5Meaning of “second-hand goods”

5 Meaning of “second-hand goods”

5 Meaning of “second-hand goods”

(1) For the purposes of the definition of second-hand goods in section 3(1) of the Act, the following classes of goods are prescribed—

(a) items of jewellery that include gemstones or precious metals, including watches,

(b) gemstones and precious metals,

(c) electric or electronic goods, including mobile phones, global positioning system equipment and audio devices,

(d) computer hardware, including tablet computers and video game consoles,

(e) photographic and video equipment, including digital cameras, digital imaging equipment and video recording devices,

(f) musical instruments,

(g) sporting and recreational goods,

(h) watercraft used or capable of being used as a means of transportation on water, including parts of a watercraft,

(i) portable engine-powered, motorised and air-powered tools and equipment,

(j) car accessories.

(2) Despite subclause (1), the following classes of goods are not prescribed for the purposes of the definition of second-hand goods in section 3(1) of the Act—

(a) items that are not easily able to be carried or moved,

Example.

A piano that is not electric and industrial or farming machinery that cannot be driven or is not portable.

(b) a removable game cartridge or disc for a video games console or computer,

(c) wheelchairs and other mobility aids,

(d) microwave ovens, refrigerators, washing machines or other whitegoods,

(e) watercraft that cannot be lawfully towed or otherwise conveyed by a light vehicle within the meaning of the Road Transport Act 2013.

(3) For the purposes of the Act, none of the following activities constitutes the carrying on of a business of buying or selling second-hand goods if the activity is carried out by a person while, or ancillary to, carrying on a business that does not require a licence under the Act—