38Dealings that give rise to presumption of carrying on business

#### 38 Dealings that give rise to presumption of carrying on business 38 Dealings that give rise to presumption of carrying on business > > (1) In any proceedings under or arising from this Act, a person who, on more than 6 days in any period of 12 months, sold any second-hand goods, is presumed to be carrying on a business of buying or selling second-hand goods, but the presumption may be displaced by evidence that satisfies the court to the contrary. > > > (2) For the purposes of subsection (1), it does not matter whether the second-hand goods were sold from a shop, market stall or other premises occupied permanently, regularly or on occasion, or from residential premises, or from a vehicle or water-going vessel or by an itinerant. > > > (3) This section operates without prejudice to any other means of proving, for the purposes of any proceedings, that a person is carrying on a business of buying or selling second-hand goods. > > **s 38:** Am 2002 No 104, Sch 1 \[39\].