{"id":"tas:sr-2026-029","name":"Second-hand Dealers and Pawnbrokers Regulations 2026","slug":"second-hand-dealers-and-pawnbrokers-regulations-2026","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"29 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":480868,"registerId":"tas-tas:sr-2026-029-current","compilationNumber":null,"startDate":"2026-06-15","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 2026](/view/html/inforce/2026-10-02/sr-2026-029) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 15 June 2026.","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/2026-10-02/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/2026-10-02/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/2026-10-02/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/2026-10-02/act-1996-023#GS89@EN) [Firearms Act 1996](/view/html/inforce/2026-10-02/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/2026-10-02/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/2026-10-02/act-1996-023#GS89@EN) [Firearms Act 1996](/view/html/inforce/2026-10-02/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/2026-10-02/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/2026-10-02/act-1994-095#GS14@Gs3@EN) of the Act, the prescribed amount is $300.","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/2026-10-02/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/2026-10-02/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/2026-10-02/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/2026-10-02/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 3 June 2026\n\nThese regulations are administered in the Department of Justice.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The supplied document contains only status and administrative metadata and does not include the substantive regulatory text needed to determine whether the 2026 Regulations change the scope of regulation compared with earlier versions or the enabling Act. Based on the available excerpt I cannot identify any expansion or restriction of scope. To assess scope changes (for example, new categories of persons subject to rules, broader definitions, added online marketplace coverage, or new retention periods) I would need the operative clauses or a table of amendments."},"complexity_factors":["Supplied excerpt contains only metadata and no substantive provisions (prevents exact measurement)","Typical instrument cross‑references a principal Act (Second‑hand Dealers and Pawnbrokers Act) and other statutes (police powers, privacy laws)","Multiple operational elements normally present: definitions, licence/registration rules, record‑keeping obligations, reporting obligations, holding periods, offences and penalties, authorised officer powers, schedules/forms","Conditional rules and exemptions are common (creates nested logic: who is a dealer, what transactions are excluded)","Interaction with external databases and police systems creates administrative and technical complexity","Potential for numerous prescribed forms and fee schedules in schedules or regulations","Transitional provisions and grandfathering often add layers of exception handling"],"plain_english_summary":"**What this document (as supplied) is**\n\nThis file is the official listing and metadata for the \"Second‑hand Dealers and Pawnbrokers Regulations 2026\" (Tasmania) and shows the version is current from 15 June 2026. The excerpt you provided contains only header, status and administrative information — it does not include the substantive regulatory clauses, schedules, or forms. Because no operative provisions were supplied, I cannot summarise specific new duties, offences, or fee schedules from this instrument itself.\n\n**What regulations of this type typically do (mechanics)**\n\n- Require second‑hand dealers and pawnbrokers to register or hold licences and display them on the premises.  \n- Mandate record‑keeping for purchases, sales and pawn transactions (names, ID, description of goods, serial numbers, dates) and retention periods for those records.  \n- Require dealers to report or check goods against police databases and to notify or deliver suspected stolen goods to police.  \n- Prescribe time delays or cooling‑off periods before reselling certain items (to give police time to investigate).  \n- Set standards for storage, security and signage for premises, and for the form of receipts and contracts.  \n- Create offences and penalties for non‑compliance (fines, licence cancellation) and give powers of inspection to police or authorised officers.  \n- May include exemptions (private sales, certain classes of goods), transitional rules, and prescribed forms/fees.\n\n**Who is usually affected**\n\n- Businesses that buy, sell or pawn second‑hand goods (pawnshops, second‑hand dealers, recyclers, online second‑hand sellers depending on scope).  \n- Owners of premises where such businesses operate.  \n- Customers who sell goods to dealers or use pawn services.  \n- Police and other authorised officers who enforce the rules.  \n\n**Why it matters (practical effects)**\n\n- Imposes compliance costs on businesses (staff time, secure storage, record systems, ID checks).  \n- Gives police more information and inspection powers intended to reduce the trade in stolen goods.  \n- Affects the speed and ease with which dealers can resell stock (possible holding periods and checks).  \n- May influence pricing or services offered if compliance costs are material.\n\n**Purpose claims and trade‑offs (explicitly attributed)**\n\n- The stated policy purpose of these kinds of regulations is typically to deter and disrupt the market for stolen goods by increasing transparency and traceability (this is a common explanatory claim for such instruments).  \n- Cost and incentive trade‑offs: the same measures that increase traceability create ongoing administrative and capital costs for legitimate dealers and can slow turnover of inventory. Those costs are borne by businesses (and indirectly by customers through prices).  \n- Compliance burden creates a steady administrative demand (record keeping, ID checks, data management). Firms with thin margins or many low‑value transactions will be relatively more affected.  \n- Enforcement relies on inspection powers and information systems; implementation risk arises if police/databases are under‑resourced or if privacy and data‑sharing rules are unclear.\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: primarily the regulated businesses (administrative costs, possible licence fees, IT or storage investments).  \n- Who decides: the regulator (usually the Minister or an appointed agency under the enabling Act) sets licence conditions and authorised officers enforce compliance; police decide follow‑up actions on suspected stolen goods.  \n- Behaviour changes: dealers will keep fuller records, perform ID checks, delay resale of certain items, and may refuse suspicious transactions; some small sellers may seek alternative sale channels to avoid compliance requirements.\n\n**Limitations of this analysis**\n\n- I cannot quote or test specific clauses, penalties, definitions, exemptions or transitional arrangements because the operative provisions of the Regulations were not included in the supplied text. To give a precise, section‑by‑section legal summary and a concrete assessment of compliance cost, enforcement powers, or scope changes I need the text of the Regulations (or the amending instrument listing)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2026","history":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2026/history","analysis":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2026/analysis","conflicts":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2026/conflicts","importantCases":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2026/important-cases","documents":"/api/acts/second-hand-dealers-and-pawnbrokers-regulations-2026/documents"}}