{"id":"second-hand-dealers-and-pawnbrokers-regulations-2013","name":"Second-hand Dealers and Pawnbrokers Regulations 2013","slug":"second-hand-dealers-and-pawnbrokers-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237148,"registerId":"sa-second-hand-dealers-and-pawnbrokers-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Second-hand Dealers and Pawnbrokers Regulations 2013","content":"South Australia\nSecond-hand Dealers and Pawnbrokers Regulations 2013\nunder the Second-hand Dealers and Pawnbrokers Act 1996\n\nContents\n1\tShort title\n3\tInterpretation\n4\tApplication of Act\n5\tModification of Act in relation to abandoned goods\n6\tRequirements to be complied with by auctioneer\n7\tDisqualification from carrying on business as second‑hand dealer (section 6 of Act)\n7A\tFurther powers of Commissioner of Police to disqualify person from carrying on business as second‑hand dealer\n8\tNotification by dealers, proposed dealers and former dealers (section 7 of Act)\n9\tVerification of identification\n10\tClaim to goods in possession of second‑hand dealer (section 11 of Act)\n11\tContent of pawn tickets (section 13 of Act)\n12\tRecords of sale of unredeemed pawns (section 14 of Act)\n13\tNotification by operator of second‑hand market (section 15 of Act)\n14\tRecords to be kept by operator of second‑hand market (section 16 of Act)\nSchedule 1—Notice of claim to goods in possession of second‑hand dealer\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Second-hand Dealers and Pawnbrokers Regulations 2013.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Second-hand Dealers and Pawnbrokers Act 1996;\nclose associate—see subregulation (3);\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\ninteractive game console means equipment for the playing of a game—\n\t(a)\tthat involves a display on a computer monitor, television screen, liquid crystal display or similar medium; and\n\t(b)\twhere the way in which the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player;\nprescribed goods means goods of any of the following kinds:\n\t(a)\tgemstones or precious metals;\n\t(b)\titems of jewellery that include gemstones or precious metals;\n\t(c)\twatches;\n\t(d)\tsporting or recreational goods (but not including clothing or footwear);\n\t(e)\twatercraft (including jet skis, windsurfers and surfboards) or parts of watercraft (including outboard motors);\n\t(f)\tmusical instruments (but not including pianos other than electric or electronic pianos);\n\t(g)\tportable engine‑powered, motorised or air‑powered tools or equipment;\n\t(h)\ttool kits;\n\t(i)\tphotographic equipment or video cameras;\n\t(j)\tcomputer hardware or interactive game consoles;\n\t(k)\tcomputer programs or computer programs and data, including those comprising games for use with interactive game consoles;\n\t(l)\telectric or electronic goods including—\n\t(i)\ttelevisions, radios, compact disc players, video tape players, digital video disc players or other audio or audio‑visual systems;\n\t(ii)\tmobile or portable telephones;\n\t(iii)\tmicrowave ovens,\n(but not including refrigerators, washing machines, clothes dryers, dishwashers, stoves, under bench ovens or wall ovens);\n\t(m)\tcompact discs or digital video discs;\n\t(n)\tvehicles without their own automotive power (including bicycles, caravans and trailers);\n\t(o)\tmotor vehicles;\n\t(p)\tthe following motor vehicle components:\n\t(i)\tfront left fenders;\n\t(ii)\tfront right fenders;\n\t(iii)\tfront left doors;\n\t(iv)\tfront right doors;\n\t(v)\trear left doors;\n\t(vi)\trear right doors;\n\t(vii)\trear left quarter panels;\n\t(viii)\trear right quarter panels;\n\t(ix)\tbody shells;\n\t(x)\tfront sections of body shells;\n\t(xi)\trear sections of body shells;\n\t(xii)\tautomatic or manual transmissions;\n\t(xiii)\tengines;\n\t(xiv)\tboot lids;\n\t(xv)\ttailgates;\n\t(xvi)\thoods;\n\t(xvii)\tair bags;\n\t(xviii)\tframes;\n\t(xix)\tmotor vehicle seats;\nprescribed motor vehicle component—see paragraph (p) of the definition of prescribed goods;\nwritten‑off vehicle has the same meaning as in Part 7 of the Motor Vehicles Regulations 2010;\nwritten‑off vehicle notice has the same meaning as in Part 7 of the Motor Vehicles Regulations 2010.\n\t(2)\tFor the purposes of these regulations, 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.\n\t(3)\tFor the purposes of these regulations, 2 persons are close associates if—\n\t(a)\t1 is a spouse, domestic partner, parent, brother, sister or child of the other; or\n\t(b)\tthey are members of the same household; or\n\t(c)\tthey are in partnership; or\n\t(d)\tthey are related bodies corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or\n\t(e)\t1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or\n\t(f)\t1 is in a position to exercise control or significant influence over the conduct of the other.\n4—Application of Act\n\t(1)\tSections 8 and 9 of the Act apply only in relation to the following kinds of goods:\n\t(a)\tgoods that a dealer receives under a contract of pawn;\n\t(b)\tprescribed goods.\n\t(2)\tSection 10 of the Act applies only in relation to prescribed goods.\n\t(3)\tSection 10(2) of the Act does not apply in relation to—\n\t(a)\tgemstones or precious metals; or\n\t(b)\titems of jewellery that include gemstones or precious metals; or\n\t(c)\twatches.\n\t(4)\tSection 10 of the Act does not apply in relation to second‑hand goods that have come into the possession of a second‑hand dealer (the transferee dealer) if—\n\t(a)\tthe goods were acquired from another second‑hand dealer (the transferor dealer); and\n\t(b)\tthe transferor dealer retained the goods in accordance with section 10 or, if the goods have been successively acquired by a chain of second‑hand dealers, the first in that chain retained the goods in accordance with section 10; and\n\t(c)\tthe transferee dealer keeps, as a record for the purposes of section 8 of the Act, a copy of a certificate signed by the second‑hand dealer who retained the goods in accordance with section 10 certifying as to that retention.\n\t(5)\tSections 9 and 10 of the Act do not apply in relation to a written‑off vehicle or a motor vehicle component from a written‑off vehicle if the dealer records, for the purposes of section 8 of the Act, the serial number of a written‑off vehicle notice affixed to the vehicle.\n\t(6)\tSections 6, 7, 8, 9 and 10 of the Act do not apply in relation to the following businesses:\n\t(a)\tthe business of selling second‑hand vehicles carried on by a person licensed as a dealer, or exempt from the requirement to be licensed as a dealer, under the Second-hand Vehicle Dealers Act 1995;\n\t(b)\tthe business of repairing prescribed goods for customers;\n\t(c)\tthe business of acquiring prescribed goods for the purposes of recycling metal and selling scrap metal obtained from those goods.\n\t(7)\tFor the purposes of the application of the Act, an ADI or a registered corporation within the meaning of the Corporations Act 2001 of the Commonwealth will not be considered to be a pawnbroker only by reason of receiving goods under a contract for sale where the seller has a right to buy back the goods.\n\t(8)\tPart 2 of the Act does not apply in relation to the sale of goods by an organisation formed for religious, educational or other charitable or beneficial community purposes where all the goods sold have been donated to the organisation and the proceeds of the sale (after deduction of expenses relating to the sale) go to the organisation.\n\t(9)\tPart 4 of the Act does not apply in relation to—\n\t(a)\ta second‑hand market conducted by an organisation formed for religious, educational or other charitable or beneficial community purposes where all the goods sold have been donated to the organisation and the proceeds of the sale (after deduction of the expenses of the market) go to the organisation; or\n\t(b)\ta second‑hand market where no prescribed goods are sold.\n5—Modification of Act in relation to abandoned goods\n\t(1)\tThe application of the Act is modified in relation to abandoned goods removed by a second‑hand dealer at the request or with the authorisation of a council or an agency of the Crown in the course of or for the purposes of the dealer's business so that—\n\t(a)\tthe records required to be kept under section 8 of the Act in relation to the goods—\n\t(i)\tneed not contain the information set out in section 8(4) of the Act; but\n\t(ii)\tmust contain—\n\t(A)\tthe name and address of the council or the agency of the Crown at whose request or with whose authorisation the goods were removed; and\n\t(B)\ta description of the goods; and\n\t(C)\ta description identifying the place from which the goods were removed; and\n\t(D)\tthe date on which the goods were removed; and\n\t(b)\ton the sale of the goods by the dealer, the dealer must—\n\t(i)\trecord, for the purposes of section 8 of the Act, the name and residential address or business name and business address of the purchaser of the goods and the date of sale; and\n\t(ii)\tif the purchaser of the goods is not another second‑hand dealer, verify the identity of the purchaser and record, for the purposes of section 8 of the Act, details of the means used to verify the information; and\n\t(c)\tsections 8(5), 9 and 10 of the Act do not apply in relation to the goods.\n\t(2)\tIn this regulation—\nabandoned goods means goods that have been abandoned or left, or unlawfully deposited or placed, on a road, in a public place or on local government land or Crown land;\ncouncil, local government land, public place and road have the same respective meanings as in the Local Government Act 1999.\n6—Requirements to be complied with by auctioneer\nFor the purposes of the definition of second‑hand market in section 3 of the Act and for the purposes of section 10(3)(e) of the Act, an auctioneer must comply with the following requirements in relation to each lot of prescribed goods auctioned by the auctioneer:\n\t(a)\tin the case of an auctioneer who is a second‑hand dealer1—the auctioneer must record against the entry relating to the goods kept under section 8 of the Act—\n\t(i)\tthe date on which the goods were auctioned; and\n\t(ii)\tthe place at which the goods were auctioned; and\n\t(iii)\ta note of whether or not the goods were sold at auction and, if the goods were sold, the amount for which the goods were sold;\n\t(b)\tin the case of an auctioneer who is not a second‑hand dealer—the auctioneer must—\n\t(i)\tkeep records relating to the goods, and confirm and verify the information recorded, as required by section 8 of the Act as if the auctioneer were a second‑hand dealer (except that identification codes need not be recorded as required by section 8(4)(f)); and\n\t(ii)\trecord against the entry relating to the goods kept under subparagraph (i)—\n\t(A)\tthe date on which the goods were auctioned; and\n\t(B)\tthe place at which the goods were auctioned; and\n\t(C)\ta note of whether or not the goods were sold at auction and, if the goods were sold, the amount for which the goods were sold.\nNote—\n1\tSection 24(1)(c) of the Act provides that if in proceedings for an offence against the Act it is established that, within the period of 12 months immediately preceding the date of the alleged offence, the defendant conducted 6 or more auctions for the sale of second‑hand goods on behalf of other persons, it will be presumed, in the absence of proof to the contrary, that the defendant was carrying on business as a second‑hand dealer on the date of the alleged offence.\n7—Disqualification from carrying on business as second‑hand dealer (section 6 of Act)\nFor the purposes of section 6(2)(b) of the Act, an offence against section 8, 10 or 16 of the Act is an offence of a prescribed kind.\n7A—Further powers of Commissioner of Police to disqualify person from carrying on business as second‑hand dealer\nFor the purposes of section 6A(1)(c) of the Act, the following offences are prescribed:\n\t(a)\tan offence against Part 3A of the Summary Offences Act 1953 (other than an offence against section 21C(1) or 21E of that Act);\n\t(b)\ta serious and organised crime offence (as defined in the Criminal Law Consolidation Act 1935);\n\t(c)\tan offence against the Controlled Substances Act 1984 involving a controlled drug, controlled precursor or controlled plant (other than an offence constituted of possessing a controlled drug, controlled precursor or controlled plant);\n\t(d)\tan indictable offence involving violence;\n\t(e)\tan offence against the Firearms Act 1977 (other than an offence against section 15C, 16, 21A, 21AB or 26 of that Act);\n\t(f)\tan offence of attempting to commit, or assault with an attempt to commit, an offence prescribed by a preceding paragraph;\n\t(g)\tan offence against the law of another jurisdiction that would, if committed in this State, constitute an offence prescribed by a preceding paragraph.\n8—Notification by dealers, proposed dealers and former dealers (section 7 of Act)\n\t(1)\tFor the purposes of section 7(3)(a) of the Act, the following information is required to be contained in a notice under section 7(1) of the Act:\n\t(a)\tin the case of a natural person who is a proposed second‑hand dealer—\n\t(i)\tthe full name, residential address, telephone number and email address—\n\t(A)\tof the person; and\n\t(B)\tif the business is to be carried on in partnership—of each partner; and\n\t(ii)\tthe full name, residential address and date of birth of each close associate—\n\t(A)\tof the proposed dealer; and\n\t(B)\tif the business is to be carried on in partnership—of each partner; and\n\t(b)\tin the case of a body corporate that is a proposed second‑hand dealer—\n\t(i)\tthe full name, residential address, telephone number and email address of each director of the body corporate; and\n\t(ii)\tthe full name, residential address and date of birth of each close associate—\n\t(A)\tof the body corporate; and\n\t(B)\tof each director of the body corporate; and\n\t(iii)\tthe address and telephone number of the registered corporate office of the body corporate;\n\t(c)\tthe full name, residential address and date of birth of each person who is to be employed in the proposed business;\n\t(d)\tthe business or trading name (if any) under which the proposed business is to be carried on;\n\t(e)\teach address at which the proposed business is to be carried on;\n\t(f)\teach address at which records required to be kept under the Act are to be kept;\n\t(g)\teach address at which goods that are to be bought or received in the course of, or for the purposes of, the proposed business are to be kept;\n\t(h)\ta brief description of the nature of the proposed business, including a description of the types of goods that are proposed to be bought or received in the course of, or for the purposes of, the proposed business;\n\t(i)\ta statement as to whether or not any circumstance applies by virtue of which the person would be disqualified under section 6 of the Act from carrying on business as a second‑hand dealer;\n\t(j)\tan address for service.\n\t(2)\tFor the purposes of section 7(4) of the Act, notice must be given to the Commissioner of Police as follows:\n\t(a)\tif there is any change in—\n\t(i)\tin the case of a natural person who is a second‑hand dealer—\n\t(A)\tthe name, residential address, telephone number or email address of the person; or\n\t(B)\tif the business of the second‑hand dealer is carried out in partnership—the name, residential address, telephone number or email address of any partner;\n\t(C)\tthe name or residential address of a close associate of the dealer; or\n\t(D)\tif the business of the second‑hand dealer is carried out in partnership—the name or residential address of a close associate of a partner; or\n\t(ii)\tin the case of a body corporate that is a second‑hand dealer—\n\t(A)\tthe name, residential address, telephone number or email address of a director of the body corporate; or\n\t(B)\tthe name or residential address of a close associate of the body corporate or of a director of the body corporate; or\n\t(C)\tthe address or telephone number of the registered corporate office of the body corporate; or\n\t(iii)\tthe business or trading name (if any) in which a second‑hand dealer carries on business; or\n\t(iv)\tthe address at which the business of the second‑hand dealer is carried on; or\n\t(v)\tthe address at which records required to be kept under the Act by a second‑hand dealer or former second‑hand dealer are kept; or\n\t(vi)\tthe address at which goods bought or received in the course of, or for the purposes of, the business of a second‑hand dealer are kept; or\n\t(vii)\tthe address for service of the second‑hand dealer,\nthe second‑hand dealer must, within 14 days, give written notice to the Commissioner of the new name, address, telephone number or email address (as the case may be);\n\t(b)\tif—\n\t(i)\ta person ceases to be a close associate of the second‑hand dealer; or\n\t(ii)\tin the case of a business of a second‑hand dealer carried on in partnership—a person ceases to be a close associate of a partner; or\n\t(iii)\tin the case of a second‑hand dealer that is a body corporate—a person ceases to be a close associate of the body corporate or of a director of the body corporate,\nthe second‑hand dealer must, within 14 days, give written notice to the Commissioner of that fact;\n\t(c)\tif—\n\t(i)\ta person becomes a close associate of the second‑hand dealer; or\n\t(ii)\tin the case of a business of a second‑hand dealer that is carried on in partnership—a person becomes a close associate of a partner; or\n\t(iii)\tin the case of a second‑hand dealer that is a body corporate—a person becomes a close associate of the body corporate or of a director of the body corporate,\nthe second‑hand dealer must, within 14 days, give written notice to the Commissioner of the close associate's full name, residential address and date of birth;\n\t(d)\tif a person enters into a partnership to carry on business as a second‑hand dealer or ceases to be in such a partnership, the person must, within 14 days, give written notice to the Commissioner of that fact, together with the names, residential addresses, telephone numbers and email addresses of the members of the new or former partnership;\n\t(e)\tif a person becomes a director of a body corporate that is a second‑hand dealer, the body corporate must, within 14 days, give written notice to the Commissioner of the name, residential address, telephone number and email address of the new director;\n\t(f)\tif an event occurs by virtue of which a person is disqualified under section 6 of the Act from continuing to carry on business as a second‑hand dealer, the person must immediately inform the Commissioner of the event;\n\t(g)\tif a person ceases to carry on business as a second‑hand dealer—\n\t(i)\tthe person must, within 14 days, give written notice to the Commissioner of that fact; and\n\t(ii)\tunless the person is no longer required to keep records under the Act—the person must, within 14 days, give written notice to the Commissioner of the address for service of the former second‑hand dealer.\n9—Verification of identification\n\t(1)\tIf a person is required by the Act or these regulations to verify the identity of another (a customer) and record details of the means used to verify that information, the person must verify the identity and record the details in accordance with this regulation.\n\t(2)\tThe identity of a customer must be verified by examining in accordance with subregulation (3) evidence produced by the customer consisting of—\n\t(a)\ta single card or document that appears—\n\t(i)\tto have been issued by the government or a statutory authority of the State or the Commonwealth or another State or a Territory; and\n\t(ii)\tto bear the name, residential address and signature and a photograph of the customer; or\n\t(b)\ttwo or more cards or documents—\n\t(i)\tat least one of which appears to have been issued by the government or a statutory authority of the State or the Commonwealth or another State or a Territory and the other or others of which appear to have been issued for some official or other proper purpose by a person or body other than the customer; and\n\t(ii)\tthat together appear to bear the name, residential address and signature of the customer.\n\t(3)\tThe person must examine the evidence produced by the customer so as to ensure—\n\t(a)\tthat it does not appear to have been forged or tampered with; and\n\t(b)\tthat it contains a name and address matching the name and address given to the person by the customer as the customer's name and residential address; and\n\t(c)\tthat it contains a signature apparently matching the signature of the customer obtained by the person; and\n\t(d)\tif it consists of a single card or document—that the photograph is a likeness of the customer.\n\t(4)\tThe following details of each card or document used to verify the identity of a customer must be recorded:\n\t(a)\tif the card or document has an identifying number—that number;\n\t(b)\tif the card or document does not have an identifying number but does bear the date of its issue—that date;\n\t(c)\tdetails sufficient to enable identification of the body or person who apparently issued the card or document.\n10—Claim to goods in possession of second‑hand dealer (section 11 of Act)\n\t(1)\tFor the purposes of section 11(3)(a) of the Act, the notice set out in Schedule 1 is prescribed.\n\t(2)\tFor the purposes of section 11(3)(c) of the Act, the dealer must notify, and give a copy of the notice to—\n\t(a)\tthe police officer in charge of the police station nearest to the place at which the goods subject to the notice are kept; or\n\t(b)\ta police officer designated for the purpose by the officer in charge of the station.\n11—Content of pawn tickets (section 13 of Act)\nFor the purposes of section 13(2)(c) of the Act, a pawn ticket must contain, in addition to the information required by section 13(2), the following information:\n\t(a)\tthe full name, residential address and signature of the person pawning the goods;\n\t(b)\tan accurate description of each item of the goods including, where applicable, their types, sizes, colours, brands, serial numbers and other distinguishing features;\n\t(c)\ta unique identification code;\n\t(d)\tthe date on which the goods are pawned;\n\t(e)\tthe end date of the redemption period;\n\t(f)\ta statement that the redemption period may be extended by agreement between the pawnbroker and the person entitled to redeem the goods and a description of the procedures for doing so;\n\t(g)\ta statement that, if at the end of the redemption period the goods have not been redeemed, the pawnbroker is required, as soon as reasonably practicable, to sell the goods in a manner conducive to securing the best price reasonably obtainable;\n\t(h)\tthe address at which the goods will be kept during the redemption period;\n\t(i)\tif the ticket covers more than 1 item of goods—a statement of whether or not the items may be separately redeemed;\n\t(j)\tthe rate of interest charged by week, month, or other period, as the case may be, and an equivalent annual interest rate (ie the rate that bears to a year the same proportion as the periodic interest rate bears to the period in respect of which interest is charged);\n\t(k)\ta statement of any fees or charges that were not treated as interest for the purposes of calculating the rate of interest disclosed under paragraph (i).\n12—Records of sale of unredeemed pawns (section 14 of Act)\nFor the purposes of section 14(5) of the Act, the details of the sale of the goods that must be recorded are—\n\t(a)\tthe date on which the goods are sold; and\n\t(b)\tthe amount for which the goods are sold.\n13—Notification by operator of second‑hand market (section 15 of Act)\n\t(1)\tFor the purposes of section 15(3) of the Act, a notice under section 15 must contain the following information:\n\t(a)\tin the case of a natural person who operates or proposes to operate a second‑hand market—the full name, residential address and business address (if any) of the person;\n\t(b)\tin the case of a body corporate that operates or proposes to operate a second‑hand market—\n\t(i)\tthe full name and residential address of each director; and\n\t(ii)\tthe address of the registered corporate office of the body corporate;\n\t(c)\tthe name in which the second‑hand market is or is to be operated;\n\t(d)\tthe address at which the second‑hand market is or is to be held;\n\t(e)\ta statement of whether or not the second‑hand market is or is to be operated on a continuing basis and details of when the market operates or is to operate;\n\t(f)\teach address at which records required to be kept under the Act are or will be kept;\n\t(g)\ta statement of whether or not prescribed goods are or may be sold at the second‑hand market;\n\t(h)\ta brief description of the nature of the second‑hand market or proposed second‑hand market, including a description of the types of goods that are or are proposed to be sold at the market or proposed market;\n\t(i)\tan address for service.\n\t(2)\tFor the purposes of section 15(4) of the Act, notice must be given to the Commissioner of Police as follows:\n\t(a)\tif there is any change in—\n\t(i)\tthe residential address of the person who operates a second‑hand market; or\n\t(ii)\tthe address of the registered corporate office of a body corporate that operates a second‑hand market; or\n\t(iii)\tthe name in which a second‑hand market is operated; or\n\t(iv)\tthe address at which a second‑hand market is operated; or\n\t(v)\tthe address at which records required to be kept under this Act by a person who operates or formerly operated a second‑hand market are kept; or\n\t(vi)\tthe address for service of a person who operates a second‑hand market or, unless the person is no longer required to keep records under the Act, the address for service of a person who formerly operated a second‑hand market,\nthe person who operates or formerly operated the second‑hand market must, within 14 days, give written notice to the Commissioner of the new address or name (as the case may be);\n\t(b)\tif a second‑hand market that has been operated on a continuing basis ceases to be operated, the person who operated the market must, within 14 days, give written notice to the Commissioner of that fact;\n\t(c)\tif a person enters into a partnership to operate a second‑hand market or ceases to be in such a partnership, the person must, within 14 days, give written notice to the Commissioner of that fact, together with the names and addresses of the members of the new or former partnership;\n\t(d)\tif a person becomes a director of a body corporate that operates a second‑hand market, the body corporate must, within 14 days, give written notice to the Commissioner of the name and residential address of the new director.\n14—Records to be kept by operator of second‑hand market (section 16 of Act)\n\t(1)\tFor the purposes of section 16 of the Act, the following records must be kept in relation to each day on which second‑hand goods are sold at the second‑hand market:\n\t(a)\tthe date on which and the place at which the second‑hand market is held;\n\t(b)\tthe full names and residential or business addresses of each person who sells prescribed goods at the second‑hand market.\n\t(2)\tFor the purposes of section 16 of the Act, the identity of the persons recorded under subregulation (1)(b) must be verified, and details of the means used to verify the identity must be recorded, in accordance with these regulations.\nSchedule 1—Notice of claim to goods in possession of second‑hand dealer\nClaim to goods in possession of second‑hand dealer\nClaimant\nName of claimant:\nAddress of claimant:\nI claim that the following goods are stolen goods and that I am entitled to possession of the goods.\nDescription of goods:\nI claim that the goods were stolen on [insert date] from [insert location/address]\nPolice station at which goods reported stolen (if so reported):\nPolice report number (if known):\nI can identify the goods as goods to which I am entitled because of the following marks or features:\nDate:\nSignature of claimant:\nSecond‑hand dealer\nName of second‑hand dealer:\nBusiness address of dealer:\nAddress at which claimed goods located:\nDate:\nSignature of dealer:\nInformation\n1\tThis notice must be completed and signed by the claimant and the dealer.\n2\tThe dealer must—\n\t•\timmediately on completion and signing of the notice, give the claimant a copy of the notice; and\n\t•\tnotify a police officer of the making of the claim, and give the officer a copy of the notice, in accordance with the regulations; and\n\t•\tkeep a copy of the notice at the place at which the goods are kept.\n3\tThe dealer must not, without the written authority of a police officer, sell or part with possession of the goods.\n4\tThe Magistrates Court may, on application by a person entitled to the possession of stolen goods that are or have been in possession of a second‑hand dealer—\n\t•\torder that the goods be returned to the person or, if the dealer has unlawfully sold or parted with possession of the goods, that the dealer pay to the person the value of the goods;\n\t•\tmake such other orders as to compensation for damage to the goods or otherwise as it thinks fit.\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.\nLegislation revoked by principal regulations\nThe Second-hand Dealers and Pawnbrokers Regulations 2013 revoked the following:\nSecond-hand Dealers and Pawnbrokers Regulations 1998\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2013\n213\nGazette 29.8.2013 p3653\n1.9.2013: r 2\n2016\n42\nGazette 2.6.2016 p2012\n1.7.2016: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2016\nr 3\n\n\nr 3(1)\nr 3 redesignated as r 3(1) by 42/2016 r 4(2)\n1.7.2016\nclose associate\ninserted by 42/2016 r 4(1)\n1.7.2016\ndomestic partner\ninserted by 42/2016 r 4(1)\n1.7.2016\nr 3(2) and (3)\ninserted by 42/2016 r 4(2)\n1.7.2016\nr 7A\ninserted by 42/2016 r 5\n1.7.2016\nr 8\nsubstituted by 42/2016 r 6\n1.7.2016\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2016\nTransitional etc provisions associated with regulations or variations\nSecond-hand Dealers and Pawnbrokers Variation Regulations 2016 (No 42 of 2016), Sch 1—Transitional provision\n1—Dealers to give Commissioner of Police notice of certain information\nA person who, at the commencement of these regulations, is carrying on a business as a second‑hand dealer must, within 1 month of that commencement, give the Commissioner of Police written notice containing the following information:\n\t(a)\tin the case of a natural person who is a second‑hand dealer—\n\t(i)\tthe telephone number and email address of the person; and\n\t(ii)\tthe full name, residential address and date of birth of each close associate of the person; and\n\t(iii)\tif the business is carried on in partnership—\n\t(A)\tthe telephone number and email address of each partner; and\n\t(B)\tthe full name, residential address and date of birth of each close associate of each partner;\n\t(b)\tin the case of a body corporate that is a dealer—\n\t(i)\tthe telephone number and email address of each director of the body corporate; and\n\t(ii)\tthe telephone number of the registered corporate office of the body corporate; and\n\t(iii)\tthe full name, residential address and date of birth of—\n\t(A)\teach close associate of the body corporate; and\n\t(B)\teach close associate of each director of the body corporate.\nMaximum penalty: $2 500.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond simple record-keeping for second-hand sales. The 2016 amendments introduced extensive 'close associate' reporting requirements (regulation 8), bringing in family members, household members, and persons with 'significant influence' over the business. This represents a shift from regulating business transactions to regulating the personal and business networks of dealers. Additionally, regulation 7A expands police disqualification powers to include serious organised crime offences, drug offences, and firearms offences, effectively using the second-hand dealer licensing regime as a tool for broader criminal intelligence gathering and control."},"complexity_factors":["Extensive defined terms section with 12 defined terms including complex nested definitions (e.g., 'prescribed goods' has 16 sub-categories with further sub-lists for motor vehicle components)","Multiple cross-references to other legislation including the Corporations Act 2001 (Cth), Family Relationships Act 1975, Motor Vehicles Regulations 2010, Local Government Act 1999, and various criminal statutes","Conditional application rules with numerous exceptions and exemptions (regulation 4 has 9 subsections with multiple carve-outs for different business types and goods)","Detailed procedural requirements for identity verification with multiple alternative pathways (regulation 9)","Extensive notification requirements with cascading obligations for different entity types (natural persons, partnerships, body corporates) and different categories of associates","Nested definitions for 'close associate' with 6 separate criteria including subjective elements like 'significant influence'","Modification of primary Act provisions for specific scenarios (abandoned goods in regulation 5)","Prescribed forms with mandatory content requirements (Schedule 1 and pawn ticket contents in regulation 11)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how second-hand dealers and pawnbrokers must operate in South Australia. They work together with the *Second-hand Dealers and Pawnbrokers Act 1996* to prevent the sale of stolen goods and ensure proper record-keeping.\n\n**Who it affects:**\n\n- **Second-hand dealers** – people or businesses that buy and sell used goods (like jewellery, electronics, tools, bikes, car parts)\n- **Pawnbrokers** – businesses that lend money against personal items (pawns) that customers can later redeem\n- **Auctioneers** who sell second-hand goods\n- **Operators of second-hand markets** (like swap meets or flea markets)\n- **Customers** who sell, pawn, or buy second-hand goods\n\n**Key requirements:**\n\n- **Record-keeping:** Dealers must keep detailed records of all transactions, including descriptions of goods, seller identification, and verification details\n- **Holding periods:** Certain goods must be held for a set period (to allow police to check if they're stolen) before they can be resold\n- **Identity verification:** Sellers must prove who they are using government-issued ID\n- **Notification:** Dealers must tell police about their business details, any changes, and their \"close associates\" (family members, business partners, or people who influence the business)\n- **Pawn tickets:** Must include specific information like interest rates, redemption periods, and descriptions of pawned items\n- **Stolen goods claims:** If someone claims goods are stolen, there is a formal process involving police notification and court applications\n\n**Why it matters:**\n\nThese rules help police track stolen property, reduce the market for stolen goods, protect consumers from buying stolen items, and ensure pawnbroking is conducted fairly with clear terms for borrowers."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations narrow and clarify the Act's practical scope by specifying which goods and transactions trigger key duties and by creating explicit exemptions and special rules. Notably r 4 confines ss 8–10 of the Act to pawns and \"prescribed goods\" and exempts charities, recyclers and vehicle dealers; r 5 modifies record and claim procedures for abandoned goods; r 7A expands prescribed disqualification offences; and the 2016 amendments add \"close associate\" reporting requirements."},"complexity_factors":["Extensive defined terms and long list of \"prescribed goods\" that determine when key duties apply (r 3 definitions).","Multiple cross‑references and carve‑outs that change how Act sections operate (eg r 4 limits application of ss 8–10; r 5 modifies abandoned goods rules).","Detailed record‑keeping, notice and verification requirements with specific content and timeframes (ss 8, 9, 11, 12, 13, 14).","Different obligations depending on role (dealer, pawnbroker, auctioneer, market operator) creating parallel compliance tracks (r 6, r 13, r 14).","Prescribed offences and expanded disqualification powers that involve policing discretion and criminal history assessments (r 7, r 7A).","Interplay with other statutes and regulations (eg Motor Vehicles Regulations, Local Government Act) that affect applicability (r 3 definitions; r 4(5), r 5(2)).","Transitional and amendment history (2016 variations) introducing new concepts (eg \"close associate\") and short compliance deadlines for existing dealers.","Specific form and content requirements (Schedule 1; pawn ticket content r 11) increasing administrative detail and potential for technical non‑compliance.","Monetary penalty provisions for failures to notify under transitional rules (Schedule 1 transitional provision)."],"plain_english_summary":"These regulations give practical detail to the Second‑hand Dealers and Pawnbrokers Act 1996: they define which goods are \"prescribed\", set identity‑verification and record‑keeping rules, specify what pawn tickets must contain, and require dealers, auctioneers and market operators to notify police and keep daily records. They also prescribe disqualification grounds, exemptions (eg charities, recyclers, vehicle dealers) and procedures for abandoned goods. The rules affect dealers, pawnbrokers, auctioneers, market operators and their customers by imposing compliance, reporting and retention duties enforced by penalties."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Cannot be assessed — the legislative text was not retrievable from the URL provided. The page returned a 404-style error, possibly due to a website restructure on 24 March 2026. No comparison between original and current scope is possible without the actual content."},"complexity_factors":["No actual legislative text was provided — only a website error page was submitted","Unable to assess complexity of the underlying regulations without the text","Score of 1 reflects absence of content to analyse, not simplicity of the law itself"],"plain_english_summary":"The regulations set out rules governing second‑hand dealers and pawnbrokers in South Australia, affecting businesses and individuals who buy, sell or pawn used goods. They prescribe operational requirements—typically records, identity checks, holding periods and licensing conditions—to help trace stolen property and support law enforcement.\n\nTo analyze further, the actual regulation text is needed."}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2013","history":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2013/history","analysis":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2013/analysis","conflicts":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2013/conflicts","importantCases":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2013/important-cases","documents":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2013/documents"}}