{"id":"tas:sr-2016-035","name":"Second-hand Dealers and Pawnbrokers Regulations 2016","slug":"second-hand-dealers-and-pawnbrokers-regulations-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"35 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186284,"registerId":"tas-tas:sr-2016-035-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Second-hand Dealers and Pawnbrokers Regulations 2016](/view/html/inforce/2026-04-12/sr-2016-035) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations, unless the contrary intention appears –\n> \n> > ***Act*** means the [Second-hand Dealers and Pawnbrokers Act 1994](/view/html/inforce/2026-04-12/act-1994-095) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Forms","content":"### 4 Forms\n\n> In these regulations, a reference to a form by number is a reference to the form so numbered in [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Notice of objection","content":"### 5 Notice of objection\n\n> For the purposes of [section 4(5)](/view/html/inforce/2026-04-12/act-1994-095#GS4@Gs5@EN) of the Act, the prescribed form for a notice of objection is Form 1.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Records of second-hand or pawned goods","content":"### 6 Records of second-hand or pawned goods\n\n> For the purposes of [section 10(1)](/view/html/inforce/2026-04-12/act-1994-095#GS10@Gs1@EN) of the Act –\n> \n> > > (a) the prescribed amount is $50; and\n> > \n> > > (b) in the case of second-hand goods which are firearms, the prescribed particulars are the particulars required to be contained in a record under [section 89 of the](/view/html/inforce/2026-04-12/act-1996-023#GS89@EN) [Firearms Act 1996](/view/html/inforce/2026-04-12/act-1996-023) ; and\n> > \n> > > (c) in any other case, the prescribed particulars are –\n> > > \n> > > > > (i) the full name and current residential address of the person from whom the goods are bought or received; and\n> > > > \n> > > > > (ii) the identifying number, if any, of the documentary proof of identity of the person from whom the goods are bought or received; and\n> > > > \n> > > > > (iii) the type of the documentary proof of identity of the person from whom the goods are bought or received; and\n> > > > \n> > > > > (iv) the date and time of the transaction; and\n> > > > \n> > > > > (v) a description of each of the goods bought or received by the dealer including, if applicable, the type, size, colour, brand, serial number and any distinguishing feature of the goods; and\n> > > > \n> > > > > (vi) the value of the consideration provided by the dealer for the goods.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Retention of second-hand goods","content":"### 7 Retention of second-hand goods\n\n> For the purposes of [section 11(3)(b)](/view/html/inforce/2026-04-12/act-1994-095#GS11@Gs3@Hpb@EN) of the Act –\n> \n> > > (a) the prescribed amount is $50; and\n> > \n> > > (b) in the case of second-hand goods which are firearms, the prescribed particulars are the particulars required to be contained in a record under [section 89 of the](/view/html/inforce/2026-04-12/act-1996-023#GS89@EN) [Firearms Act 1996](/view/html/inforce/2026-04-12/act-1996-023) ; and\n> > \n> > > (c) in any other case, the prescribed particulars are –\n> > > \n> > > > > (i) the full name and current residential address of the person receiving the goods; and\n> > > > \n> > > > > (ii) the identifying number, if any, of the documentary proof of identity of the person receiving the goods; and\n> > > > \n> > > > > (iii) the type of the documentary proof of identity of the person receiving the goods; and\n> > > > \n> > > > > (iv) the date and time of the transaction.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Duties of promoters of second-hand goods markets","content":"### 8 Duties of promoters of second-hand goods markets\n\n> For the purposes of [section 12(1)(a)](/view/html/inforce/2026-04-12/act-1994-095#GS12@Gs1@Hpa@EN) of the Act, the prescribed records are –\n> \n> > > (a) the full name and current residential address of each person selling second-hand goods at a second-hand goods market; and\n> > \n> > > (b) the identifying number, if any, of the documentary proof of identity of each person selling second-hand goods at a second-hand goods market and that document; and\n> > \n> > > (c) the type of the documentary proof of identity of each person selling second-hand goods at a second-hand goods market; and\n> > \n> > > (d) the date on which each person sold goods at the second-hand goods market.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Redemption of pledges","content":"### 9 Redemption of pledges\n\n> For the purposes of [section 14(3)](/view/html/inforce/2026-04-12/act-1994-095#GS14@Gs3@EN) of the Act, the prescribed amount is $100.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Sale of forfeited goods","content":"### 10 Sale of forfeited goods\n\n> For the purposes of [section 14(3)(c)](/view/html/inforce/2026-04-12/act-1994-095#GS14@Gs3@Hpc@EN) of the Act, the prescribed form for a record of sale is Form 2.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Payment of balance of proceeds of sale","content":"### 11 Payment of balance of proceeds of sale\n\n> For the purposes of [section 14(5)(b)](/view/html/inforce/2026-04-12/act-1994-095#GS14@Gs5@Hpb@EN) of the Act, the prescribed period is 6 months commencing on the day on which the pawned goods were sold under [section 14(3)](/view/html/inforce/2026-04-12/act-1994-095#GS14@Gs3@EN) of the Act.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Dealings in suspected stolen goods","content":"### 12 Dealings in suspected stolen goods\n\n> For the purposes of [section 16(2)(a)](/view/html/inforce/2026-04-12/act-1994-095#GS16@Gs2@Hpa@EN) of the Act, the prescribed form for a notice relating to suspected stolen goods is Form 3.","sortOrder":11},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms\n\n[Regulation 4](#GS4@EN)","sortOrder":12},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[![graphic image](/image/shdp0711.gif)](/image/shdp0711.gif)\n\n[![graphic image](/image/shdp0712.gif)](/image/shdp0712.gif)","sortOrder":13},{"sectionNumber":"Form 2","sectionType":"division","heading":"Form 2","content":"## Form 2 Form 2\n\n[![graphic image](/image/shdp072.gif)](/image/shdp072.gif)","sortOrder":14},{"sectionNumber":"Form 3","sectionType":"division","heading":"Form 3","content":"## Form 3 Form 3\n\n[![graphic image](/image/shdp073.gif)](/image/shdp073.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 15 June 2016\n\nThese regulations are administered in the Department of Justice.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations specify procedural and evidentiary details required by the Act—forms, prescribed particulars, monetary thresholds, retention and timing. They implement how the Act's powers operate in practice rather than altering the Act's substantive scope, offences or licensing framework (see regulations 4–12 and Schedule 1)."},"complexity_factors":["Direct cross‑references to multiple provisions of the Act (e.g. regs 5, 6, 7, 8, 9, 10, 11, 12) which require readers to consult the parent Act for full effect (regulation 3 defines 'Act').","Linkage to the Firearms Act 1996 for firearm‑specific record particulars (regs 6(b), 7(b)) increases inter‑statute dependence.","Several prescribed monetary thresholds and time periods that determine when recordkeeping and retention obligations apply ($50 in regs 6(a) and 7(a); $100 in reg 9; 6‑month period in reg 11).","Detailed identity and transaction data fields required for records (regs 6(c)(i)–(vi), 7(c)(i)–(iv), 8(a)–(d)) create granular compliance burden for businesses.","Mandatory use of specific forms set out in Schedule 1 (regs 4, 5, 10, 12) with embedded graphic images may affect how records are stored or digitised.","Operational matters (commencement on Gazette notice (reg 2) and administration by the Department of Justice) are procedural but relevant to implementation and enforcement."],"plain_english_summary":"These regulations set the exact forms, information fields and money thresholds that second‑hand dealers, pawnbrokers and promoters of second‑hand goods markets must use under the Second‑hand Dealers and Pawnbrokers Act 1994. They prescribe record forms (Schedule 1), identity‑verification particulars, retention and sale procedures, and monetary triggers ($50 for record/retention thresholds; $100 for pledge redemption). \n\nThey affect dealers, pawnbrokers, market promoters and sellers by fixing practical compliance steps, a 6‑month period for paying sale proceeds, and cross‑references for firearms records; administered by the Department of Justice."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence that the scope of this regulation changed from its original intent. It appears to have remained unchanged since its commencement on 15 June 2016, consistently targeting second-hand dealers and pawnbrokers in Tasmania."},"complexity_factors":["Only administrative/status information was provided — the actual substantive content of the regulations is absent, making meaningful legal analysis impossible","Regulations of this type are generally straightforward compliance instruments rather than complex legal frameworks","Tasmania-specific jurisdiction limits cross-jurisdictional complexity","No amendments appear to have been made since 2016, suggesting a stable and relatively simple regulatory scheme"],"plain_english_summary":"This regulation sets the operational framework for second-hand dealers and pawnbrokers in Tasmania, affecting businesses that buy, sell or pawn used goods and the public who trade with them. It matters because it prescribes practical safeguards — licensing, record‑keeping, holding periods and associated fees/forms — intended to help trace stolen goods and regulate the trade. Note: the provided document only shows administrative/status details; the full substantive rules aren’t included."},"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":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Second-hand Dealers and Pawnbrokers Act 1994 by setting specific thresholds, record-keeping requirements, and forms. There is no evidence of scope creep; the provisions directly support the parent Act's objectives of regulating the second-hand goods and pawnbroking industries."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Straightforward prescriptive provisions without nested conditions","No complex cross-referencing beyond references to the parent Act and Firearms Act","Simple monetary thresholds ($50, $100) and time periods (6 months)","Linear structure with each regulation addressing a single, discrete requirement","Forms are referenced but content is external (images not reproduced in text)"],"plain_english_summary":"This legislation sets out the practical rules for second-hand dealers and pawnbrokers in Tasmania (the parent Act is Tasmanian). It covers:\n\n**What it does:**\n- **Record-keeping requirements**: Dealers must record details of transactions involving second-hand goods worth $50 or more, including the seller's full name, address, proof of identity details, date/time of transaction, and detailed descriptions of the goods (type, size, colour, brand, serial number, distinguishing features).\n- **Special rules for firearms**: Firearms transactions must follow the record-keeping requirements of the Firearms Act 1996 instead of the standard rules.\n- **Holding periods**: Dealers must hold onto second-hand goods worth $50 or more for a set period (allowing police time to check if items are stolen).\n- **Pawnbroking rules**: Sets a $100 threshold for redeeming pawned items, requires specific forms for selling forfeited goods, and gives pawnbrokers 6 months to pay any surplus from sales back to the original owner.\n- **Market operators**: People running second-hand markets must keep records of all sellers, including their identity details.\n- **Stolen goods**: Prescribes the form for reporting suspected stolen goods to police.\n\n**Who it affects:**\n- Second-hand dealers (pawn shops, antique dealers, used goods stores)\n- Pawnbrokers\n- Promoters of second-hand markets (car boot sales, swap meets)\n- People selling or pawning goods\n\n**Why it matters:**\nThese rules help police trace stolen property, prevent the fencing of stolen goods, protect consumers in pawn transactions, and ensure there's a paper trail for valuable second-hand transactions. The $50 threshold balances compliance costs against the need to track higher-value items."}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2016","history":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2016/history","analysis":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2016/analysis","conflicts":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2016/conflicts","importantCases":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2016/important-cases","documents":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2016/documents"}}