Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2) Regulations 1997

i Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2) Regulations 1997 S.R. No. 23/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Exemption 1 ═══════════════ -- 1 of 5 -- 1 STATUTORY RULES 1997 S.R. No. 23/1997 Second-Hand Dealers and Pawnbrokers Act 1989 Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 2 April 1997 Responsible Minister: JAN WADE Minister for Fair Trading N. C. WHITE Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to exempt Simsmetal Limited A.C.N. 008 634 526 from the application of certain record keeping requirements imposed under section 20 of the Second-Hand Dealers and Pawnbrokers Act 1989. 2. Authorising provision These Regulations are made under section 31(1)(e) of the Second-Hand Dealers and Pawnbrokers Act 1989. 3. Exemption Simsmetal Limited A.C.N. 008 634 526 is exempted from the application of section 20 of the Second-Hand Dealers and Pawnbrokers Act 1989 subject to the following conditions— -- 2 of 5 -- S.R. No. 23/1997 Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2) Regulations 1997 2 (a) that Simsmetal Limited operate and maintain a computerised record-keeping system in place of a bound record book; (b) that Simsmetal Limited record onto its computerised record-keeping system, during or immediately after every transaction in which it receives second-hand goods, the following information— (i) an accurate description of the goods received; (ii) the invoice number assigned by it to the goods; (iii) the full name and address of the person from whom the goods are received; (iv) details of the identification provided by that person; (v) the date on which the goods are received; (vi) the price, if any, paid for the goods; (vii) the name of the person acting on behalf of the dealer in the transaction; (c) that Simsmetal Limited produce, on a daily basis, a printed and sequentially numbered hard copy of all transactions recorded onto the computerised record-keeping system on that day; (d) that Simsmetal Limited keep at the business premises specified in its licence the records of transactions produced in accordance with the condition set out in paragraph (c); (e) that if Simsmetal Limited buys or exchanges second-hand goods— (i) in a lot or parcel at the same time; and r. 3 -- 3 of 5 -- S.R. No. 23/1997 Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2) Regulations 1997 3 (ii) the value of each item in the lot or parcel is less than $50— it may satisfy the condition set out in paragraph (b) by recording the lot or parcel as one entry onto its computerised record- keeping system; (f) that if Simsmetal Limited buys or exchanges second-hand goods— (i) in a lot or parcel at the same time; and (ii) the value of any item in the lot or parcel is $50 or more; and (iii) that item has an identifying mark or label— it must enter a record of that item onto the computerised record-keeping system, in accordance with the condition set out in paragraph (b) and the remainder of the lot or parcel may be recorded in accordance with the condition set out in paragraph (e); (g) that if Simsmetal Limited buys second-hand goods at auction it may satisfy the condition set out in paragraph (b) by— (i) obtaining a receipt signed by the auctioneer containing the information required by that condition; and (ii) entering onto the computerised record- keeping system a reference to identify the receipt; (h) that if Simsmetal Limited imports second- hand goods from outside Australia, it may satisfy the condition set out in paragraph (b) by— r. 3 -- 4 of 5 -- S.R. No. 23/1997 Second-Hand Dealers and Pawnbrokers (Exemption) (No. 2) Regulations 1997 4 (i) producing on demand the documents of consignment relating to the goods and relevant customs documents; and (ii) entering onto the computerised record- keeping system a reference to identify the documents; (i) that if Simsmetal Limited receives second- hand goods at any premises other than those specified in its dealer's licence, it must record the transaction onto its computerised record-keeping system as soon as practicable after the transaction. ═══════════════ r. 3 -- 5 of 5 --