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) –

(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) 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) permits the disposal of second-hand goods to a person whose usual place of residence is outside Australia.