{"id":"nsw:sl-2024-0418","name":"Scrap Metal Industry Regulation 2024","slug":"scrap-metal-industry-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"418 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174535,"registerId":"nsw-sl-2024-0418-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Scrap Metal Industry Regulation 2024](/view/html/inforce/current/sl-2024-0418).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Scrap Metal Industry Regulation 2016](/view/html/repealed/current/sl-2016-0776), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> Australian driver licence has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> foreign driver licence has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> officer has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Photo Card has the same meaning as in the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020).\n> \n> the Act means the [Scrap Metal Industry Act 2016](/view/html/inforce/current/act-2016-042).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General provisions","content":"# Part 2 General provisions\n\nPart 2 General provisions","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed number of days for rebuttable presumption","content":"#### 4 Prescribed number of days for rebuttable presumption\n\n4 Prescribed number of days for rebuttable presumption\n\n> For the Act, section 4A, the prescribed number of days is 6 days.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed registration information","content":"#### 5 Prescribed registration information\n\n5 Prescribed registration information\n\n> > (1) For the Act, section 6(2), definition of registration information, paragraph (e), the following are prescribed—\n> > \n> > > (a) if the business is carried on by an individual or in partnership—\n> > > \n> > > > (i) the primary identity information for the individual or each individual in the partnership, and\n> > > \n> > > > (ii) certified copies of 2 identity documents for the individual or each individual in the partnership, and\n> > > \n> > > > (iii) the primary identity information for the manager of each scrap metal yard used by the dealer, and\n> > > \n> > > > (iv) certified copies of 2 identity documents for the manager of each scrap metal yard used by the dealer,\n> > \n> > > (b) if the business is carried on by a corporation—\n> > > \n> > > > (i) the primary identity information for each officer of the corporation, and\n> > > \n> > > > (ii) certified copies of 2 identity documents for each officer of the corporation, and\n> > > \n> > > > (iii) the date and place of birth of the manager of each scrap metal yard used by the dealer, and\n> > > \n> > > > (iv) certified copies of 2 identity documents for the manager of each scrap metal yard used by the dealer,\n> \n> > (2) For subsection (1), an individual—\n> > \n> > > (a) must rely on at least 1 identity document that contains the individual’s photograph, and\n> > \n> > > (b) must not rely on an identity document that—\n> > > \n> > > > (i) has expired, other than an Australian passport that has been expired for less than 2 years, or\n> > > \n> > > > (ii) has been cancelled.\n> \n> > (3) In this section—\n> > \n> > identity document means any of the following documents—\n> > \n> > > (a) a birth certificate issued by a State or Territory,\n> > \n> > > (b) a citizenship certificate issued by the Commonwealth,\n> > \n> > > (c) an Australian driver licence,\n> > \n> > > (d) a passport issued by the Commonwealth that is current or has been expired for less than 2 years,\n> > \n> > > (e) a passport issued by a foreign government that contains—\n> > > \n> > > > (i) the name, date of birth and photograph of the person in whose name the document is issued, and\n> > > \n> > > > (ii) the person’s passport number, country of issue, and date of expiry,\n> > \n> > > (f) a Photo Card,\n> > \n> > > (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,\n> > \n> > > (h) a marriage certificate issued by a State or Territory,\n> > \n> > > (i) the following issued by the Commonwealth—\n> > > \n> > > > (i) a health care card,\n> > > > \n> > > > Examples—\n> > > > \n> > > > a Health Care Card, a Commonwealth Seniors Health Card, an Ex-Carer Allowance (Child) Health Care Card, a Foster Child Health Care Card or a Low Income Health Care Card\n> > > \n> > > > (ii) a Medicare Card,\n> > > \n> > > > (iii) a pensioner concession card,\n> > > \n> > > > (iv) a certificate of registration by descent,\n> > > \n> > > > (v) a document that can be used as evidence of immigration status,\n> > > > \n> > > > Example—\n> > > > \n> > > > an ImmiCard\n> > > \n> > > > (vi) a veteran card,\n> > > > \n> > > > Examples—\n> > > > \n> > > > a Veteran Gold Card, a Veteran White Card or a Veteran Orange Card\n> > > \n> > > > (vii) an aviation security identification card,\n> > > \n> > > > (viii) a maritime security identification card.\n> > \n> > place of birth, of a person, means—\n> > \n> > > (a) if the person was born in Australia—the State or Territory, and the suburb or town, in which the person was born, or\n> > \n> > > (b) if the person was born in a country outside Australia—the person’s country of birth.\n> > \n> > primary identity information, for a person, means—\n> > \n> > > (a) the person’s name, and any previous names of the person, and\n> > \n> > > (b) the person’s date and place of birth.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed registration fee","content":"#### 6 Prescribed registration fee\n\n6 Prescribed registration fee\n\n> For the Act, section 7, the prescribed fee is $260.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Particulars to be included in certificate of registration","content":"#### 7 Particulars to be included in certificate of registration\n\n7 Particulars to be included in certificate of registration\n\n> For the Act, section 9(1), the following particulars are prescribed—\n> \n> > (a) the registration number allocated to the certificate of registration,\n> \n> > (b) the date of registration.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Exemption from requirement to include registration information in certificates of registration—the Act, s 28(2)(a)","content":"#### 8 Exemption from requirement to include registration information in certificates of registration—the Act, s 28(2)(a)\n\n8 Exemption from requirement to include registration information in certificates of registration—the Act, s 28(2)(a)\n\n> Registration information other than the registration information under the Act, section 6(2)(a)–(d) is exempt from the requirement under the Act, section 9(1)(a).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Circumstances in which registration may be refused, suspended or revoked","content":"#### 9 Circumstances in which registration may be refused, suspended or revoked\n\n9 Circumstances in which registration may be refused, suspended or revoked\n\n> > (1) For the Act, section 11A(1), the prescribed circumstances are that—\n> > \n> > > (a) the scrap metal dealer has committed a relevant offence, or\n> > \n> > > (b) the Commissioner believes on reasonable grounds that the scrap metal dealer is likely to commit a relevant offence, or\n> > \n> > > (c) if the scrap metal dealer is a corporation—\n> > > \n> > > > (i) an officer of the corporation has committed a relevant offence, or\n> > > \n> > > > (ii) the Commissioner believes on reasonable grounds that an officer of the corporation is likely to commit a relevant offence.\n> \n> > (2) In this section—\n> > \n> > relevant offence means an offence against the Act or this regulation.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Photo identification for transaction records","content":"#### 10 Photo identification for transaction records\n\n10 Photo identification for transaction records\n\n> > (1) For the Act, section 16(1)(b)(i), the following are prescribed—\n> > \n> > > (a) an Australian driver licence,\n> > \n> > > (b) a foreign driver licence that—\n> > > \n> > > > (i) is written in English or accompanied by an English translation, and\n> > > \n> > > > (ii) contains the individual’s date of birth, address and photograph,\n> > \n> > > (c) a Photo Card,\n> > \n> > > (d) 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.\n> \n> > (2) For subsection (1), an individual must not rely on photo identification that—\n> > \n> > > (a) has expired, or\n> > \n> > > (b) has been cancelled.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Exemption from requirement to keep record of unique identifier of motor vehicle—the Act, s 28(2)(a)","content":"#### 11 Exemption from requirement to keep record of unique identifier of motor vehicle—the Act, s 28(2)(a)\n\n11 Exemption from requirement to keep record of unique identifier of motor vehicle—the Act, s 28(2)(a)\n\n> A scrap metal dealer is exempt from the requirement under the Act, section 16(1)(e) if, before the transaction that relates to the vehicle occurred, the vehicle was crushed, cubed or shredded.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Display of certificate of registration—the Act, s 28(2)(b)","content":"#### 12 Display of certificate of registration—the Act, s 28(2)(b)\n\n12 Display of certificate of registration—the Act, s 28(2)(b)\n\n> A scrap metal dealer must ensure that a copy of the certificate of registration for the business carried on by the dealer is conspicuously displayed in the main office of each scrap metal yard used by the dealer in carrying on the business.\n> \n> Maximum penalty—10 penalty units.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Savings and transitional provisions—the Act, s 28(4)","content":"# Part 3 Savings and transitional provisions—the Act, s 28(4)\n\nPart 3 Savings and transitional provisions—the Act, s 28(4)","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Savings","content":"#### 13 Savings\n\n13 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Scrap Metal Industry Regulation 2016](/view/html/repealed/current/sl-2016-0776), had effect under that regulation continues to have effect under this regulation.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Contraventions register","content":"#### 14 Contraventions register\n\n14 Contraventions register\n\n> The contraventions register may include information held by the Commissioner before the commencement of this section.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Registration information","content":"#### 15 Registration information\n\n15 Registration information\n\n> > (1) An existing scrap metal dealer must give the Commissioner any additional registration information for the registered business carried on by the scrap metal dealer by 1 December 2024.\n> \n> > (2) If an existing scrap metal dealer fails to give the additional registration information under subsection (1), the Commissioner may, by written notice, suspend the registration of the business.\n> \n> > (3) In this section—\n> > \n> > existing scrap metal dealer means a scrap metal dealer who, at the commencement of this section, is carrying on a registered business.\n> > \n> > additional registration information, for a registered business, means the registration information for the business under the Act, section 6(2)(c1), (d1), (d2) and (e) that the scrap metal dealer carrying on the business has not, at the commencement, already given the Commissioner.\n> \n> **s 15:** Ins 2024 (417), Sch 1.","sortOrder":17},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 5 | $5,500 |\n| Section 8 | $220 |\n| Section 12 | $1,100 |\n| Section 12A | $220 |\n| Section 13 | $550 |\n| Section 14 | $5,500 |\n| Section 15(4) | $5,500 |\n| Section 16(1) and (2) | $550 |\n| Section 19(1) | $2,200 |\n| Offences under this regulation |\n| Section 12 | $220 |","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication of scope change from original intent. The regulation appears to be a straightforward remake or continuation of scrap metal industry oversight rules, consistent with the standard 5-year cycle for NSW subordinate legislation. No amendments are recorded between the initial version (23 August 2024) and the current in-force version (1 September 2024), suggesting only a minor administrative commencement adjustment rather than a substantive scope change."},"complexity_factors":["Only administrative/status metadata was provided — no substantive provisions were included in the text, making full complexity assessment impossible","As a regulation (subordinate legislation) rather than a primary Act, it operates within a pre-established legal framework, which adds a layer of cross-referencing","The subject matter (scrap metal industry regulation) typically involves identity verification, record-keeping and payment rules that can have moderate compliance complexity for businesses","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a time-limited dimension to compliance planning"],"plain_english_summary":"This NSW regulation, in force from 1 September 2024, governs the scrap metal industry and affects dealers, recyclers, and buyers/sellers of second‑hand metal in NSW. It targets metal theft by imposing controls commonly seen in this area — record‑keeping, ID/ownership checks, limits on cash payments, and dealer registration.\n\nThe text supplied is the administrative notice only; the regulation’s operative provisions aren’t included. It expires automatically on 1 September 2029 unless renewed."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of regulating the scrap metal industry to prevent theft and ensure proper record-keeping. The 2024 version updates identity verification requirements and adds transitional provisions, but remains within the scope of the enabling Scrap Metal Industry Act 2016."},"complexity_factors":["Multiple cross-references to parent Act (Scrap Metal Industry Act 2016) and other legislation (Road Transport Act 2013, Corporations Act 2001, Photo Card Act 2005)","Nested definitions in section 5 with 8 categories of identity documents and sub-categories (e.g., specific Commonwealth cards with examples)","Conditional logic for different business structures (individuals/partnerships vs corporations) in registration requirements","Specific exemptions with conditions (e.g., section 11 exemption for crushed vehicles, section 8 exemption for certain registration information)","Transitional provisions requiring existing dealers to provide additional information by a specific deadline (1 December 2024)","Interaction between rebuttable presumptions, penalty units, and penalty notice schedules"],"plain_english_summary":"This regulation sets the rules for scrap metal dealers in New South Wales. It replaces the 2016 version and tightens up who can register as a dealer and what records they must keep.\n\n**What it does:**\n- **Registration requirements**: Scrap metal dealers must provide detailed identity information when registering their business. This includes photo ID, birth certificates, passports, or other government documents for business owners, partners, or company officers. Yard managers must also provide their details.\n- **Fees**: Sets the registration fee at $260.\n- **Transaction records**: Dealers must record specific photo ID details from people they buy scrap metal from—driver licences, Photo Cards, or proof of age cards. Expired or cancelled ID is not acceptable.\n- **Vehicle tracking exemption**: Dealers don't need to record a vehicle's unique identifier (like a VIN) if the car was already crushed or shredded before they bought it.\n- **Display rules**: Dealers must display their registration certificate prominently in each yard's main office.\n- **Enforcement**: The Commissioner can refuse, suspend, or cancel a dealer's registration if they commit offences or are likely to do so.\n- **Penalty notices**: Lists specific fines for offences—ranging from $220 to $5,500—for things like operating unregistered, failing to keep proper records, or not displaying certificates.\n\n**Who it affects:**\n- Scrap metal dealers and their employees\n- People selling scrap metal (who must show valid photo ID)\n- The Commissioner for Fair Trading (who administers the scheme)\n\n**Why it matters:**\nThis regulation helps combat metal theft by creating a paper trail for scrap metal transactions. It ensures dealers know who they're buying from and can be traced if stolen goods are sold. The 2024 update adds more detailed identity verification requirements and transitional rules for existing dealers to comply by December 2024."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The regulation replaces the 2016 regulation (commencement s 2) and introduces new or clarified registration requirements: prescribed registration information and certified identity-document requirements (s 5), a $260 registration fee (s 6), prescribed photo-ID for transactions (s 10), a 6‑day rebuttable presumption (s 4), display and recordkeeping rules (ss 11–12), explicit grounds for refusal/suspension/revocation tied to relevant offences (s 9), and transitional rules requiring existing dealers to provide additional registration information by 1 December 2024 with suspension for non-compliance (s 15). These provisions expand procedural and evidentiary obligations on dealers and managers compared with merely preserving prior effect (s 13)."},"complexity_factors":["Cross-references to the Scrap Metal Industry Act 2016 and other statutes (Road Transport Act 2013, Corporations Act 2001, Photo Card Act 2005) that affect definitions and application (see s 3 and notes).","Different registration and identity-document requirements depending on business form (individual/partnership versus corporation) with separate requirements for officers and yard managers (s 5(1)).","Detailed list of acceptable identity documents with exceptions (e.g. expired Australian passports <2 years allowed) and photographic ID rules for transactions (s 5(3); s 10).","Requirement for certified copies of identity documents increases administrative/compliance burden (s 5(1)(a)(ii), (b)(ii)).","Commissioner discretion to refuse, suspend or revoke registration based on commission or belief of likely commission of relevant offences, including officer conduct in corporations (s 9).","Transitional obligation for existing dealers to supply additional registration information by a fixed deadline (1 Dec 2024) with suspension power for non‑compliance (s 15).","Specified rebuttable presumption period (6 days) that affects presumption timing in enforcement (s 4).","Targeted exemptions and narrow recordkeeping carve-outs (vehicle-unique-identifier exemption if vehicle was crushed, cubed or shredded) require factual assessment at transaction time (s 11).","Specified display obligation for certificates of registration with an express penalty amount (s 12 and Schedule 1).","Penalty notice schedule mapping multiple Act and regulation provisions to set monetary amounts, requiring administrators to match offences to penalty amounts (Schedule 1)."],"plain_english_summary":"This regulation updates what scrap metal dealers must provide, keep and display to be registered: it prescribes the required identity documents and manager information, sets a $260 registration fee, specifies acceptable photo ID for transactions, creates exemptions and lists penalty notice amounts. It replaces the 2016 regulation and imposes transitional rules requiring existing dealers to give additional registration information by 1 December 2024. Dealers pay the fee and bear the compliance burden; the Commissioner gains discretion to refuse, suspend or revoke registrations for relevant offences."}},"importantCases":[],"_links":{"self":"/api/acts/scrap-metal-industry-regulation-2024","history":"/api/acts/scrap-metal-industry-regulation-2024/history","analysis":"/api/acts/scrap-metal-industry-regulation-2024/analysis","conflicts":"/api/acts/scrap-metal-industry-regulation-2024/conflicts","importantCases":"/api/acts/scrap-metal-industry-regulation-2024/important-cases","documents":"/api/acts/scrap-metal-industry-regulation-2024/documents"}}