{"id":"a-1906-30","name":"Second-hand Dealers Act 1906","slug":"second-hand-dealers-act-1906","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"30 of 1906","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24352,"registerId":"act-a-1906-30-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Second-hand Dealers Act 1906","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSecond-hand Dealers Act 1906\nA1906-30\nRepublication No 15\nEffective: 22 August 2017\nRepublication date: 22 August 2017\nLast amendment made by A2017-4\n(republication for amendments by A2016-46)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Second-hand Dealers Act 1906 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 August 2017. It\nalso includes any commencement, amendment, repeal or expiry affecting this republished law\nto 22 August 2017.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSecond-hand Dealers Act 1906\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2AA Notes 2\n2A Carrying on business as second-hand dealer 2\nPart 3 Second-hand dealers\n6 Records of second-hand dealers 4\n7 Inspection of records and goods 4\n8 Keeping of second-hand goods—dealers 5\n9 Goods suspected of being stolen or fraudulently obtained 5\n10 Second-hand dealers—carrying on business 6\nPart 4 Miscellaneous\n13 Records of market promoters 8\n\nContents\nPage\ncontents 2 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16A Authority to ask for identification 8\n19 Regulation-making power 9\nDictionary 10\nEndnotes\n1 About the endnotes 11\n2 Abbreviation key 11\n3 Legislation history 12\n4 Amendment history 16\n5 Earlier republications 21\n\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSecond-hand Dealers Act 1906\nAn Act to provide for the licensing and regulation of dealers in certain second-\nhand goods, to regulate the sale of certain second-hand goods, and for other\npurposes\n\nPart 1 Preliminary\nSection 1\npage 2 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Second-hand Dealers Act 1906.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms\ndefined elsewhere in this Act.\nFor example, the signpost definition ‘carries on business as a\nsecond-hand dealer—see section 2A.’ means that the term ‘carries on\nbusiness as a second-hand dealer’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act 2001, s 155 and s 156 (1)).\n2AA Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n2A Carrying on business as second-hand dealer\n(1) A person carries on business as a second-hand dealer if the person,\nfor reward or profit––\n(a) deals in second-hand goods; or\n(b) buys and sells second-hand goods; or\n(c) sells someone else’s second-hand goods as agent.\n\nPreliminary Part 1\nSection 2A\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, a person does not carry on business as a second-hand\ndealer only because the person hires out second-hand goods.\n(3) In this section:\nselling includes selling on commission or by auction.\n\nPart 3 Second-hand dealers\nSection 6\npage 4 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Second-hand dealers\n6 Records of second-hand dealers\n(1) A licensed second-hand dealer must make, in accordance with the\nregulations, the records that the dealer is required to make under the\nregulations.\nMaximum penalty: 20 penalty units.\n(2) A licensed second-hand dealer must keep, in accordance with the\nregulations, the records required to be made under subsection (1).\nMaximum penalty: 20 penalty units.\n(3) A licensed second-hand dealer must give to the police, in\naccordance with the regulations, the records or copies of records that\nthe dealer is required to give to the police under the regulations.\nMaximum penalty: 20 penalty units.\n7 Inspection of records and goods\n(1) A licensed second-hand dealer must, if asked by a police officer,\nallow the police officer to inspect—\n(a) any record the dealer is required to keep under this Act; or\n(b) any second-hand goods in the dealer’s possession; or\n(c) any other record in the dealer’s possession relating to second-\nhand goods.\nMaximum penalty: 50 penalty units.\n(2) The police officer may—\n(a) copy any record inspected under this section; and\n(b) examine or photograph any second-hand goods in the dealer’s\npossession that the police officer suspects on reasonable\ngrounds have been stolen or fraudulently obtained.\n\nSecond-hand dealers Part 3\nSection 8\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) This section is additional to any other power of a police officer.\n8 Keeping of second-hand goods—dealers\n(1) This section applies if a licensed second-hand dealer buys or\notherwise receives second-hand goods from someone else.\n(2) The second-hand dealer must not sell or otherwise dispose of the\nsecond-hand goods, and must keep them in the condition in which\nthe dealer receives them for—\n(a) if the dealer is a dealer for which a period of less than 5\nworking days is prescribed under the regulations—the\nprescribed period after the dealer buys or otherwise receives\nthe goods; or\n(b) in any other case—5 working days after the dealer buys or\notherwise receives the goods.\nMaximum penalty: 50 penalty units.\n(3) The regulations may—\n(a) exempt a second-hand dealer from subsection (2); or\n(b) authorise the chief police officer to exempt a dealer from\nsubsection (2).\n9 Goods suspected of being stolen or fraudulently obtained\n(1) This section applies to a licensed second-hand dealer in relation to\nsecond-hand goods if—\n(a) the dealer has or obtains possession of the goods or the goods\nare offered to the dealer; and\n(b) either of the following subparagraphs applies:\n(i) the dealer is or has been told by a police officer that the\ngoods, or goods of their description, have been stolen or\nfraudulently obtained;\n\nPart 3 Second-hand dealers\nSection 10\npage 6 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the dealer suspects, or should reasonably suspect in the\ncircumstances, that the goods have been stolen or\nfraudulently obtained.\n(2) The second-hand dealer must immediately tell a police officer that\nthe goods are in the dealer’s possession or have been offered to the\ndealer.\nMaximum penalty: 50 penalty units.\n10 Second-hand dealers—carrying on business\n(1) A licensed second-hand dealer must not carry on business as a\nsecond-hand dealer at a place other than premises stated in the\nlicence.\nMaximum penalty: 50 penalty units.\n(2) To remove any doubt, a licensed second-hand dealer does not\ncommit an offence against subsection (1) only because the dealer\nbuys second-hand goods at a place other than premises stated in the\nlicence.\nExamples\n1 A licensed second-hand dealer buys second-hand goods from a charity or at a\ntrash and treasure market.\n2 A person advertises a piano for sale, a licensed second-hand dealer goes to\nthe person’s home to look at the piano and the dealer buys the piano while at\nthe person’s home.\n(3) A licensed second-hand dealer must not, without reasonable excuse,\nfail to produce his or her licence on demand made by a police\nofficer at premises stated in the licence.\nMaximum penalty: 5 penalty units.\n(4) A licensed second-hand dealer must not buy or receive second-hand\ngoods from a person if the dealer believes or has reasonable grounds\nto believe that the person is under 14 years old.\nMaximum penalty: 5 penalty units.\n\nSecond-hand dealers Part 3\nSection 10\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\nlicence, of a licensed second-hand dealer, means the second-hand\ndealer’s licence under the Traders (Licensing) Act 2016.\n\nPart 4 Miscellaneous\nSection 13\npage 8 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n13 Records of market promoters\n(1) The promoter of a market must make, in accordance with the\nregulations, the records that the promoter is required to make under\nthe regulations.\nMaximum penalty: 20 penalty units.\n(2) The promoter of a market must keep, in accordance with the\nregulations, the records required to be made under subsection (1).\nMaximum penalty: 20 penalty units.\n(3) The promoter of a market must give to the police, in accordance\nwith the regulations, the records or copies of records that the\npromoter is required to give to the police under the regulations.\nMaximum penalty: 20 penalty units.\n(4) In this section:\nmarket means a market in which second-hand goods are sold,\nbought or otherwise dealt with (whether or not other goods are also\ndealt with at the market), but does not include an event or activity\nprescribed under the regulations.\npromoter, of a market, includes someone who manages, controls or\norganises the market.\n16A Authority to ask for identification\nA licensed second-hand dealer may ask a person to show the dealer\nidentification—\n(a) to enable the dealer to comply with section 6 (1); or\n\nMiscellaneous Part 4\nSection 19\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the dealer sells second-hand goods, or disposes of\nsecond-hand goods in another way, to the person, the goods are\nworth more than $50 and the dealer believes or has reasonable\ngrounds to believe that the name or home address given by the\nperson is incorrect.\n19 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative\nAssembly, under the Legislation Act 2001.\n(2) The regulations may authorise the chief police officer to give\nwritten directions to licensed second-hand dealers imposing\nrequirements with which they must comply for section 6 (Records\nof second-hand dealers).\n(3) The regulations may provide––\n(a) that prescribed money received by a licensed second-hand\ndealer is trust money; and\n(b) how trust money may be dealt with; and\n(c) what records may be kept in relation to trust money.\n\nDictionary\npage 10 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act 2001 contains definitions and other provisions\nrelevant to this Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n chief police officer\n home address\n police officer.\ncarries on business as a second-hand dealer––see section 2A.\nlicensed means licensed under the Traders (Licensing) Act 2016.\nsecond-hand dealer means a person who carries on business as a\nsecond-hand dealer.\nNote A person must not carry on business as a second-hand dealer unless the\nperson is licensed as a second-hand dealer under the Traders\n(Licensing) Act 2016.\nsecond-hand goods means second-hand goods of a kind prescribed\nunder the regulations.\n\nEndnotes\nAbout the endnotes 1\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 12 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a NSW Act—the Second-hand Dealers and Collectors\nA1906-30 (NSW).\nThis Act was in force in NSW immediately before 1 January 1911 (the date of\nestablishment of the ACT) and was continued in force by the Seat of Government\nAcceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4, the Act had\neffect in the ACT as if it were an ACT law (subject to ordinances made under the\nSeat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth) converted\ncertain former NSW laws in force in the ACT into ACT enactments. This\nallowed the ACT Legislative Assembly to amend and repeal the laws. This Act\nwas converted into an ACT enactment on 11 May 1989 (self-government day).\nUnder the Interpretation Act 1967, s 63 (all former NSW Acts in force in the ACT\nimmediately before 10 November 1999 became, for all purposes, laws made by\nthe ACT Legislative Assembly. This completed the process of making former\nNSW laws fully into ACT laws.\nThe Act was later renamed as the Second-hand Dealers Act 1906 by the Justice\nand Community Safety Legislation Amendment Act 2001 A2001-70 (see\namdt 1.176).\nNSW legislation\nSecond-hand Dealers Act 1906 A1906-30\nassented to 12 December 1906\ncommenced 1 January 1907\nas amended by\nCommonwealth legislation\nNew South Wales Acts Application Ordinance 1985 Ord1985-25\nnotified 28 June 1985 (Cwlth Gaz 1985 No S244)\ncommenced 28 June 1985 (see Seat of Government (Administration)\nAct 1910 (Cwlth), s 12)\ndisallowed by Senate 28 November 1985\nMagistrates Court Ordinance 1985 Ord1985-67\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\n\nEndnotes\nLegislation history 3\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNew South Wales Acts Ordinance 1986 Ord1986-91\nnotified 12 January 1987 (Cwlth Gaz 1987 No S1)\ncommenced 12 January 1987 (see Seat of Government\n(Administration) Act 1910 (Cwlth), s 12)\nLegislation after becoming Territory enactment\nSecond-hand Dealers and Collectors (Amendment) Act 1990\nA1990-34\nnotified 30 October 1990 (Gaz 1990 No S72)\nss 1-3 commenced 30 October 1990 (s 2 (1))\nremainder commenced 1 December 1990 (s 2 (2) and Gaz 1990\nNo 46)\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 9\nnotified 20 September 1991 (Gaz 1994 No S95)\ns 1, s 2 commenced 20 September 1991 (s 2 (1))\ns 9 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\nSecond-hand Dealers and Collectors (Amendment) Act 1995\nA1995-16\nnotified 30 June 1995 (Gaz 1995 No S135)\ncommenced 30 June 1995 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 362\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (s 10B)\namdt 1.3885 commenced 14 March 2002 (LA s 79)\nremainder pt 362 commenced 12 September 2001 (s 2 and see\nGaz 2001 No S65)\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 sch 1\nnotified LR 14 September 2001\ns 1, s 2 commenced 14 September 2001 (LA s 75)\namdts commenced 14 March 2002 (LA s 79)\n\nEndnotes\n3 Legislation history\npage 14 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2002\npt 14 and pt 1.2\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\npt 14 and pt 1.2 commenced 7 October 2002 (s 2 (2))\nAgents Act 2003 A2003-20 sch 3 pt 3.2\nnotified LR 19 May 2003\ns 1, s 2 commenced 19 May 2003 (LA s 75)\nsch 3 pt 3.2 commenced 1 November 2003 (s 2 and CN2003-12)\nJustice and Community Safety Legislation Amendment Act 2003\n(No 2) A2003-47 pt 10\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\npt 10 commenced 1 November 2003 (s 2)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.85\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.85 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.93\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.93 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.68\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.68 commenced 17 December 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2011\n(No 3) A2011-49 sch 1 pt 1.11\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.11 commenced 12 December 2011 (s 2 (2) (a) and see\nStatute Law Amendment Act 2011 (No 3) A2011-52 s 2)\n\nEndnotes\nLegislation history 3\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation (Red Tape Reduction\nNo 1—Licence Periods) Amendment Act 2013 A2013-28 pt 9\nnotified LR 21 August 2013\ns 1, s 2 commenced 21 August 2013 (LA s 75 (1))\npt 9 commenced 22 August 2013 (s 2)\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 14\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 14 commenced 7 November 2014 (s 2)\nTraders (Licensing) Act 2016 A2016-46 sch 2 pt 2.5\nnotified LR 22 August 2016\ns 1, s 2 commenced 22 August 2016 (LA s 75 (1))\nsch 2 pt 2.5 commenced 22 August 2017 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.30\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.30 commenced 9 March 2017 (s 2)\n\nEndnotes\n4 Amendment history\npage 16 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nThe New South Wales Acts Act 1986, schedule 2, part 6 sets out the text of this\nAct in an amended form and provided for the amended form to apply as the text\nof the Act in force in the ACT. This endnote, therefore, only details amendments\nmade after that date.\nTitle\ntitle sub A2001-70 amdt 1.175\nPreliminary\npt 1 hdg om A1995-16 s 7\nins A1995-16 s 4\nName of Act\ns 1 sub A2001-70 amdt 1.176\nDictionary\ns 2 am A1990-34 s 4\ndef charge ins A1995-16 s 5\ndef collector am A1990-34 sch\ndef convicted ins A1995-16 s 5\ndef registrar ins A1995-16 s 5\nsub A2001-70 amdt 1.176\nam A2002-27 amdt 1.17; A2016-46 amdt 2.39\nNotes\ns 2AA ins A2017-4 amdt 3.188\nCarrying on business as second-hand dealer\ns 2A ins A1995-16 s 6\nom A2001-70 amdt 1.177\nins A2003-20 amdt 3.10\nLicences\npt 2 hdg om A1995-16 s 9\nins A1995-16 s 6\nom A2016-46 amdt 2.40\nLicences\ns 2B ins A1995-16 s 6\nom A2001-70 amdt 1.177\nCertificates of convictions\ns 2C ins A1995-16 s 6\nom A2001-70 amdt 1.177\nObjections to granting of licences\ns 2D ins A1995-16 s 6\nom A2001-70 amdt 1.177\n\nEndnotes\nAmendment history 4\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nGrant of licences\ns 2E ins A1995-16 s 6\nom A2001-70 amdt 1.177\nDuration of licences\ns 2F ins A1995-16 s 6\nom A2001-70 amdt 1.177\nIssue of licences\ns 3 am A1990-34 s 5; A1994-81 sch\nsub A2001-70 amdt 1.177\nam A2002-27 amdts 1.18–1.20; A2003-47 s 33; pars renum\nR6 LA (see A2003-47 s 34); A2013-28 s 20\nom A2016-46 amdt 2.40\nSecond-hand dealers\npt 3 hdg orig pt 3 hdg renum as pt 5 hdg R2 LRA\nins A1995-16 s 7\nDealers must be licensed\ns 4 om A1995-16 s 8\nins A2001-70 amdt 1.178\nam A2002-27 s 64, s 65; A2003-47 s 35\nom A2016-46 amdt 2.41\nName of dealer etc to be displayed on premises\ns 5 am A1990-34 sch; A1991-44 s 9\nom A1995-16 s 8\nins A2001-70 amdt 1.178\nam A2002-27 amdt 1.21; A2003-47 s 36\nom A2014-47 s 28\nRecords of second-hand dealers\ns 6 om A1995-16 s 8\nins A2001-70 amdt 1.178\nam A2002-27 amdt 1.22\nInspection of records and goods\ns 7 om A1995-16 s 8\nins A2001-70 amdt 1.178\nam A2002-27 amdt 1.22, amdt 1.23\nKeeping of second-hand goods—dealers\ns 8 am A1990-34 s 6, sch; A1994-81 sch\nsub A2001-70 amdt 1.178\nam A2002-27 amdt 1.24; A2003-20 amdt 3.11\nGoods suspected of being stolen, embezzled or fraudulently obtained\ns 8A ins A1990-34 s 7\nam A1994-81 sch\nom A2001-70 amdt 1.178\n\nEndnotes\n4 Amendment history\npage 18 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nGoods suspected of being stolen or fraudulently obtained\ns 9 orig s 9 renum as s 10\nins A2001-70 amdt 1.180\nam A2002-27 amdt 1.25\nSecond-hand dealers—carrying on business\ns 10 am A1991-44 s 9\nom A1996-16 s 10\n(prev s 9) sub A1990-34 s 8\nam A1994-81 sch\nam A2001-70 amdts 1.181-1.185\nrenum A2001-70 amdt 1.179\nsub A2002-27 s 66\nam A2016-46 amdt 2.42\nMiscellaneous\npt 4 hdg ins A1995-16 s 9\npt 4 sub A2001-70 amdt 1.186\nWorking out whether person suitable\ns 11 am A1990-34 s 9, sch; A1994-81 sch\nsub A2001-70 amdt 1.186; A2002-27 amdt 1.26\nom A2016-46 amdt 2.43\nCancellation and suspension of second-hand dealers licences\ns 12 sub A1990-34 s 10\nam A1994-81 sch\nsub A2001-70 amdt 1.186\nam A2002-27 amdt 1.27\nom A2016-46 amdt 2.43\nHours of business\ns 12A ins A1990-34 s 10\nam A1994-81 sch\nom A2001-70 amdt 1.186\nRecords of market promoters\ns 13 sub A1990-34 s 11\nam A1994-81 sch\nsub A2001-70 amdt 1.186\nam A2002-27 amdt 1.28\nMiscellaneous\npt 5 hdg (prev pt 3 hdg) renum R2 LRA\nom A2001-70 amdt 1.186\nRegister of licences\ns 14 am A1995-16 s 11\nsub A2001-70 amdt 1.186\nom A2016-46 amdt 2.43\n\nEndnotes\nAmendment history 4\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nKeeping of register\ns 15 sub A1990-34 s 12\nam A1991-44 s 9\nsub A2001-70 amdt 1.186\nom A2016-46 amdt 2.43\nFalse or misleading information\ns 16 om A1990-34 s 12\nins A2001-70 amdt 1.186\nom A2004-15 amdt 2.175\nAuthority to ask for identification\ns 16A ins A2002-27 s 67\nDetermination of fees and charges\ns 17 om A1990-34 s 12\nins A2001-70 amdt 1.186\nsub A2001-44 amdt 1.3885\nom A2016-46 amdt 2.43\nApproved forms\ns 18 sub A2001-70 amdt 1.186; A2001-44 amdt 1.3885\nam A2002-27 amdt 1.29; A2007-3 amdt 3.474; A2011-49 amdt\n1.21\nom A2016-46 amdt 2.43\nRegulation-making power\ns 19 am A1991-44 s 9; A1995-16 s 12\nsub A2001-70 amdt 1.186\nsub A2001-44 amdt 1.3885\nam A2003-20 amdt 3.12\nTransitional provisions––licensed auctioneers\ns 20 om A1990-34 s 13\nins A2001-70 amdt 1.186\nom A2001-44 amdt 1.3885\nins A2003-20 amdt 3.13\nexp 1 November 2005 (s 20 (4))\nSuspicions offering of old wares\ns 22 om A1990-34 s 13\nProceedings\ns 23 om A1990-34 s 13\nSchedule 1\nsch 1 am Ord1985-67; A1990-34 sch; A1991-44 s 9; A1995-16 s 13\nom A2001-70 amdt 1.187\nSchedule 5\nsch 5 om A1995-16 s 14\n\nEndnotes\n4 Amendment history\npage 20 Second-hand Dealers Act 1906\nEffective: 22/08/17\nR15\n22/08/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 6\nsch 6 am Ord1985-67; A1990-34 sch; A1991-44 s 9; A1995-16 s 15\nom A2001-70 amdt 1.187\nDictionary\ndict ins A2001-70 amdt 1.188\nam A2002-27 amdt 1.30; A2009-49 amdt 3.179; A2011-49\namdt 1.22; A2017-4 amdt 3.189; A2016-46 amdt 2.44\ndef carries on business as a second-hand dealer ins\nA2016-46 amdt 2.45\ndef carrying on business as a second-hand dealer ins\nA2003-20 amdt 3.14\nom A2016-46 amdt 2.46\ndef commissioner ins A2001-70 amdt 1.188\nam A2002-27 amdt 1.31\nom A2016-46 amdt 2.46\ndef executive officer ins A2001-70 amdt 1.188\nam A2002-27 amdt 1.32\nom A2016-46 amdt 2.46\ndef licence ins A2001-70 amdt 1.188\nom A2016-46 amdt 2.46\ndef licensed ins A2016-46 amdt 2.47\ndef licensed auctioneer ins A2001-70 amdt 1.188\nom A2007-3 amdt 3.475\ndef licensed second-hand dealer ins A2001-70 amdt 1.188\nom A2016-46 amdt 2.48\ndef second-hand dealer ins A2001-70 amdt 1.188\nam A2002-27 s 68\nsub A2003-20 amdt 3.15\nam A2016-46 amdt 2.49\ndef second-hand goods ins A2001-70 amdt 1.188\ndef suitable person ins A2001-70 amdt 1.188\nom A2016-46 amdt 2.50\ndef unsuitable person ins A2001-70 amdt 1.1880\nom A2002-27 amdt 1.33\n\nEndnotes\nEarlier republications 5\nR15\n22/08/17\nSecond-hand Dealers Act 1906\nEffective: 22/08/17\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1991-44 30 November 1992\n2 A1995-16 31 January 1998\n3 A2001-70 19 February 2002\n4 A2001-70 14 March 2002\n5* A2002-27 7 October 2002\n6 A2003-47 1 November 2003\n7 A2004-15 9 April 2004\n8 A2004-15 2 November 2005\n9 A2007-3 12 April 2007\n10 A2009-49 17 December 2009\n11 A2011-49 12 December 2011\n12 A2013-28 22 August 2013\n13 A2014-47 7 November 2014\n14 A2017-4 9 March 2017\n© Australian Capital Territory 2017","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act has been substantially modernised and its practical scope broadened compared with the simple early-20th-century licensing model. Mechanically, later amendments and the current text (notably the Dictionary and cross-references) link second‑hand dealer licensing into the Traders (Licensing) Act 2016 (so licensing rules are applied administratively rather than set out in full in this Act). The Act now: (a) imposes detailed record-keeping and retention obligations tied to regulations (s 6, s 8); (b) expressly regulates market promoters as a separate class with record obligations (s 13); (c) grants police explicit inspection and copying/photography powers (s 7) and immediate reporting duties on dealers who suspect goods are stolen (s 9); (d) authorises the chief police officer to issue directions about records (s 19(2)); and (e) allows regulations to treat certain money as trust money and set trust‑money procedures (s 19(3)).\n\nThese changes move the Act from a narrow licensing/registration statute to a regulatory framework that coordinates licensing, operational record keeping, police‑facing information flows, and delegated administrative rule‑making. That is a significant expansion from the original 1906 object of licensing and basic regulation of dealers and collectors."},"complexity_factors":["Extensive reliance on regulations for core operational detail (what goods are \"second-hand goods\", required record content and formats, prescribed retention periods, exemptions) — s 6, s 8, s 19","Delegation of operational authority to the chief police officer to give written directions about records — s 19(2), increasing administrative discretion","Multiple conditional rules and exceptions (e.g. default 5 working day retention but regulations may prescribe a shorter period or allow exemptions; off‑premises purchases allowed by s 10(2) though carrying on business is limited to licensed premises)","Cross-references to other Acts and external definitions (Traders (Licensing) Act 2016 for licence, Legislation Act 2001 for terms such as chief police officer, home address) — Dictionary and various sections","Different categories of regulated persons (licensed second‑hand dealers, market promoters) with overlapping but distinct obligations — ss 6, 13","A range of penalties with different maximum penalty units across sections (20–50 penalty units and smaller fines for specified conduct) — ss 6–7, 8–10, 13","Historical layering and multiple amendments over many decades (origin 1906, numerous amendments and renumberings), which complicates tracing original text and intent (see endnotes/legislation history)","Several defined terms affecting scope (e.g. 'carries on business as a second-hand dealer', 'second-hand goods', 'licensed') and interpretive cross-signposting — Dictionary and s 2A","Operational interactions with law enforcement (inspection, copying, photographing and immediate notification duties) generate conditional enforcement scenarios that require judgment (reasonable grounds tests) — ss 7 and 9"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Requires people carrying on a business as second-hand dealers to be licensed (see the definition in the Dictionary and the cross-reference to the Traders (Licensing) Act 2016). (See s 2A and the Dictionary.)\n- Imposes record-keeping obligations on licensed second-hand dealers and on market promoters; the exact content, form and periods are left to the regulations. Failure to make, keep or supply records attracts fines. (See s 6 and s 13.)\n- Gives police the right to inspect records and goods at a licensed dealer’s premises and to copy records or photograph goods suspected to be stolen or fraudulently obtained; these are additional to other police powers. (See s 7.)\n- Requires a licensed dealer who buys or receives second-hand goods to retain them, in the condition received, for a prescribed period (5 working days by default) before disposing of them, unless exempted by regulation or by the chief police officer. (See s 8.)\n- Requires dealers to immediately notify police if they have goods that a police officer has said are stolen or if they suspect (or ought reasonably to suspect) goods are stolen or fraudulently obtained. (See s 9.)\n- Limits the place where a licensed dealer may carry on business to the premises stated on the licence, but explicitly allows purchases made off‑premises (for example, buying at a market or from a private address). Dealers must produce their licence on demand by police at the licensed premises and must not buy from persons under 14. (See s 10.)\n- Allows a licensed dealer to request identification in specific circumstances (to meet record obligations or where goods worth more than $50 are being sold and the dealer believes the name/address given is wrong). (See s 16A.)\n- Gives the Executive power to make regulations that fill in most operational details (what counts as second‑hand goods, record formats and time limits, exemptions, and authorising the chief police officer to give directions about records). Regulations may also treat certain money as trust money and set rules for dealing with it. (See s 19 and the Dictionary.)\n\nWho this affects\n\n- People who \"carry on business as second-hand dealers\" (those who deal in, buy and sell, or sell on behalf of others second‑hand goods for profit or reward) — they must be licensed and must comply with the Act’s record, retention and reporting rules. (See s 2A and Dictionary.)\n- Promoters (organisers/managers) of markets where second‑hand goods are bought and sold — they face record-keeping and police-record‑supply obligations. (See s 13.)\n- Police and the chief police officer — the Act gives them inspection powers and delegated administrative functions (for example, to give directions and to grant exemptions authorised by the regulations). (See ss 7, 8(3)(b), 19(2).)\n- Sellers and members of the public who transact with second‑hand dealers — they may be asked for ID and cannot lawfully sell goods to a licensed dealer if under age 14. (See s 16A and s 10(4).)\n\nWhy it matters (stated official purpose, then tested against mechanics)\n\n- Officially, the Act regulates and licences dealers and market promoters and requires records and reporting to assist law enforcement (for example, tracing stolen goods). The provisions that enable police inspection, require retention of goods and require notification to police directly implement that stated purpose. (See ss 6–9, 13.)\n\n- Costs and incentives: the law shifts administrative and compliance costs onto licensed dealers and market promoters (record-keeping, storage while goods are held for the retention period, possible disruption when police inspect or seize items). Penalties for non-compliance range from modest fines to higher fines (see the penalty units in each section), so there is a compliance cost and enforcement risk built into the scheme. (See ss 6–7, 8, 9 and the penalty figures in those sections.)\n\n- Trade-offs and behavioural effects: by increasing record and reporting obligations, the Act makes formal second‑hand retailing more administratively intensive. That creates an incentive to operate informally (private sales, online peer-to-peer transactions, markets that are not \"promoters\" under the regulations) if compliance costs are large relative to margins. Conversely, it raises the cost of illegal resale of stolen goods because dealers must retain goods and report suspicions to police. (See ss 8–9 and s 13.)\n\n- Discretion and implementation risk: the Act delegates significant detail to regulations and permits the chief police officer to issue binding directions about records (s 19(2)). That delegation concentrates operational rule‑making power off the face of the Act, which reduces legislative detail but increases administrative discretion and the need for clear, published regulatory materials so businesses can comply.\n\n- Effects on competition and private choice: the law regulates who may lawfully carry on a second‑hand dealing business (licensing requirement), and sets operating constraints tied to licences (location, ID and record obligations). These measures restrict entry and impose fixed compliance costs; they may advantage established, compliant dealers relative to informal sellers. The Dictionary’s cross-reference to the Traders (Licensing) Act 2016 means licensing rules and licence conditions from that Act will apply to dealers. (See s 10 definition of \"licence\" and the Dictionary.)\n\n- Concentrated benefits / diffuse costs: if the aim is to assist recovery of stolen goods, the primary beneficiaries are victims and police; the costs (time, storage, paperwork) fall directly on dealers and market promoters, a relatively concentrated group that bears the compliance burden and penalty risk. The Act’s structure makes the compliance burden predictable (statutory offences and penalty units) but operationally dependent on regulations.\n\nKey sections to read for obligations and powers: s 2A (who is a dealer), s 6 (records), s 7 (inspection), s 8 (retention period), s 9 (reporting suspected stolen goods), s 10 (where you can carry on business and licence production), s 13 (market promoters), s 16A (ID), and s 19 (regulation-making power and delegation to chief police officer).**"},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has significantly narrowed in scope compared to its original 1906 form. Originally titled the 'Second-hand Dealers and Collectors Act', it previously covered both dealers and collectors. The 2016 amendments removed all licensing administration provisions (sections dealing with grant of licences, duration, objections, certificates of convictions, and cancellation/suspension), transferring these to the Traders (Licensing) Act 2016. The Act has transformed from a comprehensive licensing and regulatory scheme into a focused operational framework dealing with record-keeping, police inspection powers, and transaction holding periods. The 'collectors' aspect appears to have been dropped entirely from the operative provisions."},"complexity_factors":["Short statute with only 10 substantive sections (excluding preliminary and endnotes)","Minimal defined terms in the Dictionary (only 4 specific definitions, with others imported from the Legislation Act 2001)","Simple conditional structure with clear offence provisions and penalty units","Heavy reliance on regulations for operational details (record-keeping requirements, prescribed goods, exemptions), meaning the Act itself is a framework rather than detailed prescription","No nested exceptions or complex cross-referencing within the Act itself","Clear separation of dealer obligations (Part 3) and market promoter obligations (section 13)","Recent amendments (2016) removed significant complexity by transferring licensing functions to the Traders (Licensing) Act 2016, stripping out approximately 8 sections dealing with licence applications, duration, and cancellation"],"plain_english_summary":"This Act regulates people and businesses that buy and sell second‑hand goods in the ACT to help police track stolen property and ensure honest trading. It requires dealers and market promoters to be licensed, keep transaction records, hold purchased items for a short period so police can check them, notify police about suspected stolen goods, and allow police to inspect records and goods.\n\nIt also restricts purchases from very young children, requires licence display, and permits ID checks to verify sellers."}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-dealers-act-1906","history":"/api/acts/second-hand-dealers-act-1906/history","analysis":"/api/acts/second-hand-dealers-act-1906/analysis","conflicts":"/api/acts/second-hand-dealers-act-1906/conflicts","importantCases":"/api/acts/second-hand-dealers-act-1906/important-cases","documents":"/api/acts/second-hand-dealers-act-1906/documents"}}