11Duty to retain goods for 7 days

### 11 Duty to retain goods for 7 days > > (1)  A second-hand dealer who, during a period of 7 days after receiving any second-hand goods – > > > > > > (a) fails to keep the goods in the form in which they were received; or > > > > > > > (b) disposes of them in any way – > > > > is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units. > > > (2)  [Subsection (1)](#GS11@Gs1@EN) – > > > > > > (a) does not derogate from any obligation that a second-hand dealer might otherwise have to keep goods for a period longer than 7 days after receipt of the goods; and > > > > > > > (b) does not apply to second-hand goods purchased at a public auction by a second-hand dealer; and > > > > > > > (c) does not apply to second-hand goods purchased by a second-hand dealer from another second-hand dealer; and > > > > > > > (d) does not apply to second-hand goods which are vehicles or vessels. > > > (3)  [Subsection (1)](#GS11@Gs1@EN) does not apply to the disposal of second-hand goods if the second-hand dealer – > > > > > > (a) obtains from the recipient of the goods documentary proof of identity showing his or her correct name and address; and > > > > > > > (b) where the goods disposed of exceed in value such amount as may be prescribed, keeps records containing such particulars as may be prescribed of those goods. > > > (4)  Nothing in [subsection (3)](#GS11@Gs3@EN) permits the disposal of second-hand goods to a person whose usual place of residence is outside Australia.