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe link provided does not lead to the actual text of the *Scrap Metal Dealers Act 2025* (SA). Instead, it returns a **\"Page Not Found\"** error from the South Australian legislation website. This appears to be a broken or outdated hyperlink, likely affected by a website update that occurred on **24 March 2026**.\n\n**What this means for you:** No analysis of the Act's content, obligations, or impact is possible from the material provided. If you need to understand this law, you should:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name\n- Contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Consult a South Australian lawyer familiar with licensing or trade regulation\n\n**Note:** Based on the title alone, a *Scrap Metal Dealers Act* would typically regulate people and businesses that buy and sell scrap metal — often to reduce theft of metal infrastructure (like copper wiring or manhole covers). Such laws commonly require dealer registration, record-keeping of transactions, and restrictions on cash payments."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"No earlier version or original-intent document was supplied, so a comparison against an antecedent scope cannot be made. The Act itself sets its operative scope by listing prescribed items and by giving the Governor/Minister power to alter classes and exemptions via regulations (see ss4(3)-(4), s5(1)-(2), s33). The Act also creates a statutory presumption that frequent sellers (eg 12+ occasions in 12 months unless changed by regs) are dealers (s6), which expands operational coverage depending on how regulations and enforcement are applied."},"complexity_factors":["Broad and partly open-ended definitions with regulatory layering: key categories (scrap metal; prescribed scrap metal; prescribed scrap metal dealer) are defined but may be expanded or narrowed by regulations (s3, s4(3)-(4), s5(1)-(2), s33).","High administrative burden on dealers: mandatory pre-notification/registration, update obligations, transaction records, identity verification and reporting of suspected stolen goods with multiple monetary penalties and expiation fees (ss11–13,16–17,18).","Substantial Commissioner of Police discretion over disqualification (including interim measures) and reliance on \"criminal intelligence\" that may be withheld from affected persons and tribunals (s9(3), s10, s8).","Strong enforcement powers for authorised officers including entry, search, seizure, forensic testing and compelled answers; residential entry limited but with warrant and business-use exceptions (ss19–21,20(1)-(4)).","Commercial constraints from payment and advertising prohibitions (cash, cheque to cash, cryptocurrency, prepaid cards, in‑kind) that change transaction mechanics and recordkeeping (ss14–15).","Evidentiary and confidentiality mechanisms that shift proof burdens and limit disclosure (Commissioner certificates and restricted disclosure of criminal intelligence) (ss8,30,31).","Corporate and director liability rules that create potential reverse-onus or due-diligence obligations for directors where a body corporate commits offences (s26).","Regulatory flexibility and delegations: regulations can exempt classes, incorporate codes/standards, fix penalties/fees and vest discretionary determinations in the Commissioner (s33).","Limited review pathways constrained by secrecy: review to the Tribunal is available but may be curtailed where decisions rely on classified criminal intelligence (ss22,8(2)-(3))."],"plain_english_summary":"This Act creates a regulatory regime for dealers of certain listed \"prescribed scrap metal\" (eg catalytic converters, copper and specified fixtures). It requires people who trade that metal regularly to notify the Commissioner of Police, register, keep transaction records, verify sellers' identity, report suspected stolen items and bans specified payment methods (cash, crypto, prepaid cards, in kind). The Commissioner of Police may inspect, seize, issue interim or permanent disqualification notices and rely on confidential \"criminal intelligence\" in making decisions (see ss4,6,11–18,19–21,8,9)."}},"importantCases":[],"_links":{"self":"/api/acts/scrap-metal-dealers-act-2025","history":"/api/acts/scrap-metal-dealers-act-2025/history","analysis":"/api/acts/scrap-metal-dealers-act-2025/analysis","conflicts":"/api/acts/scrap-metal-dealers-act-2025/conflicts","importantCases":"/api/acts/scrap-metal-dealers-act-2025/important-cases","documents":"/api/acts/scrap-metal-dealers-act-2025/documents"}}