{"id":"sl-2002-8","name":"Second-hand Dealers Regulation 2002","slug":"second-hand-dealers-regulation-2002","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173807,"registerId":"act-sl-2002-8-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Second-hand Dealers Regulation 2002","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSecond-hand Dealers Regulation 2002\nSL2002-8\nmade under the\nSecond-hand Dealers Act 1906\nRepublication No 18\nEffective: 21 March 2025\nRepublication date: 21 March 2025\nLast amendment made by A2025-3\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 Regulation 2002, made under the Second-\nhand Dealers Act 1906 (including any amendment made under the Legislation Act 2001, part\n11.3 (Editorial changes)) as in force on 21 March 2025. It also includes any commencement,\namendment, repeal or expiry affecting this republished law to 21 March 2025.\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 ACT\nlegislation 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 by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes 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\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSecond-hand Dealers Regulation 2002\nmade under the\nSecond-hand Dealers Act 1906\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Kinds of second-hand goods—Act, dict, def second-hand goods 2\n6 Meaning of photo identification document 3\n7 Meaning of non-photo identification document 3\n8 Making records about goods bought or received—Act, s 6 (1) 4\n9 Making records about goods sold or disposed of—Act, s 6 (1) 5\n10 Making records—goods bought from exempt entities—Act, s 6 (1) 6\n11 Keeping records—Act, s 6 (2) 6\n12 Giving records to the police—Act, s 6 (3) 7\n\nContents\nPage\ncontents 2 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Goods that are second-hand goods 9\nSchedule 2 Photo and non-photo identification\ndocuments 11\nPart 2.1 Photo identification documents 11\nPart 2.2 Non-photo identification documents 12\nDictionary 14\nEndnotes\n1 About the endnotes 17\n2 Abbreviation key 17\n3 Legislation history 18\n4 Amendment history 21\n5 Earlier republications 23\n\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSecond-hand Dealers Regulation 2002\nmade under the\nSecond-hand Dealers Act 1906\n\nSection 1\npage 2 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Second-hand Dealers Regulation 2002.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation or in other legislation.\nFor example, the signpost definition ‘credit card—see the Australian\nConsumer Law (ACT), section 2 (1).’ means that the term ‘credit card’ is\ndefined in that law and the definition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Kinds of second-hand goods—Act, dict, def second-hand\ngoods\n(1) Goods of the kinds mentioned in schedule 1 are second-hand goods.\n(2) However, goods are not second-hand goods if they are taken as a\ntrade-in by a person (other than a licensed second-hand dealer) as part\nof the sale of goods that are not second-hand goods.\n\nSection 6\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Meaning of photo identification document\nIn this regulation:\nphoto identification document, for a person, means any of the\nfollowing kinds of documents issued to the person if the document\ncontains a recent photograph of the person and shows the particulars\nmentioned in schedule 2, part 2.1, column 3 for the document:\n(a) a current Australian driver licence;\n(b) a current external driver licence written in English;\n(c) a current external driver licence not written in English together\nwith–\n(i) an international driving permit; or\n(ii) an official English translation of the licence;\n(d) a current passport written in English;\n(e) a current passport not written in English together with an\nEnglish translation of the passport;\n(f) a current proof of identity card;\n(g) a current Australian student identification card.\n7 Meaning of non-photo identification document\nIn this regulation:\nnon-photo identification document, for a person, means any of the\nfollowing documents if the document shows the particulars\nmentioned in schedule 2, part 2.2, column 3 for the document:\n(a) the person’s birth certificate;\n(b) the person’s citizenship certificate;\n(c) an extract from the electoral roll;\n(d) a record about land titles;\n\nSection 8\npage 4 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) a current entitlement card;\n(f) a current credit or debit card issued to the person;\n(g) a document issued by a financial institution;\n(h) a service bill;\n(i) a document issued by the Territory.\n8 Making records about goods bought or received—Act,\ns 6 (1)\n(1) This section applies if a licensed second-hand dealer buys, or receives\nin another way, second-hand goods from a person other than an\nexempt entity.\n(2) The dealer must make a record of the following:\n(a) the date and time when the dealer bought or received the goods\nfrom the person;\n(b) a description of the goods, including colour, any brand name,\nserial number or other identifiable number and any hallmark,\ninscription or engraving on the goods;\n(c) the person’s verified full name;\n(d) the person’s home address, home telephone number and date of\nbirth;\n(e) for at least—\n(i) 1 photo identification document for the person—the kind\nof document and the required particulars; or\n(ii) 3 non-photo identification documents for the person, 1 of\nwhich must show the person’s home address—\n(A) the required particulars; and\n(B) for a birth certificate, citizenship certificate or extract\nfrom the electoral roll—the kind of document;\n\nSection 9\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) if the goods were bought by the dealer—the amount paid to the\nperson;\n(g) if the goods were received in another way by the dealer—the\nconsideration given to the person for the goods;\n(h) the stock number given to the goods by the dealer.\n(3) For subsection (2) (c), the person’s name is verified only if the person\nshows the dealer—\n(a) at least 1 photo identification document for the person; or\n(b) at least 3 non-photo identification documents that each show the\nperson’s name and the name is the same on each document.\n9 Making records about goods sold or disposed of—Act,\ns 6 (1)\n(1) This section applies if—\n(a) a licensed second-hand dealer—\n(i) sells second-hand goods to a person; or\n(ii) disposes of second-hand goods in another way to a person;\nor\n(iii) disposes of second-hand goods other than to a person; and\n(b) the value of the second-hand goods is more than $50.\n(2) The dealer must make a record of the following:\n(a) the date and time when the dealer sold or disposed of the goods;\n(b) the person’s full name and home address or, if the goods were\ndisposed of other than to a person, details of how the goods were\ndisposed of;\n(c) the stock number given to the goods by the dealer.\n\nSection 10\npage 6 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Making records—goods bought from exempt entities—\nAct, s 6 (1)\n(1) This section applies if—\n(a) a licensed second-hand dealer buys second-hand goods from an\nexempt entity; and\n(b) the dealer buys the goods for the purpose of selling, or disposing\nof, them to someone else.\n(2) The dealer must make a record of the following:\n(a) the date and time when, and place where, the dealer bought the\ngoods;\n(b) a description of the goods, including colour, any brand name,\nserial number or other identifiable number and any hallmark,\ninscription or engraving on the goods;\n(c) the amount paid for the goods;\n(d) the stock number given to the goods by the dealer.\n(3) If the goods are sold or disposed of to someone else, the dealer must\nmake a record of the following if the value of the goods is more than\n$50:\n(a) the date and time that the dealer sold or disposed of the goods;\n(b) the other person’s full name and home address;\n(c) the stock number given to the goods by the dealer.\n11 Keeping records—Act, s 6 (2)\n(1) A licensed second-hand dealer must keep records mentioned in\nsection 8, section 9 or section 10 in such a way that transactions may\nbe identified on both the basis of the date of the transaction and the\nkind of goods.\n\nSection 12\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The chief police officer may issue directions to licensed second-hand\ndealers about the keeping of records.\n(3) A direction is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n(4) The chief police officer must give additional public notice of a\ndirection under subsection (3).\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (4) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(5) Subsections (3) and (4) do not apply if the direction is addressed only\nto a licensed second-hand dealer named in the direction.\nNote A direction addressed to a licensed second-hand dealer named in the\ndirection must be given to the dealer in accordance with the Legislation\nAct, pt 19.5 (Service of documents).\n12 Giving records to the police—Act, s 6 (3)\n(1) The chief police officer may issue directions to licensed second-hand\ndealers about the records that must be given and the giving of those\nrecords to the police.\n(2) A direction is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n(3) The chief police officer must give additional public notice of a\ndirection under subsection (2).\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (3) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n\nSection 12\npage 8 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Subsections (2) and (3) do not apply if the direction is addressed only\nto a licensed second-hand dealer named in the direction.\nNote A direction addressed to a licensed second-hand dealer named in the\ndirection must be given to the dealer in accordance with the Legislation\nAct, pt 19.5 (Service of documents).\n\nGoods that are second-hand goods Schedule 1\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Goods that are second-hand\ngoods\n(see s 5)\ncolumn 1\nitem\ncolumn 2\ngoods\n1 jewellery that includes gemstones or precious metals\n2 gemstones\n3 precious metals\n4 watches\n5 sporting and recreational goods, other than—\n(a) clothes; or\n(b) shoes; or\n(c) goods sold by the Defence Force\n6 bicycles\n7 musical instruments\n8 photographic equipment\n9 tools, including tool kits and portable engine-powered tools, portable motorised tools\nor portable air-powered tools, other than tools sold by the Defence Force\n10 portable engine-powered, portable motorised or portable air-powered equipment,\nother than—\n(a) motorised wheelchairs, wheeled lounges, spinal carriages and other similar\ngoods designed to carry a person with a disability; or\n(b) goods sold by the Defence Force\n11 electrical or electronic goods, including microwave ovens, compact disc readers,\ncompact disc writers and compact disc rewriters, other than refrigerators, washing\nmachines and other whitegoods\n12 computer hardware\n13 computer software\n14 audio cassettes and records (singles and albums)\n\nSchedule 1 Goods that are second-hand goods\npage 10 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\ngoods\n15 video cassettes, floppy disks, compact (laser-read) discs, digital videodiscs and other\nelectronic information storage devices\n16 watercraft\n17 parts of watercraft\n18 car radios, car stereos and car sound equipment\n19 mobile telephones\n20 mobile telephone accessories\n\nPhoto and non-photo identification documents Schedule 2\nPhoto identification documents Part 2.1\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Photo and non-photo\nidentification documents\n(see s 6 and s 7)\nPart 2.1 Photo identification documents\ncolumn 1\nitem\ncolumn 2\nkind of document\ncolumn 3\nparticulars\n1 current Australian driver licence (a) issuing jurisdiction; and\n(b) licence number\n2 current external driver licence written in\nEnglish\n(a) issuing jurisdiction; and\n(b) licence number\n3 current external driver licence not written\nin English together with—\n(a) an international driving permit; or\n(b) an official English translation of\nthe licence\n(a) issuing jurisdiction; and\n(b) licence number; and\n(c) for the permit—\n(i) issuing body;\nand\n(ii) permit number\n4 current passport written in English (a) issuing jurisdiction; and\n(b) passport number\n5 current passport not written in English\ntogether with an English translation of the\npassport\n(a) issuing jurisdiction; and\n(b) passport number\n6 current proof of identity card (a) issuing jurisdiction; and\n(b) card number\n7 current Australian student identification\ncard\n(a) issuing institution; and\n(b) the student number\nshown on the card\n\nSchedule 2 Photo and non-photo identification documents\nPart 2.2 Non-photo identification documents\npage 12 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.2 Non-photo identification\ndocuments\ncolumn 1\nitem\ncolumn 2\nkind of document\ncolumn 3\nparticulars\n1 birth certificate (a) issuing jurisdiction; and\n(b) registration number; and\n(c) date of issue\n2 citizenship certificate (a) certificate number (if any); and\n(b) date of issue\n3 extract from the electoral roll date of issue\n4 record about land titles (a) issuing jurisdiction; and\n(b) type of document; and\nExamples of type of document\n1 mortgage\n2 certificate of title\n(c) date of issue\n5 entitlement card (a) issuing jurisdiction; and\n(b) type of card; and\nExample of type of card\nage pension card\n(c) customer reference number\n6 credit or debit card (a) name of the issuer of the card; and\n(b) type of card\nExample\nABC Bank, visa card\n\nPhoto and non-photo identification documents Schedule 2\nNon-photo identification documents Part 2.2\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nkind of document\ncolumn 3\nparticulars\n7 document issued by a financial\ninstitution\n(a) name of the financial institution;\nand\n(b) type of account; and\nExamples\n1 Cheap Home Loans, mortgage\naccount\n2 XYZ credit union, savings\naccount\n(c) date of issue\n8 service bill (a) name of the biller; and\n(b) type of service; and\nExample\nABC Energy, electricity bill\n(c) date of issue\n9 document issued by the\nTerritory\n(a) name of the Territory entity that\nissued the document; and\n(b) type of document; and\nExamples\n1 a rates notice\n2 a registration certificate for a\ndog\n(c) date of issue\n\nDictionary\npage 14 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• Australian Consumer Law (ACT)\n• Australian driver licence\n• authorised deposit-taking entity\n• body\n• chief police officer\n• entity\n• home address\n• registrar-general.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Second-hand Dealers Act 1906 (see Legislation Act, s 148.) For\nexample, the following terms are defined in the Second-hand Dealers\nAct 1906, dict:\n• licensed\n• second-hand dealer.\nAustralian student identification card means a card issued to a\nperson who is a student at an Australian secondary or tertiary\neducation institution to identify the person as a student at the\ninstitution.\nbirth certificate, for a person, means the person’s birth certificate, or\na certified extract from the register about the person’s birth, under the\nBirths, Deaths and Marriages Registration Act 1997 or a\ncorresponding law of a State, an external Territory or New Zealand.\ncitizenship certificate, for a person, means a certificate, declaration,\nnotice or other instrument of the person’s nationality under the\nAustralian Citizenship Act 2007 (Cwlth) or the Australian Citizenship\nAct 1948 (Cwlth) (repealed).\ncredit card—see the Australian Consumer Law (ACT), section 2 (1).\n\nDictionary\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndebit card—see the Australian Consumer Law (ACT), section 2 (1).\ndocument issued by a financial institution, for a person, means a\ndocument issued to the person by a financial institution from its\nrecords about the person’s account with the institution.\ndocument issued by the Territory, for a person, means a document\nissued to the person by the Territory from its records.\nentitlement card, for a person, means a card issued to the person by\nthe Commonwealth, a State, an external Territory or New Zealand as\nevidence of the person’s entitlement to a financial benefit.\nexempt entity means an entity exempt under the Traders (Licensing)\nAct 2016, section 21.\nexternal driver licence—see the Road Transport (Driver Licensing)\nAct 1999, dictionary.\nextract from the electoral roll, for a person, means an extract about\nthe person made by the Australian Electoral Commission from the\nelectoral roll.\nfinancial institution means—\n(a) an authorised deposit-taking institution; or\n(b) a credit provider, registered or licensed under the National\nConsumer Credit Protection Act 2009 (Cwlth) or a\ncorresponding law of an external Territory or New Zealand, that\ncarries on the business of providing home loans.\ninternational driving permit—see the Road Transport (Driver\nLicensing) Regulation 2000, dictionary.\nnon-photo identification document—see section 7.\nofficial English translation, of a licence—see the Road Transport\n(Driver Licensing) Regulation 2000, dictionary.\nphoto identification document—see section 6.\n\nDictionary\npage 16 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nproof of identity card means a proof of identity card issued under—\n(a) the Liquor Act 2010, section 210 (Proof of identity cards); or\n(b) the law of a State, an external territory or New Zealand.\nrecord about land titles, for a person, means a copy of a record issued\nunder a law about land titles relating to the person’s interest in land\nthat is certified by the registrar-general or a corresponding person\nunder a law of a State, an external Territory or New Zealand.\nrequired particulars—\n(a) for a photo identification document—the particulars mentioned\nin schedule 2, part 2.1, column 3 for the document; or\n(b) for a non-photo identification document—the particulars\nmentioned in schedule 2, part 2.2, column 3 for the document.\nservice bill, for a person, means a bill issued to the person in relation\nto an electricity, gas, water or sewerage service, telephone service or\ninternet service.\n\nEndnotes\nAbout the endnotes 1\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 17\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 law\nbut 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 details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined 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 18 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Second-hand Dealers Regulations 2002. It was\nrenamed under the Legislation Act 2001.\nSecond-hand Dealers Regulation 2002 SL2002-8\nnotified LR 15 April 2002\ns 1, s 2 commenced 15 April 2002 (LA s 75)\nremainder commenced 16 April 2002 (s 2)\nas amended by\nJustice and Community Safety Legislation Amendment Act 2002\nA2002-27pt 15\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\npt 15 commenced 7 October 2002 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2003\n(No 2) A2003-47 pt 11\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\npt 11 commenced 1 November 2003 (s 2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.68\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.68 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.69\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.69 commenced 17 December 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 1 pt 1.11\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3, sch 1 pt 1.11 commenced 6 October 2010 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.20\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.20 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.23\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.23 commenced 1 January 2011 (s 2 (1))\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.43\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.43 commenced 5 June 2012 (s 2 (1))\nNational Energy Retail Law (Consequential Amendments) Act 2012\nA2012-32 pt 13\nnotified LR 14 June 2012\ns 1, s 2 commenced 14 June 2012 (LA s 75 (1))\npt 13 commenced 1 July 2012 (s 2 (1) and see National Energy Retail\nLaw (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 15\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 15 commenced 7 November 2014 (s 2)\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.52\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.52 commenced 10 June 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.60\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.60 commenced 14 October 2015 (s 2)\n\nEndnotes\n3 Legislation history\npage 20 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.9\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\nsch 1 pt 1.9 commenced 29 August 2016 (s 2 and LA s 79)\nTraders (Licensing) Act 2016 A2016-46 sch 2 pt 2.6\nnotified LR 22 August 2016\ns 1, s 2 commenced 22 August 2016 (LA s 75 (1))\nsch 2 pt 2.6 commenced 22 August 2017 (s 2)\nJustice and Community Safety Legislation Amendment Act 2025\n(No 2) A2025-3 sch 1 pt 1.9\nnotified LR 14 March 2025\ns 1, s 2 commenced 14 March 2025 (LA s 75 (1))\nsch 1 pt 1.9 commenced 21 March 2025 (s 2)\n\nEndnotes\nAmendment history 4\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R5 LA\nCommencement\ns 2 om LA s 89 (4)\nDictionary\ns 3 am A2010-54 amdt 3.54\nKinds of second-hand goods—Act, dict, def of second-hand goods\ns 5 am A2002-27 s 70\nExempt entities—Act, s 4 (2)\ns 5A ins A2002-27 s 71\nam A2003-47 s 38\nom A2016-46 amdt 2.51\nRequirement for displayed lettering—Act, s 5\ns 5B ins A2003-47 s 39\nom A2014-47 s 29\nMeaning of photo identification document\ns 6 am A2016-7 amdt 1.19\nMaking records about goods bought or received—Act, s 6 (1)\ns 8 am A2002-27 s 72\nMaking records about goods sold or disposed of—Act, s 6 (1)\ns 9 am A2002-27 s 73\nMaking records—goods bought from exempt entities—Act, s 6 (1)\ns 10 hdg sub A2002-27 s 74\ns 10 am A2002-27 s 75\nKeeping records—Act, s 6 (2)\ns 11 am A2009-20 amdt 3.193; A2015-15 amdt 3.210; A2015-33\namdt 1.213\nGiving records to the police—Act, s 6 (3)\ns 12 am A2009-20 amdt 3.193; A2015-15 amdt 3.210; A2015-33\namdt 1.214\nTransitional—records\ns 13 exp 1 July 2002 (s 13 (5))\nPhoto and non-photo identification documents\nsch 2 am A2009-49 amdt 3.180; A2012-21 amdt 3.173; A2015-15\namdt 3.211; A2016-7 amdt 1.20\n\nEndnotes\n4 Amendment history\npage 22 Second-hand Dealers Regulation 2002\nEffective: 21/03/25\nR18\n21/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict am A2009-20 amdt 3.194; A2009-49 amdt 3.181; A2010-54\namdt 3.55; A2015-33 amdt 1.215; A2016-46 amdt 2.52\ndef citizenship certificate sub A2012-21 amdt 3.174\ndef credit card sub A2010-54 amdt 3.56\ndef debit card sub A2010-54 amdt 3.56\ndef exempt entity ins A2002-27 s 76\nsub A2003-47 s 40; A2016-46 amdt 2.53\ndef extract from the electoral roll am A2025-3 amdt 1.19\ndef financial institution am A2010-40 amdt 1.34\ndef proof of age card sub A2010-43 amdt 1.67\nom A2016-7 amdt 1.21\ndef proof of identity card ins A2016-7 amdt 1.22\ndef service bill am A2012-32 s 67\ndef utility service om A2012-32 s 68\n\nEndnotes\nEarlier republications 5\nR18\n21/03/25\nSecond-hand Dealers Regulation 2002\nEffective: 21/03/25\npage 23\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 are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 not amended 17 April 2002\n2 not amended 3 October 2002\n3 A2002-27 7 October 2002\n4 A2003-47 1 November 2003\n5 A2003-47 1 November 2004\n6 A2009-20 22 September 2009\n7 A2009-49 17 December 2009\n8 A2010-40 6 October 2010\n9 A2010-43 1 December 2010\n10 A2010-54 1 January 2011\n11 A2012-21 5 June 2012\n12 A2012-32 1 July 2012\n13 A2014-47 7 November 2014\n14 A2015-15 10 June 2015\n15 A2015-33 14 October 2015\n16 A2016-7 29 August 2016\n17 A2016-46 22 August 2017\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Since 2002 the regulation has been amended to refine which goods and identity documents qualify, and to adjust record-keeping details and definitions. Notable changes include updates to acceptable ID and insertion of proof-of-identity card provisions (amendments such as A2016-7 affecting s 6 and Sch 2), changes around exempt entities (A2016-46 affecting s 5 and related definitions), and a 2025 amendment updating the extract-from-electoral-roll definition (A2025-3). These amendments alter compliance obligations rather than removing the core record-keeping regime."},"complexity_factors":["Prescriptive lists of covered goods and acceptable ID (Schedule 1; Schedule 2) increase compliance specificity.","Detailed verification rules requiring either 1 photo ID or 3 non-photo IDs for name verification (s 8(3); s 6–7).","Different record templates depending on transaction type (buy/receive, sell/dispose, exempt-entity purchases) and a $50 threshold for some obligations (ss 8–10; s 9(1)).","Retention and retrieval requirement to make transactions identifiable by date and kind imposes record-keeping systems work (s 11(1)).","Chief police officer discretion to issue notifiable directions on record-keeping and disclosure adds administrative variability and a public-notice step (ss 11(2)–(4); 12(1)–(3)).","Multiple cross-references to other Acts and external definitions (dictionary, Legislation Act, Road Transport and Australian Consumer Law) require interpretive checking across statutes (s 3; Dictionary)."],"plain_english_summary":"This regulation requires licensed second-hand dealers to make and keep specific records when they buy, receive, sell or dispose of second-hand goods: item descriptions, stock numbers, transaction times, prices and verified identity documents. It lists which goods are covered and which photo and non-photo ID count. Dealers pay the verification and record-keeping costs and must keep records searchable by date and kind. The chief police officer can issue directions about record-keeping and giving records to police (ss 6–12; schs 1–2)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operational details for second-hand dealer record-keeping and ID verification under the 1906 Act. While it has been updated over 23 years (18 republications) to modernise ID documents (adding student cards, updating citizenship certificate references) and adjust for legislative changes (Australian Consumer Law, Traders Licensing Act), it has not expanded beyond regulating second-hand goods transactions. Recent amendments (A2025-3) were minor technical updates to electoral roll definitions."},"complexity_factors":["Short regulation (12 operative sections plus 2 schedules)","Straightforward conditional logic (if/then structures in sections 8-10)","Limited cross-referencing (primarily to parent Act and standard definitions in Legislation Act)","Two-tier ID verification system (1 photo OR 3 non-photo documents) with clear alternatives","Specific goods list in Schedule 1 (20 categories) with explicit exclusions","Some nested definitions (e.g., 'required particulars' pointing to schedule columns) but clearly mapped","Standard dictionary definitions (16 defined terms) mostly referencing external legislation","No exceptions to exceptions or deeply nested subsections"],"plain_english_summary":"This regulation requires licensed second‑hand dealers in the ACT (pawn shops, used‑goods stores) to verify sellers’ identities and keep transaction records for many types of goods to help trace stolen property. It sets ID and record‑keeping rules (with limited low‑value exemptions), covers certain resale reporting, and lets police get records — affecting dealers, their customers, and ACT Policing by creating an audit trail to deter and detect theft."}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-dealers-regulation-2002","history":"/api/acts/second-hand-dealers-regulation-2002/history","analysis":"/api/acts/second-hand-dealers-regulation-2002/analysis","conflicts":"/api/acts/second-hand-dealers-regulation-2002/conflicts","importantCases":"/api/acts/second-hand-dealers-regulation-2002/important-cases","documents":"/api/acts/second-hand-dealers-regulation-2002/documents"}}