Second-hand Dealers Act 1906 (ACT)

This Act establishes a regulatory framework for people who carry on business in certain second-hand goods in the Australian Capital Territory. Its operative mechanics are compact and rule-based: it defines who is a second-hand dealer (s 2A and the Dictionary), requires dealers who are licensed under the Traders (Licensing) Act 2016 to make and keep records and to give records to police in accordance with regulations (s 6), obliges dealers to allow police to inspect records and second-hand goods on request and authorises police to copy records and to examine or photograph goods suspected on reasonable grounds of being stolen or fraudulently obtained (s 7), and requires dealers to retain second-hand goods they buy or receive for a minimum period (s 8). The Act imposes an immediate notification obligation to police if a dealer has goods and either has been told by police they are stolen or reasonably suspects the goods are stolen or fraudulently obtained (s 9). It restricts where a licensed dealer may carry on business to the premises stated in the licence, while clarifying that buying goods away from the licensed premises is permitted (s 10). The Act also places parallel record and production obligations on market promoters where second-hand goods are sold (s 13), and gives a dealer limited authority to ask for identification in two defined circumstances (s 16A). The Executive may make regulations to fill in procedural detail, and the regulations may authorise the chief police officer to give written directions to licensed dealers about records (s 19).

The Act delegates significant detail to subordinate instruments. The statutory text repeatedly requires compliance "in accordance with the regulations" (see s 6(1)-(3), s 13(1)-(3)), and the Dictionary states that “second-hand goods” are those kinds prescribed by regulation. The regulations may also make money received by dealers trust money and prescribe how that trust money is to be dealt with (s 19(3)). The Act therefore sets default duties and civil enforcement through penalty units (specified in each provision), but it leaves the content of records required, the definition of covered goods, exemptions to retention rules, and procedural detail to regulation and to directions the chief police officer may give under the regulations.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Second-hand Dealers Act 1906 A1906-30 Republication No 15 Effective: 22 August 2017 Republication date: 22 August 2017 Last amendment made by A2017-4 (republication for amendments by A2016-46)

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Second-hand Dealers Act 1906 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 August 2017. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 22 August 2017. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Second-hand Dealers Act 1906 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 2AA Notes 2 2A Carrying on business as second-hand dealer 2 Part 3 Second-hand dealers 6 Records of second-hand dealers 4 7 Inspection of records and goods 4 8 Keeping of second-hand goods—dealers 5 9 Goods suspected of being stolen or fraudulently obtained 5 10 Second-hand dealers—carrying on business 6 Part 4 Miscellaneous 13 Records of market promoters 8

Contents Page contents 2 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16A Authority to ask for identification 8 19 Regulation-making power 9 Dictionary 10 Endnotes 1 About the endnotes 11 2 Abbreviation key 11 3 Legislation history 12 4 Amendment history 16 5 Earlier republications 21

R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Second-hand Dealers Act 1906 An Act to provide for the licensing and regulation of dealers in certain second- hand goods, to regulate the sale of certain second-hand goods, and for other purposes

Part 1 Preliminary Section 1 page 2 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Second-hand Dealers Act 1906. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘carries on business as a second-hand dealer—see section 2A.’ means that the term ‘carries on business as a second-hand dealer’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)). 2AA Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 2A Carrying on business as second-hand dealer (1) A person carries on business as a second-hand dealer if the person, for reward or profit–– (a) deals in second-hand goods; or (b) buys and sells second-hand goods; or (c) sells someone else’s second-hand goods as agent.

Preliminary Part 1 Section 2A R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, a person does not carry on business as a second-hand dealer only because the person hires out second-hand goods. (3) In this section: selling includes selling on commission or by auction.

Part 3 Second-hand dealers Section 6 page 4 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Second-hand dealers 6 Records of second-hand dealers (1) A licensed second-hand dealer must make, in accordance with the regulations, the records that the dealer is required to make under the regulations. Maximum penalty: 20 penalty units. (2) A licensed second-hand dealer must keep, in accordance with the regulations, the records required to be made under subsection (1). Maximum penalty: 20 penalty units. (3) A licensed second-hand dealer must give to the police, in accordance with the regulations, the records or copies of records that the dealer is required to give to the police under the regulations. Maximum penalty: 20 penalty units. 7 Inspection of records and goods (1) A licensed second-hand dealer must, if asked by a police officer, allow the police officer to inspect— (a) any record the dealer is required to keep under this Act; or (b) any second-hand goods in the dealer’s possession; or (c) any other record in the dealer’s possession relating to second- hand goods. Maximum penalty: 50 penalty units. (2) The police officer may— (a) copy any record inspected under this section; and (b) examine or photograph any second-hand goods in the dealer’s possession that the police officer suspects on reasonable grounds have been stolen or fraudulently obtained.

Second-hand dealers Part 3 Section 8 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) This section is additional to any other power of a police officer. 8 Keeping of second-hand goods—dealers (1) This section applies if a licensed second-hand dealer buys or otherwise receives second-hand goods from someone else. (2) The second-hand dealer must not sell or otherwise dispose of the second-hand goods, and must keep them in the condition in which the dealer receives them for— (a) if the dealer is a dealer for which a period of less than 5 working days is prescribed under the regulations—the prescribed period after the dealer buys or otherwise receives the goods; or (b) in any other case—5 working days after the dealer buys or otherwise receives the goods. Maximum penalty: 50 penalty units. (3) The regulations may— (a) exempt a second-hand dealer from subsection (2); or (b) authorise the chief police officer to exempt a dealer from subsection (2). 9 Goods suspected of being stolen or fraudulently obtained (1) This section applies to a licensed second-hand dealer in relation to second-hand goods if— (a) the dealer has or obtains possession of the goods or the goods are offered to the dealer; and (b) either of the following subparagraphs applies: (i) the dealer is or has been told by a police officer that the goods, or goods of their description, have been stolen or fraudulently obtained;

Part 3 Second-hand dealers Section 10 page 6 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the dealer suspects, or should reasonably suspect in the circumstances, that the goods have been stolen or fraudulently obtained. (2) The second-hand dealer must immediately tell a police officer that the goods are in the dealer’s possession or have been offered to the dealer. Maximum penalty: 50 penalty units. 10 Second-hand dealers—carrying on business (1) A licensed second-hand dealer must not carry on business as a second-hand dealer at a place other than premises stated in the licence. Maximum penalty: 50 penalty units. (2) To remove any doubt, a licensed second-hand dealer does not commit an offence against subsection (1) only because the dealer buys second-hand goods at a place other than premises stated in the licence. Examples 1 A licensed second-hand dealer buys second-hand goods from a charity or at a trash and treasure market. 2 A person advertises a piano for sale, a licensed second-hand dealer goes to the person’s home to look at the piano and the dealer buys the piano while at the person’s home. (3) A licensed second-hand dealer must not, without reasonable excuse, fail to produce his or her licence on demand made by a police officer at premises stated in the licence. Maximum penalty: 5 penalty units. (4) A licensed second-hand dealer must not buy or receive second-hand goods from a person if the dealer believes or has reasonable grounds to believe that the person is under 14 years old. Maximum penalty: 5 penalty units.

Second-hand dealers Part 3 Section 10 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) In this section: licence, of a licensed second-hand dealer, means the second-hand dealer’s licence under the Traders (Licensing) Act 2016.

Part 4 Miscellaneous Section 13 page 8 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 13 Records of market promoters (1) The promoter of a market must make, in accordance with the regulations, the records that the promoter is required to make under the regulations. Maximum penalty: 20 penalty units. (2) The promoter of a market must keep, in accordance with the regulations, the records required to be made under subsection (1). Maximum penalty: 20 penalty units. (3) The promoter of a market must give to the police, in accordance with the regulations, the records or copies of records that the promoter is required to give to the police under the regulations. Maximum penalty: 20 penalty units. (4) In this section: market means a market in which second-hand goods are sold, bought or otherwise dealt with (whether or not other goods are also dealt with at the market), but does not include an event or activity prescribed under the regulations. promoter, of a market, includes someone who manages, controls or organises the market. 16A Authority to ask for identification A licensed second-hand dealer may ask a person to show the dealer identification— (a) to enable the dealer to comply with section 6 (1); or

Miscellaneous Part 4 Section 19 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if the dealer sells second-hand goods, or disposes of second-hand goods in another way, to the person, the goods are worth more than $50 and the dealer believes or has reasonable grounds to believe that the name or home address given by the person is incorrect. 19 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The regulations may authorise the chief police officer to give written directions to licensed second-hand dealers imposing requirements with which they must comply for section 6 (Records of second-hand dealers). (3) The regulations may provide–– (a) that prescribed money received by a licensed second-hand dealer is trust money; and (b) how trust money may be dealt with; and (c) what records may be kept in relation to trust money.

Dictionary page 10 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:  chief police officer  home address  police officer. carries on business as a second-hand dealer––see section 2A. licensed means licensed under the Traders (Licensing) Act 2016. second-hand dealer means a person who carries on business as a second-hand dealer. Note A person must not carry on business as a second-hand dealer unless the person is licensed as a second-hand dealer under the Traders (Licensing) Act 2016. second-hand goods means second-hand goods of a kind prescribed under the regulations.

Endnotes About the endnotes 1 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 12 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This Act was originally a NSW Act—the Second-hand Dealers and Collectors A1906-30 (NSW). This Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6. Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4, the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth) converted certain former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). Under the Interpretation Act 1967, s 63 (all former NSW Acts in force in the ACT immediately before 10 November 1999 became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW laws fully into ACT laws. The Act was later renamed as the Second-hand Dealers Act 1906 by the Justice and Community Safety Legislation Amendment Act 2001 A2001-70 (see amdt 1.176). NSW legislation Second-hand Dealers Act 1906 A1906-30 assented to 12 December 1906 commenced 1 January 1907 as amended by Commonwealth legislation New South Wales Acts Application Ordinance 1985 Ord1985-25 notified 28 June 1985 (Cwlth Gaz 1985 No S244) commenced 28 June 1985 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12) disallowed by Senate 28 November 1985 Magistrates Court Ordinance 1985 Ord1985-67 notified 19 December 1985 (Cwlth Gaz 1985 No S542) commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)

Endnotes Legislation history 3 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au New South Wales Acts Ordinance 1986 Ord1986-91 notified 12 January 1987 (Cwlth Gaz 1987 No S1) commenced 12 January 1987 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12) Legislation after becoming Territory enactment Second-hand Dealers and Collectors (Amendment) Act 1990 A1990-34 notified 30 October 1990 (Gaz 1990 No S72) ss 1-3 commenced 30 October 1990 (s 2 (1)) remainder commenced 1 December 1990 (s 2 (2) and Gaz 1990 No 46) Magistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 9 notified 20 September 1991 (Gaz 1994 No S95) s 1, s 2 commenced 20 September 1991 (s 2 (1)) s 9 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103) Statute Law Revision (Penalties) Act 1994 A1994-81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Second-hand Dealers and Collectors (Amendment) Act 1995 A1995-16 notified 30 June 1995 (Gaz 1995 No S135) commenced 30 June 1995 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 362 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (s 10B) amdt 1.3885 commenced 14 March 2002 (LA s 79) remainder pt 362 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Justice and Community Safety Legislation Amendment Act 2001 A2001-70 sch 1 notified LR 14 September 2001 s 1, s 2 commenced 14 September 2001 (LA s 75) amdts commenced 14 March 2002 (LA s 79)

Endnotes 3 Legislation history page 14 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2002 pt 14 and pt 1.2 notified LR 9 September 2002 s 1, s 2 commenced 9 September 2002 (LA s 75) pt 14 and pt 1.2 commenced 7 October 2002 (s 2 (2)) Agents Act 2003 A2003-20 sch 3 pt 3.2 notified LR 19 May 2003 s 1, s 2 commenced 19 May 2003 (LA s 75) sch 3 pt 3.2 commenced 1 November 2003 (s 2 and CN2003-12) Justice and Community Safety Legislation Amendment Act 2003 (No 2) A2003-47 pt 10 notified LR 31 October 2003 s 1, s 2 commenced 31 October 2003 (LA s 75 (1)) pt 10 commenced 1 November 2003 (s 2) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.85 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.85 commenced 9 April 2004 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.93 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.93 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.68 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.68 commenced 17 December 2009 (s 2) Justice and Community Safety Legislation Amendment Act 2011 (No 3) A2011-49 sch 1 pt 1.11 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.11 commenced 12 December 2011 (s 2 (2) (a) and see Statute Law Amendment Act 2011 (No 3) A2011-52 s 2)

Endnotes Legislation history 3 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation (Red Tape Reduction No 1—Licence Periods) Amendment Act 2013 A2013-28 pt 9 notified LR 21 August 2013 s 1, s 2 commenced 21 August 2013 (LA s 75 (1)) pt 9 commenced 22 August 2013 (s 2) Red Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 14 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) pt 14 commenced 7 November 2014 (s 2) Traders (Licensing) Act 2016 A2016-46 sch 2 pt 2.5 notified LR 22 August 2016 s 1, s 2 commenced 22 August 2016 (LA s 75 (1)) sch 2 pt 2.5 commenced 22 August 2017 (s 2) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.30 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.30 commenced 9 March 2017 (s 2)

Endnotes 4 Amendment history page 16 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history The New South Wales Acts Act 1986, schedule 2, part 6 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT. This endnote, therefore, only details amendments made after that date. Title title sub A2001-70 amdt 1.175 Preliminary pt 1 hdg om A1995-16 s 7 ins A1995-16 s 4 Name of Act s 1 sub A2001-70 amdt 1.176 Dictionary s 2 am A1990-34 s 4 def charge ins A1995-16 s 5 def collector am A1990-34 sch def convicted ins A1995-16 s 5 def registrar ins A1995-16 s 5 sub A2001-70 amdt 1.176 am A2002-27 amdt 1.17; A2016-46 amdt 2.39 Notes s 2AA ins A2017-4 amdt 3.188 Carrying on business as second-hand dealer s 2A ins A1995-16 s 6 om A2001-70 amdt 1.177 ins A2003-20 amdt 3.10 Licences pt 2 hdg om A1995-16 s 9 ins A1995-16 s 6 om A2016-46 amdt 2.40 Licences s 2B ins A1995-16 s 6 om A2001-70 amdt 1.177 Certificates of convictions s 2C ins A1995-16 s 6 om A2001-70 amdt 1.177 Objections to granting of licences s 2D ins A1995-16 s 6 om A2001-70 amdt 1.177

Endnotes Amendment history 4 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Grant of licences s 2E ins A1995-16 s 6 om A2001-70 amdt 1.177 Duration of licences s 2F ins A1995-16 s 6 om A2001-70 amdt 1.177 Issue of licences s 3 am A1990-34 s 5; A1994-81 sch sub A2001-70 amdt 1.177 am A2002-27 amdts 1.18–1.20; A2003-47 s 33; pars renum R6 LA (see A2003-47 s 34); A2013-28 s 20 om A2016-46 amdt 2.40 Second-hand dealers pt 3 hdg orig pt 3 hdg renum as pt 5 hdg R2 LRA ins A1995-16 s 7 Dealers must be licensed s 4 om A1995-16 s 8 ins A2001-70 amdt 1.178 am A2002-27 s 64, s 65; A2003-47 s 35 om A2016-46 amdt 2.41 Name of dealer etc to be displayed on premises s 5 am A1990-34 sch; A1991-44 s 9 om A1995-16 s 8 ins A2001-70 amdt 1.178 am A2002-27 amdt 1.21; A2003-47 s 36 om A2014-47 s 28 Records of second-hand dealers s 6 om A1995-16 s 8 ins A2001-70 amdt 1.178 am A2002-27 amdt 1.22 Inspection of records and goods s 7 om A1995-16 s 8 ins A2001-70 amdt 1.178 am A2002-27 amdt 1.22, amdt 1.23 Keeping of second-hand goods—dealers s 8 am A1990-34 s 6, sch; A1994-81 sch sub A2001-70 amdt 1.178 am A2002-27 amdt 1.24; A2003-20 amdt 3.11 Goods suspected of being stolen, embezzled or fraudulently obtained s 8A ins A1990-34 s 7 am A1994-81 sch om A2001-70 amdt 1.178

Endnotes 4 Amendment history page 18 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Goods suspected of being stolen or fraudulently obtained s 9 orig s 9 renum as s 10 ins A2001-70 amdt 1.180 am A2002-27 amdt 1.25 Second-hand dealers—carrying on business s 10 am A1991-44 s 9 om A1996-16 s 10 (prev s 9) sub A1990-34 s 8 am A1994-81 sch am A2001-70 amdts 1.181-1.185 renum A2001-70 amdt 1.179 sub A2002-27 s 66 am A2016-46 amdt 2.42 Miscellaneous pt 4 hdg ins A1995-16 s 9 pt 4 sub A2001-70 amdt 1.186 Working out whether person suitable s 11 am A1990-34 s 9, sch; A1994-81 sch sub A2001-70 amdt 1.186; A2002-27 amdt 1.26 om A2016-46 amdt 2.43 Cancellation and suspension of second-hand dealers licences s 12 sub A1990-34 s 10 am A1994-81 sch sub A2001-70 amdt 1.186 am A2002-27 amdt 1.27 om A2016-46 amdt 2.43 Hours of business s 12A ins A1990-34 s 10 am A1994-81 sch om A2001-70 amdt 1.186 Records of market promoters s 13 sub A1990-34 s 11 am A1994-81 sch sub A2001-70 amdt 1.186 am A2002-27 amdt 1.28 Miscellaneous pt 5 hdg (prev pt 3 hdg) renum R2 LRA om A2001-70 amdt 1.186 Register of licences s 14 am A1995-16 s 11 sub A2001-70 amdt 1.186 om A2016-46 amdt 2.43

Endnotes Amendment history 4 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Keeping of register s 15 sub A1990-34 s 12 am A1991-44 s 9 sub A2001-70 amdt 1.186 om A2016-46 amdt 2.43 False or misleading information s 16 om A1990-34 s 12 ins A2001-70 amdt 1.186 om A2004-15 amdt 2.175 Authority to ask for identification s 16A ins A2002-27 s 67 Determination of fees and charges s 17 om A1990-34 s 12 ins A2001-70 amdt 1.186 sub A2001-44 amdt 1.3885 om A2016-46 amdt 2.43 Approved forms s 18 sub A2001-70 amdt 1.186; A2001-44 amdt 1.3885 am A2002-27 amdt 1.29; A2007-3 amdt 3.474; A2011-49 amdt 1.21 om A2016-46 amdt 2.43 Regulation-making power s 19 am A1991-44 s 9; A1995-16 s 12 sub A2001-70 amdt 1.186 sub A2001-44 amdt 1.3885 am A2003-20 amdt 3.12 Transitional provisions––licensed auctioneers s 20 om A1990-34 s 13 ins A2001-70 amdt 1.186 om A2001-44 amdt 1.3885 ins A2003-20 amdt 3.13 exp 1 November 2005 (s 20 (4)) Suspicions offering of old wares s 22 om A1990-34 s 13 Proceedings s 23 om A1990-34 s 13 Schedule 1 sch 1 am Ord1985-67; A1990-34 sch; A1991-44 s 9; A1995-16 s 13 om A2001-70 amdt 1.187 Schedule 5 sch 5 om A1995-16 s 14

Endnotes 4 Amendment history page 20 Second-hand Dealers Act 1906 Effective: 22/08/17 R15 22/08/17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 6 sch 6 am Ord1985-67; A1990-34 sch; A1991-44 s 9; A1995-16 s 15 om A2001-70 amdt 1.187 Dictionary dict ins A2001-70 amdt 1.188 am A2002-27 amdt 1.30; A2009-49 amdt 3.179; A2011-49 amdt 1.22; A2017-4 amdt 3.189; A2016-46 amdt 2.44 def carries on business as a second-hand dealer ins A2016-46 amdt 2.45 def carrying on business as a second-hand dealer ins A2003-20 amdt 3.14 om A2016-46 amdt 2.46 def commissioner ins A2001-70 amdt 1.188 am A2002-27 amdt 1.31 om A2016-46 amdt 2.46 def executive officer ins A2001-70 amdt 1.188 am A2002-27 amdt 1.32 om A2016-46 amdt 2.46 def licence ins A2001-70 amdt 1.188 om A2016-46 amdt 2.46 def licensed ins A2016-46 amdt 2.47 def licensed auctioneer ins A2001-70 amdt 1.188 om A2007-3 amdt 3.475 def licensed second-hand dealer ins A2001-70 amdt 1.188 om A2016-46 amdt 2.48 def second-hand dealer ins A2001-70 amdt 1.188 am A2002-27 s 68 sub A2003-20 amdt 3.15 am A2016-46 amdt 2.49 def second-hand goods ins A2001-70 amdt 1.188 def suitable person ins A2001-70 amdt 1.188 om A2016-46 amdt 2.50 def unsuitable person ins A2001-70 amdt 1.1880 om A2002-27 amdt 1.33

Endnotes Earlier republications 5 R15 22/08/17 Second-hand Dealers Act 1906 Effective: 22/08/17 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1991-44 30 November 1992 2 A1995-16 31 January 1998 3 A2001-70 19 February 2002 4 A2001-70 14 March 2002 5 A2002-27 7 October 2002 6 A2003-47 1 November 2003 7 A2004-15 9 April 2004 8 A2004-15 2 November 2005 9 A2007-3 12 April 2007 10 A2009-49 17 December 2009 11 A2011-49 12 December 2011 12 A2013-28 22 August 2013 13 A2014-47 7 November 2014 14 A2017-4 9 March 2017 © Australian Capital Territory 2017

The Act rests on a small set of core legal concepts. They determine who the regime applies to, what goods are in scope, what records must be kept, the police’s inspection and investigatory role, and the regulatory reserve that fills in details.

Carries on business as a second-hand dealer (s 2A). A person "carries on business as a second-hand dealer" if, for reward or profit, the person deals in second-hand goods, buys and sells second-hand goods, or sells someone else’s second-hand goods as agent. The section clarifies that hiring out second-hand goods, by itself, does not constitute carrying on business as a second-hand dealer (s 2A(2)). The section also explains that "selling" includes selling on commission or by auction (s 2A(3)). The Dictionary cross-references s 2A for the defined term "carries on business as a second-hand dealer".
Licensed status and the Traders (Licensing) Act 2016. The Dictionary defines "licensed" to mean licensed under the Traders (Licensing) Act 2016. The Dictionary includes a Note that a person must not carry on business as a second-hand dealer unless licensed under the Traders (Licensing) Act 2016. Licensing details are therefore governed outside this Act; the present statute assumes licensing is a precondition for lawful operation.
Second-hand goods (Dictionary). The Dictionary defines "second-hand goods" as second-hand goods of kinds prescribed under the regulations. The Act therefore leaves the substantive scope of covered goods to the regulations.
Records: creation, retention, disclosure. Section 6 requires a licensed second-hand dealer to make, keep and give records to police "in accordance with the regulations". Parallel obligations rest on market promoters in s 13. The Act sets maximum penalty units for these record obligations (20 penalty units for a failure to make, keep or give records in s 6). Because the Act delegates the content and form of records to the regulations and to the chief police officer’s directions (s 19(2)), the central concept is compliance with specified administrative paperwork rather than free-form reporting.
Inspection and police powers (s 7). A licensed dealer must, if asked by a police officer, allow inspection of records required by the Act, any second-hand goods in the dealer’s possession, and any other record in the dealer’s possession relating to second-hand goods, with a maximum penalty of 50 penalty units for refusal (s 7(1)). The police may copy any record inspected (s 7(2)(a)), and may examine or photograph goods if the police suspect on reasonable grounds the goods have been stolen or fraudulently obtained (s 7(2)(b)). Section 7(3) specifies that these powers are additional to any other police power.
Retention of goods (s 8). A licensed dealer who buys or otherwise receives second-hand goods must keep the goods, in the condition received, for either a prescribed shorter period under regulations or, by default, five working days after receipt. The dealer must not sell or otherwise dispose of them during that period (s 8(2)). The regulations may exempt dealers or authorise the chief police officer to grant exemptions (s 8(3)).
Notification obligation (s 9). Where a licensed dealer has goods or they are offered and either the dealer has been told by a police officer the goods or goods of their description have been stolen or fraudulently obtained, or the dealer suspects or reasonably should suspect such theft or fraud, the dealer must immediately tell a police officer that the goods are in the dealer’s possession or offered to them (s 9(1)-(2)). Maximum penalty: 50 penalty units.
Place-of-business restriction and age limitation (s 10). A licensed dealer must not carry on business at premises other than those stated in the licence (s 10(1)); but buying second-hand goods at other places is permitted (s 10(2) and examples). A dealer must produce the licence on demand by a police officer at the premises stated in the licence, unless they have a reasonable excuse (s 10(3); max 5 penalty units). Dealers must not buy or receive second-hand goods from a person they believe, or have reasonable grounds to believe, is under 14 years old (s 10(4); max 5 penalty units).
Market promoters (s 13). The promoter of a market in which second-hand goods are sold must make, keep and give records in accordance with the regulations (s 13(1)-(3)). The Dictionary defines "market" expansively for this purpose and states that "promoter" includes those who manage, control or organise the market.
Authority to ask for identification (s 16A). A licensed dealer may request identification (a) to enable compliance with s 6(1) or (b) where the dealer sells or otherwise disposes of second-hand goods worth more than $50 to a person and the dealer believes or has reasonable grounds to believe the name or home address given by that person is incorrect.
Regulation-making and chief police officer directions (s 19). The Executive may make regulations for the Act; those regulations may authorise the chief police officer to issue written directions to licensed second-hand dealers imposing requirements to comply with s 6 (s 19(2)). The regulations may also treat prescribed money received as trust money, set out how trust money may be dealt with, and prescribe what records are to be kept in relation to trust money (s 19(3)).

These concepts show a design where the statute sets duties and police inspection powers, but relies on subordinate regulation and chief police officer directions to determine the substantive content of record-keeping, the kinds of goods captured and procedural detail. The result is a short primary statute with broad delegated powers and explicit police-facing enforcement levers.

Primary entities affected by the Act are licensed second-hand dealers, market promoters, police, and second-hand goods sellers and buyers within the Territory. The Act links regulatory authorisation to the Traders (Licensing) Act 2016: the term "licensed" is defined to mean licensed under that Act (Dictionary). The Act’s Note A makes explicit that a person must not carry on business as a second-hand dealer unless licensed under the Traders (Licensing) Act 2016. Accordingly, traders who wish to buy and resell second-hand goods (or sell others’ second-hand goods as agents) must obtain the relevant licence under the separate licensing statute before operating lawfully as a dealer.

Licensed second-hand dealers. They bear the primary compliance burden. Duties include making, keeping and providing records "in accordance with the regulations" (s 6(1)-(3)); allowing police to inspect records and second-hand goods and to copy or photograph material (s 7); retaining goods they buy in the condition received for a prescribed period or, by default, five working days (s 8); immediate notification to police where goods are known or suspected to be stolen or fraudulently obtained (s 9); carrying on business only at premises stated in the licence (s 10(1)); producing the licence on demand at the licensed premises (s 10(3)); and not buying from persons believed to be under 14 years old (s 10(4)). Licensed dealers also have a limited right to ask for identification in specified circumstances (s 16A).

Market promoters. The organiser or manager of markets where second-hand goods are sold must make, keep and give records in accordance with the regulations, under s 13(1)-(3). The Dictionary defines "market" to include gatherings where second-hand goods are sold or dealt with (other goods may also be dealt with) but may exclude events prescribed under the regulations. The statutory footprint on market promoters mirrors that on dealers for record-keeping and disclosure.

Police. The Act places police at the centre of enforcement. Police officers can request inspection of required records and any second-hand goods in a dealer’s possession (s 7(1)). Police may copy records and examine or photograph suspected stolen goods (s 7(2)). Dealers must also notify police immediately where they have been told by police any goods or goods of their description are stolen, or where the dealer suspects or should suspect such theft (s 9). The Act notes that definitions of "police officer", "chief police officer" and "home address" are provided in the Legislation Act 2001, dict, pt 1 (Dictionary Note 2). Section 7(3) states the Act’s inspection powers are additional to any other power of a police officer.

Sellers and buyers. Persons offering goods to licensed dealers or purchasing goods from dealers are affected indirectly. Dealers are forbidden from buying from a person they believe or have reasonable grounds to believe is under 14 (s 10(4)). A dealer may ask for identification to comply with record-keeping requirements (s 16A(a)) or when selling/disposing of goods over $50 where the dealer has reason to believe a supplied name or address is incorrect (s 16A(b)). These provisions place transactional friction on private sellers and purchasers: they may be asked to provide identification and supply details that become part of statutory records.

Other regulatory and administrative actors. The Executive (s 19(1)) and the chief police officer (to the extent authorised by regulations, s 19(2)) influence the practical operation of the regime by making regulations and giving directions. The actual content of most record-keeping obligations, the kinds of goods caught and trust money arrangements will be determined by regulation. The Traders (Licensing) Act 2016 is the necessary licensing source; the Legislation Act is a cross-reference for definitions, the status of notes, and penalty unit values.

Who pays. Licensed dealers and market promoters bear the immediate compliance costs: record systems, staff time, storage of goods during the retention period, systems to verify age and identity where required, and potential trust-money accounting if the regulations prescribe such arrangements. The police bear the investigative and enforcement workload. Consumers who sell goods to dealers face requests for identification, which may increase transaction costs and affect willingness to sell. There is also a potential compliance cost for events and markets that meet the statutory definition, as promoters must maintain prescribed records and provide them to police on request.

Who decides. Policy choices about the scope of goods, the form and content of records, retention periods, trust money treatment, and possible exemptions sit mainly with the Executive via regulations and with the chief police officer insofar as regulations authorise directions (s 19(2)-(3)). The primary Act sets the enforcement instruments and penalties and locates operational control with police.

This section summarises the Act’s principal obligations on regulated parties and the statutory rights or authorities given to police and dealers. Each obligation is grounded in a specific provision of the Act.

Duties on licensed second-hand dealers

Make and keep records as required by regulation: s 6(1)-(2) requires a licensed dealer to make and keep records "in accordance with the regulations". Each failure carries a maximum penalty of 20 penalty units (s 6(1)-(2)).
Give records or copies to police as required by regulation: s 6(3) imposes a duty to give records or copies to police "in accordance with the regulations", with a maximum penalty of 20 penalty units.
Allow police inspection of records and goods on request: s 7(1) requires dealers, if asked by a police officer, to allow inspection of any record the dealer is required to keep under the Act, any second-hand goods in the dealer’s possession, and any other record in the dealer’s possession relating to second-hand goods. The maximum penalty for failure to allow inspection is 50 penalty units.
Submit to copying, examination and photography by police: s 7(2) authorises police to copy any record inspected and to examine or photograph goods if the police officer suspects on reasonable grounds they have been stolen or fraudulently obtained.
Retain goods for prescribed/ statutory period: s 8(2) prevents a dealer from selling or otherwise disposing of second-hand goods and requires the dealer to keep them in the condition received for either a prescribed period under regulation or, if no shorter period is prescribed, five working days. Penalty for breach: 50 penalty units.
Immediate notification to police about suspected stolen/fraudulently obtained goods: s 9(2) requires immediate notification if s 9(1) applies; penalty for breach: 50 penalty units.
Carry on business only at premises stated in the licence: s 10(1) makes it an offence for a licensed dealer to carry on business at any place other than the premises stated in the licence, with a maximum penalty of 50 penalty units. The subsection explicitly allows dealers to buy second-hand goods at other places (s 10(2)).
Produce licence on demand at licensed premises: s 10(3) requires the dealer, when demanded by a police officer at the licensed premises, to produce his or her licence unless the dealer has a reasonable excuse; failing to do so attracts a maximum penalty of 5 penalty units.
Do not buy/receive goods from persons under 14: s 10(4) prohibits buying or receiving second-hand goods from a person a dealer believes or has reasonable grounds to believe is under 14 years old, with a maximum penalty of 5 penalty units.

Duties on market promoters

Make, keep and give records per regulations: s 13(1)-(3) require market promoters to make, keep and give records in accordance with the regulations, each breach being an offence carrying a maximum penalty of 20 penalty units.

Dealer rights and limited authorities

Ask for identification: s 16A gives a dealer authority to request identification to enable compliance with record-making obligations (s 16A(a)). It also permits a dealer to ask for identification where the dealer sells or disposes of goods worth more than $50 to a person and believes or has reasonable grounds to believe a supplied name or home address is incorrect (s 16A(b)). The Act does not set out consequences for refusal; it simply authorises dealers to ask.

Police authorities

Inspection and copying: under s 7(1)-(2) police officers can require access to records and goods and may copy records and examine or photograph goods suspected on reasonable grounds of being stolen or fraudulently obtained. Section 7(3) confirms these are additional to other police powers, so police retain the possibility of other statutory seizure or investigatory powers outside this Act.

Regulatory and administrative authorities

Executive may make regulations: s 19(1) allows the Executive to make regulations for the Act. A note under s 19 reminds that regulations must be notified and presented to the Legislative Assembly under the Legislation Act 2001.
Chief police officer directions: s 19(2) permits regulations to authorise the chief police officer to give written directions to licensed second-hand dealers imposing record-keeping requirements they must comply with for s 6. Thus, the chief police officer may have operational rule-making power within terms set by regulation.
Trust money: s 19(3) allows the regulations to prescribe that money received by a licensed second-hand dealer is trust money, how such trust money may be dealt with, and what records are to be kept regarding trust money. This is an administrative accounting power vested in subordinate regulation rather than the primary Act.

Penalties

The Act specifies maximum penalty units for breaches: s 6 provides 20 penalty units for record-making/keeping/giving breaches; s 7 and s 8 and s 9 provide maxima of 50 penalty units for refusal of inspection, unlawful disposal of goods within the retention period, and failure to notify police; s 10(3) and s 10(4) carry maxima of 5 penalty units. The republication preface records the value of a penalty unit as $150 for an individual and $750 for a corporation at the republication date (see Legislation Act 2001, s 133 referenced in the preface). Practitioners should check the Legislation Act and current penalty unit values for up-to-date conversion.

Standards referenced

Reasonable grounds standard: both s 7(2)(b) (police may examine or photograph goods the officer suspects on reasonable grounds are stolen/fraudulently obtained) and s 9(1)(b)(ii) (dealer suspects, or should reasonably suspect, goods have been stolen or fraudulently obtained) use a "reasonable grounds" or "should reasonably suspect" standard. These are fact-sensitive evidentiary thresholds that will be relevant when assessing compliance and potential penalties.

Delegation and gaps

Much of the Act’s operative content is delegated to the regulations (see repeated phrase "in accordance with the regulations" in ss 6 and 13, and s 19). The Act therefore places an obligation to comply with regulatory content which is not contained in the primary statute itself. Practitioners must examine the regulations and any chief police officer directions authorised by the regulations to determine the full set of required records, the definition of second-hand goods, prescribed periods, and any trust accounting rules.

The Act sets enforcement priorities through civil penalties expressed as penalty units and by aligning investigatory authority with police. The enforcement regime is statutory, administrative and police-centric rather than civilly private. Key features follow.

Penalty level architecture

The Act specifies maximum penalty units for each breach: s 6(1)-(3) (failure to make, keep or give records as required by the regulations) carries a maximum penalty of 20 penalty units. Sections 7, 8 and 9 carry maximum penalties of 50 penalty units. Section 10 includes lower penalties for failure to produce licence or buying from under-14s (5 penalty units). These maxima are the statutory sanction caps; the Act does not itself specify fines in dollars but leaves conversion to the penalty unit value applied by reference to the Legislation Act 2001. The republication preface records the value of a penalty unit at the republication date as $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133 referred to in the republication notes). Practitioners must check current penalty unit values under the Legislation Act for up-to-date dollar equivalents.

Police enforcement powers

Inspection and copying: s 7(1) requires dealers to allow police inspection, and s 7(2)(a) authorises police to copy records inspected. Failure to comply with an inspection request is an offence carrying up to 50 penalty units (s 7(1)).
Examination and photography of goods: s 7(2)(b) allows police to examine or photograph goods in a dealer’s possession where the officer suspects on reasonable grounds they have been stolen or fraudulently obtained. This gives police a non-seizure evidentiary tool to document items during investigation. Section 7(3) makes clear that the Act’s inspection power is additional to any other power (for example, powers of seizure under other legislation), so police retain the capacity to use other statutory authorities where relevant.

Immediate notification requirement and urgency

Section 9 requires immediate notification to police if s 9(1) applies (either because a police officer told the dealer goods of their description were stolen/fraudulently obtained, or because the dealer suspects on reasonable grounds the goods are stolen/fraudulently obtained). The maximum penalty for breach is 50 penalty units. This provision creates a fast-response legal duty, with non-compliance exposing dealers to a substantial penalty.

Administrative direction and delegated rule-making

Regulations may authorise the chief police officer to give written directions to licensed second-hand dealers imposing requirements for s 6 (s 19(2)). If the regulations authorise directions, those directions may specify practical record formats, additional particulars to be recorded and procedural steps for production to police. Enforcement of those directions would be by reference to s 6 (failure to make/keep/give records in accordance with regulations and authorised directions), making delegated administrative orders a central enforcement lever.

Trust money and accounting

Section 19(3) allows the regulations to declare prescribed money received by a licensed dealer to be trust money, to regulate how it may be dealt with and what records must be kept. If the regulations make trust money provisions, failure to comply with trust accounting rules may attract the s 6 penalty framework or other regulatory sanctions set out in the regulations.

Sanctions focus and limits

All penalties are statutory criminal (or regulatory) sanctions with maxima expressed in penalty units; the Act does not provide for civil remedies such as private recovery of stolen goods, nor does it create a private right to sue for damages under its text. The Act also does not specify enforcement priorities or tiers of response: the maximum penalties provide the ceiling, but actual enforcement decisions , whether to prosecute, issue infringement notices under other delegated schemes, or resolve by warning , rest with prosecuting authorities and police.

Administrative process and transparency

The Act gives the Executive and potentially the chief police officer a role in shaping record obligations through regulations and directions (s 19), which raises an administrative governance issue: the Act itself does not prescribe the precise content of records or the procedure for issuing directions. That content will be in subordinate instruments, which must be checked for prescribed compliance steps, potential infringement notice regimes, time limits for production, and whether delegated directions are reviewable or subject to merit review. The Act’s note that regulations must be notified and presented to the Legislative Assembly (s 19 note) confirms parliamentary oversight of subordinate rules, but the Act does not otherwise require consultation or procedural limitations on the chief police officer’s directions.

Practical enforcement implications

The statute centralises enforcement in police interactions: inspections, copying and photography are the key investigatory actions. The Act’s retention requirement (s 8) and immediate notification duty (s 9) are structured to protect police investigations into suspected stolen property and to reduce rapid dispersal of potentially stolen goods by dealers. Failure to comply risks criminal/regulatory sanctions under the penalty unit framework.
Because substantial elements of the regime are delegated (records, prescribed goods, trust money, chief police officer directions), enforcement relies on a layered rule-set: primary statute for duties and penalties, regulations for detail, and, where authorised, written chief police officer directions for operational requirements. Practitioners must identify and monitor all three layers to advise on compliance obligations and enforcement risk.

The Act is compact and repeatedly cross-references or depends on other laws and subordinate instruments. Its practical operation therefore requires consideration of interlocking statutes and regulations. The statute itself identifies several external links; these are summarised and analysed below.

Traders (Licensing) Act 2016

Licensing interface: The Dictionary defines "licensed" as "licensed under the Traders (Licensing) Act 2016" and the Dictionary’s Note A expressly states a person must not carry on business as a second-hand dealer unless licensed under the Traders (Licensing) Act 2016. Consequently, the separate licensing statute governs the entitlement to operate, licensing conditions, application, renewal and potentially disciplinary responses such as cancellation or suspension of licences. The Second-hand Dealers Act presupposes that licensing function and defers to that statute for licence administration and for the legal character of "licence" (see s 10(5) which defines "licence" for the purpose of s 10 as the trader’s licence under the Traders (Licensing) Act 2016). Practitioners must therefore consult the Traders Act to assess whether a dealer is lawfully licensed and what licence conditions may affect operations under this Act.

Legislation Act 2001

Definitions and drafting rules: The republication and the Dictionary note refer to definitions in the Legislation Act 2001, dict, pt 1 for items such as "chief police officer", "home address", and "police officer". The Legislation Act also governs the legal status of notes (s 127), default statutory interpretation rules (s 154-156), and the value and current amount of penalty units (s 133). The preface to the republication notes the penalty unit values at the republication date and cites Legislation Act 2001, s 133. Lawyers must consult the Legislation Act to resolve interpretive questions and the monetary conversion of penalty units.

Criminal law and police powers

Interaction with criminal investigations: Sections 7 and 9 centralise police involvement where goods are suspected of being stolen or fraudulently obtained. Section 7(3) expressly states that s 7 is "additional to any other power of a police officer", implying that the Act does not circumscribe or replace other statutory police powers such as seizure under criminal procedure, search warrants, or powers under other criminal statutes. Although the Act allows police to copy records and photograph goods, the Act does not itself provide express seizure powers; however, police may rely on separate criminal or investigative statutes to seize property or to effect arrests.
Evidence and investigative links: The statutory record-keeping and retention duties are designed to assist police investigations into theft and fraud. The requirement to retain goods for five working days (s 8) and to immediately notify police on suspicion (s 9) functionally support criminal enforcement, but any subsequent criminal charges or civil recovery actions will proceed under the criminal or civil law rather than under this Act.

Regulations and delegated directions

Subordinate instruments determine scope: The Act repeatedly requires compliance "in accordance with the regulations" and allows the regulations to authorise the chief police officer to give written directions to licensed dealers for the purposes of s 6 (s 19(2)). The regulations may also prescribe the kinds of goods that count as "second-hand goods" and may designate money received as trust money and set trust-accounting records (s 19(3)). Thus the full statutory regime is a two-tier arrangement: primary statute for duties and enforcement, regulations for substantive coverage and procedural detail, and possibly chief police officer directions for operational instructions permitted by regulation.

Other Territory and Commonwealth Acts in legislative history

Historical conversion and amendments: The endnotes record the Act’s origin as a New South Wales law continued and converted for the ACT under federal measures and mention a long amendment history, including that many licensing provisions were repositioned in more recent consolidating statutes (see Legislation history and Amendment history in the endnotes). While these are historical details, they explain present-day reliance on the Traders (Licensing) Act 2016 for licensing matters.

Administrative law and review

Directions by chief police officer: If regulations authorise the chief police officer to give written directions to dealers (s 19(2)), those directions are administrative acts within the Territory’s administrative law framework. The Act does not specify internal review mechanisms for directions; any legal challenge would therefore be brought under the Territory’s general administrative law remedies (judicial review principles) or under specific statutory review mechanisms set out in the regulations or other statutes. Practitioners should look to the specific regulations and to the Legislation Act rules concerning subordinate instruments to determine disallowance options, presentation and notice obligations, and potential merits review.

Commercial and contract law

Effect on private contracts: The Act imposes duties that affect how dealers enter into contracts with private sellers, for example by restricting purchases from under-14s (s 10(4)), by requiring retention of goods and record-taking (s 6, s 8) that could affect delivery and title transfer timing, and by authorising asking for identification (s 16A). These statutory duties may interact with contractual obligations between dealer and seller, including representations regarding title and warranties, and may require contract drafting to account for statutory retention periods and information requirements.

Overall, the Second-hand Dealers Act is closely integrated with other Territory statutes and subordinate regulation, particularly the Traders (Licensing) Act 2016, the Legislation Act 2001 for definitions and penalty units, and whatever regulations and authorised chief police officer directions are in force. The Act itself creates procedural duties and enforcement mechanisms, but leaves fundamental definitions, detailed obligations and some substantive content to regulation and licensing legislation.

The Act as republished contains an extensive amendment history recorded in the endnotes. The statute itself is short, but the endnotes demonstrate that it has been subject to numerous structural changes, transfers of licensing functions and periodic modernisation. Key features and milestones from the amendment history and legislative notes are summarised below, grounded in the text of the endnotes.

Origins and early history

The Second-hand Dealers Act 1906 originated as a New South Wales Act (Second-hand Dealers and Collectors A1906-30) assented to 12 December 1906 and commenced 1 January 1907. It was continued in force in the Territory by federal seat-of-government instruments when the ACT was established (see Legislation history, endnote 3). The Act was converted into an ACT enactment on self-government day, 11 May 1989, and subsequently fully assimilated into ACT law under the Interpretation Act 1967.

Modern restructuring and licensing transfer

Many provisions that formerly sat in this Act have been repositioned or removed over time. The amendment history documents a sequence of amending Acts across decades, including Second-hand Dealers and Collectors (Amendment) Acts (A1990-34, A1995-16), Justice and Community Safety Legislation Amendment Acts (various), and ultimately the transfer of licensing mechanics into the Traders (Licensing) Act 2016 (A2016-46). The Dictionary now defines "licensed" to mean licensed under the Traders (Licensing) Act 2016 and the endnotes note that various licence-related sections were omitted and moved (see Amendment history endnote 4 entries for s 2B-2F and other licence-related sections noted as omitted in A2016-46).
The amendment history shows a process of consolidation: earlier parts dealing with licences, suitability of persons, registers and licence duration were either amended or omitted during the 2000s and 2010s, with the Traders (Licensing) Act 2016 taking responsibility for licence definitions and administration. For example, the list of amendments shows "om A2016-46 amdt 2.40" and similar marks indicating removal of earlier licensing provisions and their relocation or replacement under the Traders Act.

Record-keeping and inspection modernisation

Several amendments in the 1990s and 2000s modernised record-keeping, inspection and police interaction powers. For instance, s 6 (records) and s 7 (inspection) were reinserted or amended by Acts in 2001-2003, and the authority to ask for identification was inserted by A2002-27 (s 16A insertion). The insertion of s 16A in 2002 illustrates regulatory attention to identity verification in the post-2000 era.

Delegation and regulation changes

The amendment history documents expanded regulation-making provisions and the capacity to authorise the chief police officer to give directions (s 19 amendments over time). These changes indicate a legislative preference for operational detail to be set at subordinate level rather than in primary legislation, allowing for more flexible administrative responses.

Recent amendments and republications

The republished version is effective as at 22 August 2017 and incorporates amendments up to A2017-4. The republication endnotes list a series of earlier republications and amendments, including Red Tape Reduction measures that adjusted licence periods and other administrative details (Justice and Community Safety Legislation (Red Tape Reduction No 1,Licence Periods) Amendment Act 2013 A2013-28, Red Tape Reduction Legislation Amendment Act 2014 A2014-47).
The endnotes specifically document the renumbering, insertion and omission of many earlier provisions, including transient provisions such as transitional rules for licensed auctioneers and various schedule changes. This history emphasises that the current short statutory text is the product of iterative reform and of a deliberate transfer of licensing mechanics to a dedicated licensing statute.

Implication for practitioners

Because the Act has been reshaped over time and now forwards licensing functions to the Traders (Licensing) Act 2016, practitioners must consult both the current Second-hand Dealers Act and the Traders Act and the applicable regulations and authorised chief police officer directions to understand the full compliance regime. The amendment history shows that substantive content has migrated out of the 1906 primary text; the endnotes therefore function as an index of that migration.
The amendment history also indicates that the Act’s retained core matters,records, inspections, retention of goods, notification to police and market promoter record obligations,have been the persistent legislative focus and remain in the present text. The regulatory layer, empowered by s 19, is the main locus of operational detail and is the place where more recent policy changes would typically be implemented.

The republished text and its endnotes do not record any judicial decisions, appellate determinations or named cases interpreting the Second-hand Dealers Act 1906. The endnotes provide an extensive legislative history and amendment list but do not cite litigation or public law proceedings under this Act. Accordingly, there is no litigation history included in the republished text to summarise.

Implications of absent case law in the republished text

Where the statute contains standards such as "reasonable grounds" (s 7(2)(b), s 9(1)(b)(ii)), absence of recorded judicial interpretation in the republished material means that practitioners must look beyond this republished law to other jurisdictions and general principles to anticipate how courts may treat those standards. The Act itself does not define "reasonable grounds" nor does it include illustrative factors; practitioners must therefore rely on general administrative and evidentiary law to advise on what "reasonable grounds" may require in practice.
The Act’s enforcement mechanisms are police-directed and administrative. Because the Act does not itself create civil recovery procedures for privately reclaiming goods (no private civil remedy is set out in the republished Act text), any litigation about title to goods, conversion or related civil matters will arise under general property, tort or contract law rather than under the statutory text provided.

What to do given no litigation record here

Practitioners should search jurisdictional case law databases, tribunal decisions and any court decisions that have addressed either the Second-hand Dealers Act or the associated Tr a d e r s (Licensing) Act 2016 and relevant regulations. The republished statute does not supply cases; lack of recorded precedent in the republished material is not an indicator that litigation does not exist, only that none is recorded in this republication’s endnotes.
Where operational questions arise that would be affected by judicial interpretation,e.g., the threshold for "reasonable grounds", whether police copying of records requires particular procedural safeguards, or whether the chief police officer’s directions are subject to merits review,practitioners should identify any local reported or unreported decisions addressing those points. In the absence of local decisions, guidance may be drawn from analogous ACT or interstate authorities on police inspection powers, evidentiary standards and administrative directions, always noting that such analogies are not direct statutory interpretation.

Administrative and prosecutorial practice

In many enforcement regimes of this kind, administrative practice (police protocols, regulatory guidance, and the form of chief police officer directions where authorised) can be more determinative of day-to-day outcomes than contested litigation. Where no litigation history is recorded, the operational practices of the police, any authorised directions and the content of the regulations will often be the practical determinants of compliance expectations and enforcement response. Practitioners should therefore review the regulations and any issued chief police officer directions, and consult enforcement agencies where appropriate.

This Act contains several features where practitioners and regulated persons commonly misunderstand the legal effect or face operational risks. The following points flag such pitfalls and explain the mechanism of each, grounded in the statutory text.

Much of the substance is delegated to regulations and chief police officer directions

Mechanism: Sections 6 and 13 repeatedly require compliance "in accordance with the regulations" and s 19(2) allows the regulations to authorise the chief police officer to give written directions imposing record-keeping requirements to which dealers must comply for s 6. The Dictionary also defines "second-hand goods" as those kinds prescribed under the regulations.
Practical risk: One cannot infer the full content of obligations simply from the primary Act. Required particulars in day-to-day records, retention periods for specific kinds of goods, trust money rules and potential exemptions or event exclusions are determined in regulation and possibly in directions issued under the regulation. Failure to consult current regulations and any directions risks non-compliance even where the primary Act seems silent.

“Licensed” is statutory and depends on the Traders (Licensing) Act 2016

Mechanism: The Dictionary explicitly defines "licensed" as licensed under the Traders (Licensing) Act 2016 and the Dictionary Note A states a person must not carry on business as a second-hand dealer unless licensed under that Act.
Practical risk: Operating without the Trader’s Act licence can expose a person to offences under licensing law even if they comply with the Second-hand Dealers Act’s record and retention provisions. Licensing conditions, disciplinary powers, and administrative sanctions are governed by the separate Traders (Licensing) Act. Ensure licence status and licence conditions are current.

Retention period is expressed in “working days” and can be varied by regulation

Mechanism: Section 8(2) requires dealers to keep goods for "5 working days" unless a shorter period is prescribed under the regulations, or unless the chief police officer is authorised by the regulations to exempt a dealer (s 8(3)). The Act does not define "working days".
Practical risk: Calculating deadlines requires care: "working days" may exclude weekends and public holidays, and the precise legal meaning may derive from the Legislation Act or regulations. Also, the regulations may prescribe different retention periods for classes of goods. Unwitting sale before the retention period expires could attract a 50-penalty-unit sanction.

“Immediate” notification in s 9 is fact-sensitive and urgent

Mechanism: If a dealer either is told by a police officer that the goods or goods of their description have been stolen or fraudulently obtained, or the dealer suspects or should reasonably suspect the goods were stolen or fraudulently obtained, the dealer must "immediately" tell a police officer the goods are in the dealer’s possession or offered to the dealer (s 9(1)-(2)).
Practical risk: The immediacy obligation requires clear processes at point-of-sale or at receipt to escalate suspected items to police. Delay may attract the 50 penalty units. The "should reasonably suspect" standard can capture knowledge derived from common industry signals (e.g., suspicious provenance, inconsistent identification), so dealers should develop protocols to document suspicion thresholds and when notification occurred.

Police inspection power is broad but does not exhaust all police authority

Mechanism: Section 7 authorises police inspection of required records and second-hand goods and allows copying and photographing. Section 7(3) declares these powers are "additional to any other power of a police officer".
Practical risk: Dealers may mistakenly treat the inspection power as the only police power and fail to account for other statutory authorities allowing seizure, warrants or arrest under separate criminal legislation. Interaction with other powers means dealers should have procedures for responding to different types of police requests and for legal support when items are seized.

Asking for ID is authorised but the Act is silent about refusal consequences

Mechanism: Section 16A permits dealers to ask a person to show identification to enable compliance with s 6(1) or when selling/disposing of goods worth more than $50 and the dealer believes a supplied name/home address is incorrect.
Practical risk: The Act authorises asking but does not prescribe what a dealer must do if a person refuses to provide ID. Dealers should draft clear policies,e.g., not purchasing without ID, refusal to sell if ID is not provided,while ensuring such policies comply with other laws (anti-discrimination obligations, privacy law). The Act’s silence means clinical policy choices must be balanced against business needs.

Market promoters face similar record obligations but the Act excludes certain events by regulation

Mechanism: Section 13 imposes record duties on market promoters, and the Dictionary defines "market" but states it "does not include an event or activity prescribed under the regulations."
Practical risk: Event organisers might incorrectly assume they are exempt; actual coverage depends on the regulations. If an event is not prescribed out, promoters must comply with record-keeping obligations. Promoters should check the regulations to determine whether an event is excluded and to understand what records are required.

Under-14 prohibition is strict but penalties are relatively low

Mechanism: Section 10(4) prohibits buying or receiving second-hand goods from a person the dealer believes or has reasonable grounds to believe is under 14, with a maximum penalty of 5 penalty units.
Practical risk: Dealers must operate an age-verification practice when doubt exists. Because the penalty is low relative to other offences, enforcement emphasis may be modest, but breaches still constitute an offence. Dealers should adopt simple age-check measures and record the basis of belief if a seller states an unusual age.

“Second-hand goods” are defined by regulation, so scope may shift

Mechanism: The Dictionary defines "second-hand goods" to be those kinds prescribed in regulations.
Practical risk: What constitutes covered goods can change by regulation. Dealers selling borderline items should continuously monitor regulations to know whether newly added categories trigger record and retention duties. Failure to monitor subordinate instruments is a common operational blind spot.

Penalty unit conversion and corporate exposure

Mechanism: The republished law notes penalty unit values at the republication date (Legislation Act 2001, s 133 cited in the republication preface): $150 for an individual and $750 for a corporation.
Practical risk: Corporations face much larger dollar fines than individuals per penalty unit. Because corporate penalty unit values can change under the Legislation Act, corporate risk exposure can shift materially over time. Compliance programmes should weigh corporate-level exposure carefully.

In each of the above points the Act either delegates essential detail to regulations and directions, or uses open standards ("reasonable grounds", "immediately", "working days") that require procedural interpretation. Practitioners and regulated entities should therefore operationalise the Act with written procedures, staff training and a regime of checking current regulations and any chief police officer directions.

Compliance requires attending to three layers: (1) the primary Act’s duties; (2) the subordinate regulations and any chief police officer directions authorised by them; and (3) practical operational processes and record systems. The following is a source-grounded, practical checklist for dealers, market promoters and advisers.

Confirm licensing status under the Traders (Licensing) Act 2016

Check whether the person is required to hold a second-hand dealer licence under the Traders (Licensing) Act 2016. The Dictionary defines "licensed" to mean licensed under that Act and the Note A states that a person must not carry on business as a second-hand dealer unless licensed under the Traders Act. Do not assume historical licensing under the old regime remains valid,confirm current licensing, licence conditions, limitations on premises and the place-of-business restrictions that will attach to the licence.

Obtain and display licences and have capacity to produce them

Keep the dealer licence on the licensed premises stated in the licence and train staff to produce the licence on demand by police per s 10(3). Document "reasonable excuses" policies only in consultation with legal advisers. Remember s 10(3) makes failure to produce the licence on demand at the premises an offence with a 5 penalty unit maximum.

Review and implement the current regulations and any chief police officer directions

The Act repeatedly requires action "in accordance with the regulations" (s 6, s 13) and s 19(2) allows regulations to authorise the chief police officer to issue written directions for s 6 compliance. Obtain the current regulations and any issued directions and integrate them into compliance procedures. These will specify record content, forms, and possibly electronic formats, timeframes for giving records to police, and any exemptions.

Create record-keeping systems that meet regulatory content and process

Section 6 requires making, keeping and giving records in accordance with the regulations; s 13 imposes similar duties on market promoters. Design records to capture the particulars the regulations require (checklists, form fields, provenance statements, dates/times, ID details where required). Maintain secure, searchable records and backups to facilitate prompt production to police and to comply with any trust money record-keeping that regulations may prescribe (s 19(3)).

Implement retention, handling and storage protocols for goods

Section 8 requires dealers to keep second-hand goods in the condition received for a prescribed period or, by default, five working days. Implement inventory and tagging systems that record receipt date/time, condition-on-receipt photos, storage location and retention countdown (based on working days). Do not alter goods during the retention period. Where the regulations prescribe a different period for specified goods, apply the applicable period.

Build immediate-notification procedures for suspected stolen or fraudulently obtained goods

Under s 9, dealers must "immediately" tell a police officer if goods in their possession have been said to be stolen by police or where the dealer suspects or should reasonably suspect they are stolen/fraudulently obtained. Establish an escalation chain, designated points of contact, and a documentation protocol that records the grounds for suspicion, when police were contacted and the police officer’s identity. Where practicable, take and retain contemporaneous evidence (photographs, written statements) to document the decision to notify.

Prepare to cooperate with police inspections and copying requests

Train staff to comply with police requests to inspect records and goods under s 7. Have protocols for safe and efficient provision of copies (redaction policy for personal data beyond what is required by regulation), and for handling requests to photograph goods. Clarify procedures for dealing with police requests that extend beyond the Second-hand Dealers Act (e.g., warrants or seizure orders under other legislation), including immediate legal advice where necessary.

Implement ID and age-verification practices

Section 16A authorises asking for ID to comply with record-making obligations or when selling goods worth more than $50 and the dealer believes a supplied name/home address is incorrect. Implement clear policies: which forms of ID to accept, how to record ID checks in the statutory records required, and a refusal policy (for example, refuse to purchase if ID is not provided). For sellers whose age is uncertain, adopt measures to avoid buying from people under 14 in line with s 10(4). Keep records documenting ID checks and age verification to demonstrate compliance.

Market promoters: adopt event-level record systems

If you organise markets where second-hand goods are sold, s 13 requires record-making, retention and giving records to police in accordance with regulations. Make it a condition of site hire or stall booking that stallholders supply required particulars or that promoters collect and retain required details (depending on the regulatory design). If regulations exclude some events, obtain confirmation and document the basis of any exclusion.

Trust money accounting if regulations apply

If the regulations declare prescribed money received by dealers to be trust money (s 19(3)), implement trust accounting procedures: separate bank accounts if required, ledgers that track trust receipts and disbursements, and periodic reconciliations. Ensure records prescribed by regulation are maintained in the form and for the duration required.

Legal and audit framework

Conduct periodic compliance audits verifying record completeness, retention-period observance, ID and age checks, and readiness to respond to police inspections. Maintain legal support for urgent police interactions and for interpreting "reasonable grounds" thresholds. Because the chief police officer may issue directions under the regulations, ensure processes to capture and implement those directions promptly and to manage any changes.

Monitor subordinate instruments and policy changes

The Act’s substantive details are shaped by the regulations and by any chief police officer directions. Regularly monitor the legislative register for regulation changes, and review any new directions. Keep governance documentation of when policies changed and why.

Privacy and data handling

The Act requires retention and giving of records potentially containing personal data. Implement privacy-compliant data handling and retention policies consistent with Territory privacy law and with regulation-prescribed retention periods. Where police request copies, record what was given, to whom, and when.

Training and frontline scripting

Provide staff with scripts for interactions with sellers and police, including how to record provenance, request ID, document condition on receipt and escalate suspected stolen goods. Given the "reasonable grounds" standard, training should emphasise noting objective features that support a suspicion.

Document risk-management choices

Prepare an operations manual that addresses decision points (e.g., when to refuse to buy, when to contact police, how to handle a refused ID). Retain evidence of policy rationales and implementation steps to support any defence in enforcement action.

By combining statutory compliance (licensing, records per regulations, retention periods, police cooperation, ID checks) with operational procedures, training and audit, dealers and promoters can implement a defensible compliance programme. Given the Act’s delegated design, a key practical priority is keeping abreast of the regulations and any chief police officer directions that operationalise the legislative obligations.

Second-hand Dealers Act 1906

Plain English Summary

Deep Dive

What it does

Current sections

Second-hand Dealers Act 1906

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply