Secondhand Dealers & Pawnbrokers Licensing Authority

Fact Sheet No.4 - Obligations of Licence Holders

May 2007

EXTRACT FROM SECONDHAND DEALERS AND PAWNBROKERS ACT 2004

Part 2

Licences and certificates

17 Updating licence information

(1) If any of the details that were included on the licence application change (for example, new places of business are added or a person concerned in the management of the company leaves), the licence holder must immediately advise the Licensing Authority of the change.

(2) On receiving advice under subsection (1), the Licensing Authority must, if those details are reflected on the licence that has been issued, issue an amended licence (and certified copies, if applicable). An amended licence is not a new or renewed licence.

(3) If an amended licence is issued, the licence holder must immediately return the old licence and any old certified copies of the licence to the Licensing Authority.

(4) A licensed secondhand dealer and pawnbroker commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to comply with subsection (1) or subsection (3).

32 Obligation to show certificate

(1) At any time when a certificate holder is engaged in secondhand dealer or pawnbroking, he or she must, on request by a member of the police, show his or her certificate to that member.

(2) A certificate holder commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to comply with a request under subsection (1).

(3) Section 83 applies to a charge under subsection (2).

33 Updating certificate information

(1) If any of the details that were included on the certificate application change (for example, the certificate holder’s contact address), the certificate holder must advise the Licensing Authority of the change.

(2) On receiving advice under subsection (1), the Licensing Authority must, if those details are reflected on the certificate that has been issued, issue an amended certificate. An amended certificate is not a new or renewed certificate.

(3) If an amended certificate is issued, the certificate holder must immediately return the old certificate to the Licensing Authority.

(4) A certificate holder commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to comply with subsection (1) or subsection (3).

Part 3

Obligations of licence holders, promoters and internet auction providers

Subpart 1 – Obligations of all licence holders

Licences and records

36 Obligation to show and to display licence

(1) At any time when a licence holder who is an individual is engaged in secondhand dealing or pawnbroking, he or she must, on request by a member of the police, show his or her licence to that member.

(2) Every licence holder must ensure that a certified copy of his or her licence is prominently displayed so as to be readily visible to the public at every place of business used by the licence holder for secondhand dealing or pawnbroking purposes.

(3) A licence holder commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails without reasonable excuse to comply with subsection (1) or subsection (2).

(4) Section 83 applies to a charge under subsection (3).

37 Employee records

(1) Every licence holder must keep an employee record of every person who is employed by the licence holder in the secondhand dealing or pawnbroking business.

(2) The employee record must show–

(a) the full name, date of birth, contact address, and telephone number (if any) of every employee; and

(b) which employees (if any) hold a certificate, and the number of each certificate; and

(3) The employee record must be kept–

(a) at the licence holder's principal place of business; or

(b) if the licence holder is an itinerant secondhand dealer, in the possession of that dealer; or

(4) An employer must keep the records on the employee record that relate to each employee for at least 12 months from the date on which the relevant employee ceases employment with the employer.

(5) A licence holder commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails, without reasonable excuse, to–

(a) keep an employee record; or

(b) record in it the information required by this section; or

38 Police access to employee records

(1) A licence holder must, when required to do so by a member of the police,–

(a) show the member, without delay, his or her employee record and any information contained in it:

(b) make a copy of all or specified parts of it and give the copy to the member or, if that is impracticable, give the member the employee record or specified parts of it.

(2) If a licence holder gives a member of the police his or her employee record, the member must–

(a) give a receipt for the document; and

(b) return it within 2 hours.

(3) A licence holder commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails without reasonable excuse to comply with subsection (1).

(4) Section 83 applies to a charge under subsection (3).

Goods

39 Obligation to report and hold stolen goods

(1) A licence holder who has possession of, or who is offered for sale or pawn, any goods that he or she knows or suspects are stolen goods must–

(a) report the goods to a member of the police as soon as practicable; and

(b) if he or she has possession of the goods, hold them for 14 days from the date of the report to the member of the police.

(2) If a member of the police gives a licence holder a notice that specified goods are, or are alleged to be, stolen goods, the licence holder must–

(a) immediately notify a member of the police if any of the specified goods are offered to the licence holder for sale or pawn; and

(b) check whether he or she already has possession of any of the specified goods and, if so, must comply with subsection (1)(a) and (b).

(3) A licence holder commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails, with respect to goods that the licence holder knows, suspects, or ought reasonably to know or suspect are stolen goods, to comply with subsection (1)(a) or (b) or subsection (2)(a) or (b).

(4) A licence holder may dispose of goods that he or she has reported to the police under this section after holding them for at least 14 days unless, before the expiry of the 14 days, the police issue a hold notice under section 40 with respect to the goods.

(5) Subsection (4) does not override section 60.

40 Police may issue hold notice

(1) A member of the police may issue a hold notice to a licence holder if the member has reasonable grounds to suspect that any goods held by the person are stolen goods.

(2) If a licence holder is issued with a hold notice, he or she must not dispose of the goods identified in the notice for 28 days from the date of the notice except with the authority of a member of the police.

(3) A licence holder commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she disposes of goods that are identified in a hold notice within 28 days of the issue of the notice without the authority of a member of the police.

(4) Subsection (2) does not override section 60.

41 Obligation to give police access to goods

(1) A licence holder must, when required to do so by a member of the police, show, or make available to, that member all or any of the goods held by the licence holder for the purpose of secondhand dealing or pawnbroking.

(2) A licence holder commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails without reasonable excuse, on request by a member of the police, to show or make available to the member any goods as required by subsection (1).

(3) Section 83 applies to a charge under subsection (2).

Subpart 2 – Obligations of licensed secondhand dealers

Records and verification of identity

42 Dealers record

(1) Every licensed secondhand dealer must keep a dealers record.

(2) The dealers record must show the following information with respect to every article acquired by a licensed secondhand dealer in the course of business as a secondhand dealer:

(a) the identity of the person from whom the article is acquired, which must include–

(i) the person's full name, contact address, and contact telephone number (if any):

(ii) the manner in which the person's identity was verified or, if the identity was not verified, the reason for that (as set out in section 43(3)):

(iii) the person's date of birth (unless the person's identity was not verified):

(iv) the person's signature (unless the person's identity was not verified):

(b) a description of the article and its serial number or other unique identifier (if any):

(d) the number assigned by the licensed secondhand dealer to the article:

(e) the name and signature of the person who conducted the transaction on behalf of the licensed secondhand dealer:

(f) the date of the transaction:

(g) in the case only of an article with an apparent resale value of more than $40 or such other amount as may be prescribed, either–

(i) the date on which the article was sold; or

(ii) an account of how and when the article was otherwise disposed of:

(h) any other prescribed information.

(3) The dealers record must show the following information with respect to all scrap metal acquired by a licensed secondhand dealer in the course of business as a secondhand dealer:

(a) the identity of the person from whom the scrap metal is acquired, which must include the matters set out in subsection (2)(a):

(b) a description of the nature and quantity of the scrap metal:

(d) the date of the transaction:

(e) any other prescribed information.

(4) The information required to be shown in the dealers record must be added to the record as soon as practicable after the information is available.

(5) A licensed secondhand dealer commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she–

(a) fails without reasonable excuse to–

(i) keep a dealers record; or

(ii) record in it the information required by this section; or

(iii) add information to it as soon as practicable after the information is available; or

(b) makes a false entry in his or her dealers record.

43 Verifying identity

(1) A licensed secondhand dealer must verify the identity of the person from whom an article is acquired, except in the circumstances set out in subsection (3).

(2) A person's identity may be verified for the purposes of subsection (1)–

(a) by sighting the person's authorised identification; or

(b) by personal knowledge, in which case if any details about the person that are recorded in the secondhand dealer's dealers record are incorrect, the secondhand dealer is regarded as having made a false entry, without reasonable excuse, in his or her dealers record; or

(3) A secondhand dealer need not obtain evidence of the identity of a person from whom goods are acquired in the following situations:

(a) where the goods are acquired at a public auction conducted by a licensed auctioneer:

(b) where the goods are acquired through an internet auction run by an internet auction provider that complies with any prescribed requirements:

(c) where the goods are acquired at a garage sale and the secondhand dealer keeps a record of the address at which the goods were sold:

(d) where the goods are acquired from a seller who is overseas:

(e) in any other prescribed situation.

44 Storage of dealers record

(1) Every dealers record must be kept–

(a) at the secondhand dealer's principal place of business; or

(b) in the case of an itinerant secondhand dealer, in the possession of that dealer; or

(2) The information in the dealers record relating to any article or scrap metal must be kept for not less than 3 years from the date of the transaction relating to that article or scrap metal.

(3) Every dealers record must be kept available for inspection (at any reasonable hour) on request by a member of the police.

(4) A licensed secondhand dealer commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails without reasonable excuse to store his or her dealers record as required by this section.

45 Police access to dealers record

(1) A licensed secondhand dealer must, when required to do so by a member of the police,–

(a) show the member his or her dealers record and any information contained in it; and

(b) make a copy of all or specified parts of it and give the copy to the member or, if that is impracticable, give the member the dealers record or specified parts of it.

(2) If a licensed secondhand dealer gives a member of the police his or her dealers record, or any part of it, the member must–

(a) give a receipt for the document; and

(b) return the document to the dealer within 2 hours.

(3) A licensed secondhand dealer commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails without reasonable excuse to comply with subsection (1).

(4) Section 83 applies to a charge under subsection (3).

Secondhand dealing

46 Secondhand dealers not to enter into buyback contracts

No licensed secondhand dealer may enter into a buyback contract as a buyer while apparently acting in the course of business as a secondhand dealer.

47 Articles to be kept for 14 days

(1) Every article acquired by a licensed secondhand dealer in the course of his or her secondhand dealing business must be retained by the secondhand dealer in an unaltered state for 14 days from the date of the transaction.

(2) Every article acquired by a licensed secondhand dealer in the course of his or her secondhand dealing business must be stored, for the first 14 days after the transaction, in a place at which it can be reasonably conveniently inspected by a member of the police if the member asks to inspect it.

(3) Despite subsection (1), articles need not be retained for 14 days if–

(a) the article was acquired by the licensed secondhand dealer from a licensed secondhand dealer and pawnbroker; or

(b) the article is returned to the person from whom the licensed secondhand dealer acquired it; or

(c) the article is being sold by the licensed secondhand dealer as agent for the owner, and the licensed secondhand dealer notes on his or her dealers record–

(i) the purchaser's full name, date of birth, contact address, and contact telephone number (if any); and

(ii) the manner in which the licensed secondhand dealer verified the purchaser's identity, which must be by one of the methods set out in section 43(2); and

(iii) the purchaser's signature.

48 Articles to be labelled

(1) A label in the prescribed form bearing the number assigned by a secondhand dealer to an article must be affixed to the article at all times until it is sold or otherwise disposed of.

(2) Subsection (1) does not apply to the extent that this Act or regulations prescribe otherwise.

49 Modification of rules where groups of articles acquired as single item

(1) This section applies where a secondhand dealer acquires a group of articles as a single item (such as a box of miscellaneous goods or a collection of articles).

(2) An article in a group must be separately identified and be treated as a single article for the purposes of this Act only if it has–

(a) an apparent resale value of more than $40 or such other amount as may be prescribed; or

(b) a serial number on it which may be used as a unique identifier.

(3) All remaining articles in the group must be treated as a single article for the purposes of this Act, and–

(a) the individual articles in the group need not be labelled under section 48; and

(b) the disposal of the group and the individual articles in it need not be recorded in the dealers record under section 42(2)(g).

(4) The fact that an article is offered for sale at a price of more than $40 (or other prescribed amount) is conclusive proof that the item has or had an apparent resale value of more than that amount.

50 Offences relating to secondhand dealing

(1) A licensed secondhand dealer commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she enters into a buyback contract as a buyer while apparently acting in the course of business as a secondhand dealer.

(2) A licensed secondhand dealer commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails, without reasonable excuse,–

(a) to comply with section 47(1) and (2) (which relate to retaining articles), other than in the circumstances set out in section 47(3); or

(b) to comply with section 48 (which relates to labelling articles).

Subpart 3 – Obligations of licensed pawnbrokers

Records and verification of identity

51 Pawnbrokers record

(1) Every licensed pawnbroker must keep a pawnbrokers record.

(2) The pawnbrokers record must show the following information with respect to all goods pledged to the pawnbroker in the course of business as a pawnbroker:

(a) the identity of the pledger, which must include–

(i) the pledger's name, contact address, and contact telephone number (if any); and

(ii) the form of authorised identification used to verify the pledger's identity, date of birth, and fact that the pledger is aged 18 years or over; and

(iii) the signature of the pledger:

(b) a description of the pawned goods, including their serial numbers or other unique identifier (if any):

(d) the name and signature of the person who conducted the transaction on behalf of the licensed pawnbroker:

(e) the redemption date:

(f) the amount of money advanced on the goods:

(g) the interest to be charged:

(h) the total redemption price payable at the redemption date, and whether any lesser amount is payable if the goods are redeemed before that date:

(i) either–

(i) the date on which the goods are redeemed, and the amount for which they are redeemed; or

(ii) the date on which, and the price for which, the goods are sold, and the amount (if any) returned to the pledger:

(j) any other prescribed information.

(3) The information required to be shown in the pawnbrokers record must be added to the record as soon as practicable after the information is available.

(4) A licensed pawnbroker commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she–

(a) fails without reasonable excuse–

(i) to keep a pawnbrokers record; or

(ii) to record in it the information required by this section; or

(iii) to add information to it as soon as practicable after the information is available; or

(b) makes a false entry in his or her pawnbrokers record.

52 Verifying identity of pledgers

(1) A licensed pawnbroker must verify the identity of every pledger from whom he or she accepts a pledge.

(2) A pledger's identity may be verified for the purpose of subsection (1)–

(a) by sighting the person's authorised identification; or

(b) by personal knowledge, in which case if any details about the person that are recorded in the pawnbroker's pawnbrokers record are incorrect, the pawnbroker is regarded as having made a false entry without reasonable excuse in his or her pawnbrokers record; or

53 Storage of pawnbrokers record

(1) Every pawnbrokers record must be kept–

(a) at the pawnbroker's principal place of business; or

(b) if regulations provide that pawnbrokers records may also be kept elsewhere, in accordance with the regulations.

(2) The information in the pawnbrokers record relating to any goods must be kept for not less than 3 years from the date of the transaction relating to those goods.

(3) Every pawnbrokers record must be available for inspection on request at any reasonable hour by a member of the police.

(4) A licensed pawnbroker commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails, without reasonable excuse, to store his or her pawnbrokers record as required by this section.

54 Police access to pawnbrokers record

(1) A licensed pawnbroker must, when required to do so by a member of the police,–

(a) show the member his or her pawnbrokers record and any information contained in it; and

(b) make a copy of all or specified parts of it and give the copy to the member or, if that is impracticable, give the member the pawnbrokers record or specified parts of it.

(2) If a licensed pawnbroker gives a member of the police his or her pawnbrokers record, or any part of it, the member must–

(a) give a receipt for the document; and

(b) return the document to the pawnbroker within 2 hours.

(3) A licensed pawnbroker commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she fails without reasonable excuse to comply with subsection (1).

(4) Section 83 applies to a charge under subsection (3).

Pawnbroking

55 Pawnbrokers not to enter into buyback contracts

No licensed pawnbroker may enter into a buyback contract as a buyer while apparently acting in the business of a pawnbroker.

56 Pawnbrokers to enter into contracts only at pawnbroking premises

A pawnbroker may enter into a pawnbroking contract only at pawnbroking business premises identified in the pawnbroker's licence.

57 Redemption price

(1) The redemption price of any pawned goods is–

(a) the amount of money advanced on the goods; plus

(b) the total interest payable by the pledger on redemption of the goods.

(2) A pawnbroker may charge only interest, and not any other fee or charge (however described), as part of the redemption price of pawned goods.

(3) A pawnbroker may advance only money, and not any other thing, on a pledge.

58 Redemption date

(1) The redemption date of any pawned goods is the last day on which the pawnbroker must hold the goods for redemption by the pledger.

(2) The redemption date is the later of–

(a) the date that is 3 months later than the date on which the pledge was entered into; or

(b) a date agreed to between the pawnbroker and the pledger.

59 Pledge tickets

(1) At the time when a pledger gives possession of pawned goods to a licensed pawnbroker, the pawnbroker must give the pledger a pledge ticket for the goods.

(2) If a form of pledge ticket is prescribed, the pledge ticket must be in that form; but in any case every pledge ticket must show–

(a) the name of the pledger; and

(b) the address at which the pawned goods may be redeemed; and

(d) a summary of the rights of pledgers and the obligations of pawnbrokers under the pledge, as provided in this Act.

(3) The pledger must produce the pledge ticket to the licensed pawnbroker if he or she wishes to redeem the pawned goods.

(4) A licensed pawnbroker is entitled, in the absence of proof to the contrary, to assume that the holder of a pledge ticket is in fact the pledger of the goods identified on the ticket.

(5) A licensed pawnbroker must issue a replacement pledge ticket if satisfied that the person seeking the replacement ticket is in fact the pledger, or agent of the pledger, of the pawned goods to which it relates.

60 Pawned goods to be retained until redemption date

A licensed pawnbroker may not dispose of pawned goods on or before the redemption date, except by way of redemption of the goods by the pledger or as otherwise provided in this Act.

61 Pawned goods to be labelled

(1) A label in the prescribed form bearing the number assigned by a pawnbroker to pawned goods must be affixed to the goods at all times until the goods are redeemed or disposed of.

(2) Subsection (1) does not apply to the extent that regulations prescribe otherwise.

62 Right of pledger to redeem and inspect pawned goods

(1) A pledger may, at any time, redeem his or her pawned goods from a licensed pawnbroker on payment of the redemption price.

(2) A pledger may, at any reasonable time, inspect any of his or her goods that are held by a licensed pawnbroker.

(3) An inspection under subsection (2) may consist of–

(a) the pledger viewing, but not handling, the goods; or

(b) a demonstration by the pawnbroker of the operation of the goods.

63 Right of pawnbroker to sell unredeemed goods after redemption date and retain redemption price

(1) If a pledger does not redeem his or her pawned goods on or before the redemption date, the pawnbroker may sell the goods in order to recover the redemption price.

(2) Goods to be offered for sale by a pawnbroker must be offered for sale by way of–

(a) a public auction conducted by a person who is not–

(i) the pawnbroker; or

(ii) the pawnbroker's spouse, civil union partner, de facto partner, parent, child, or sibling; or

(iii) an employee of the pawnbroker; or

(iv) in the case of a pawnbroker that is a company, a person concerned in the management of the company; or

(b) an internet auction conducted on a publicly accessible internet auction website that complies with any prescribed requirements.

(3) If the redemption price (or more) of pawned goods is bid for those goods, the goods must be sold at the auction.

(4) If, having been offered for sale at public auction or internet auction, the goods remain unsold, the pawnbroker may sell the goods in any other way that is reasonable, having regard to the need to obtain a realistic price for the goods. The fact that the goods are subsequently sold for a price less than the redemption price does not necessarily show that the subsequent method of sale was unreasonable.

(5) When a pawnbroker sells pawned goods, he or she may retain from the sale price the redemption price of the goods.

64 What happens if sale price is greater than redemption price

(1) In this section, excess means the amount (if any) by which the price that a pawnbroker sells pawned goods for exceeds the redemption price of those goods.

(2) A pledger is entitled to 90% of any excess received by the pawnbroker on the sale of the pledger's goods, provided that the excess is claimed within 6 months of the date of the sale.

(3) The pawnbroker may retain the remaining 10% of the excess.

(4) If an excess is $10 or more, the pawnbroker must, as soon as practicable after the sale, write to the pledger at his or her last known address advising him or her of–

(a) the amount of excess to which he or she is entitled; and

(b) the date by which it must be claimed.

(5) If the pledger does not claim his or her portion of the excess within 6 months of the date of the sale, the pawnbroker may keep that portion also.

65 Miscellaneous rules about pawnbroking

(1) A licensed pawnbroker may not accept a pledge from a person who is under the age of 18 years.

(2) Every pawnbroking contract is subject to this Act and every other enactment.

(3) A pawnbroker may not purchase goods that are the subject of a pawnbroking contract with that pawnbroker, except as provided in section 66.

66 Sale of goods by pledger to pawnbroker

(1) If, after entering into a pawnbroking contract, a pledger wishes to sell any of the goods that are the subject of the contract, the pawnbroker who accepted the pledge may buy the goods if–

(a) the purchase price of the goods is more than the redemption price of those goods; and

(b) the difference between the redemption price and the purchase price is paid in cash to the seller at the time of the sale; and

(2) When goods are purchased under this section,–

(a) the pawnbroking contract is treated, so far as it relates to those goods, as having been cancelled immediately before the sale; and

(b) sections 60, 63, 64, and 67(1)(c), (f), and (g) do not apply in respect of the goods.

67 Offences relating to pawnbroking

(1) A licensed pawnbroker commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she, without reasonable excuse,–

(a) enters into a buyback contract as a buyer while apparently acting in the course of business as a pawnbroker:

(b) enters into a pawnbroking contract at any place other than pawnbroking business premises identified in his or her licence:

(d) fails to issue a pledge ticket, or issues a pledge ticket that does not comply with section 59:

(e) fails to allow a pledger to redeem or inspect goods pawned by the pledger:

(f) sells pawned goods without first offering them for sale at public auction or internet auction:

(g) fails, when a pledger claims an excess (as defined in section 64(1)) within 6 months of the disposal of pledged goods, to return to the pledger at least 90% of the excess:

(h) accepts a pledge from a pledger aged under 18 years:

(i) fails to comply with any of the conditions set out in section 66(1) when purchasing goods that are subject to a pawnbroking contract.

(2) A licensed pawnbroker commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, if he or she fails, without reasonable excuse, to comply with any other obligation under any of sections 55 to 65.

Subpart 4 – Obligations of promoters and internet auction providers

Records

68 Promoters record

(1) Every promoter must keep a promoters record.

(2) The promoters record must show, with respect to every market or fair at which the promoter provides space to stallholders,–

(a) the date or dates on, or the period during, which the market or fair operates; and

(b) the location of the market or fair; and

(i) the stallholder' s full name, date of birth, contact address, and contact telephone number (if any); and

(ii) if the stallholder holds a licence or a certificate, the number of that licence or certificate; and

(iii) if the stallholder does not hold a licence or a certificate, a record of how the promoter verified the identity of the stallholder, which must be one of the methods set out in subsection (3); and

(iv) the signature of the stallholder; and

(v) any other prescribed information.

(3) A promoter may verify the identity of a stallholder by–

(a) sighting the person's authorised identification; or

(b) personal knowledge, in which case if any details about the person that are recorded in the promoter's promoters record are incorrect, the promoter is regarded as having made a false entry, without reasonable excuse, in his or her promoters record; or

(4) The information in a promoters record about a particular market or fair and the stallholders at it must be kept by the promoter for at least 12 months from the date of the market or fair.

(5) A promoter must, when required to do so by a member of the police,–

(a) make, and give to the member of the police, a copy of all or any specified part of the promoter's promoters record; or

(b) if that is impracticable, give the promoters record or specified part of it to the member of the police, in which case the member must–

(i) give a receipt for the document; and

(ii) return the document within 2 hours.

(6) A promoter commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she, without reasonable excuse,–

(a) fails to comply with the requirements of this section relating to the promoters record; or

(b) makes a false entry in his or her promoters record; or

(c) fails to give his or her promoters record, or a specified part of it, to a member of the police when required to do so.

(7) Section 83 applies to a charge under subsection (6)(c).

69 Internet auction providers record

(1) Every internet auction provider must keep an internet auction providers record.

(2) The internet auction providers record must show the following information:

(a) the full name, date of birth, contact telephone number, and email address of every person offering secondhand articles or scrap metal for sale on the internet auction provider's website; and

(b) any other prescribed information.

(3) The information in an internet auction providers record about a particular sale or attempted sale must be kept by the internet auction provider for at least 12 months from the date bids closed for that sale or attempted sale.

(4) An internet auction provider must, when required to do so by a member of the police,–

(a) show the member his or her internet auction providers record and any information contained in it; or

(b) make a copy of all or specific parts of it and give the copy to the member or, if that is impracticable, give his or her internet auction providers record or a specific part of it to the member, in which case the member must–

(i) give a receipt for the document; or

(ii) return the document to the internet auction provider within 2 hours.

(5) An internet auction provider commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, if he or she, without reasonable excuse,–

(a) fails to comply with the requirements of this section relating to his or her internet auction providers record; or

(b) makes a false entry in his or her internet auction providers record; or

(c) fails to provide access by a member of the police to his or her internet auction providers record in accordance with subsection (4) when required to do so.

(6) Section 83 applies to a charge under subsection (5)(c).

Part 4

Licensing Authority of secondhand dealers and pawnbrokers, and miscellaneous provisions

Defences to certain charges

83 Charges involving failure to show or make copy of document, or show or make available any thing

(1) It is a defence to a charge under this Act involving a failure, following a request by a member of the police, to show, make a copy of, and give a document, or a failure to show or make available any other thing, to that member if–

(a) the member was not in uniform and did not, at the time of making the request, produce evidence that he or she was a member of the police; or

(b) the request was made at a time or in a manner that was unreasonable in the circumstances.

(2) This section does not limit any other defences that may be available.

Schedule 1

Articles for purposes of this Act

The following are articles for the purposes of this Act:

bicycles and bicycle spare parts and accessories:
boats, boat engines, and boat accessories:
cameras and photography equipment:
coins, medals, medallions, and military decorations (but not including coins used as legal tender in New Zealand):
compact discs (laser read):
computer hardware, software, and other computer-related items:
copper in any form:
farm bikes and quad bikes:
fishing equipment and diving equipment (including wetsuits):
electric or electronic consumer goods (including whiteware):
games machines and associated games equipment:
items made of, or substantially made of, gold, silver, platinum, brass, bronze, or any combination of these metals:
jackets and coats:
jewellery:
leather clothing (but not including footwear):
motor mowers:
motor vehicle (including motor cycle) accessories and parts:
musical instruments other than pianos, and accessories of musical instruments:
optical instruments such as binoculars, microscopes, and telescopes:
ornamental china and crystal:
portable power tools:
sporting equipment:
sunglasses:
tool sets:
watches and clocks.

Schedule 2

Forms of authorised identification

The forms of identification that are authorised identification for the purposes of the Act are–

(a) a current passport:

(b) a current New Zealand driver licence or a current overseas driver licence that contains a photograph:

(c) any current document containing a photograph that is issued for purposes of identification by the New Zealand Government:

(d) any document referred to in paragraph (a), paragraph (b), or paragraph (c) that has expired, but only if it expired less than 2 years before the date on which it is being used as identification:

(e) an 18+ card issued by the Hospitality Association of New Zealand:

(f) a current document issued by a New Zealand secondary or composite school to a student that–

(i) is issued for the purpose of identifying the student; and

(ii) contains a photograph of the student.

EXTRACT FROM SECONDHAND DEALERS AND PAWNBROKERS REGULATIONS 2005

Obligations of licence holders and internet auction providers

11 Dealers record-keeping requirements not to apply to certain items

The requirements of section 42(2) of the Act in regard to the information shown in a dealers record do not apply to items in which the copper is of negligible commercial value, unless that item is otherwise an article.

11A Dealers record-keeping requirements not to apply to article acquired free of charge

The requirements of section 42(2) of the Act in regard to the information shown in a dealers record do not apply to any article the dealer acquires free of charge.

12 Dealers record-keeping requirements not to apply to certain circumstances

(1) If a dealer acquires goods in one of the situations set out in section 43(3) of the Act (where the dealer need not obtain evidence of the identity of a person from whom goods are acquired), the dealers record need not show the full name, contact address, and contact telephone number (if any) of the person from whom the dealer acquired the goods.

(2) The dealers record must show the auction name, address of the auction, and item lot number (if any) for any goods that the licensed secondhand dealer acquires in the situation set out in section 43(3)(a) of the Act (which relates to some public auctions).

(3) The dealers record must show the website address, on-line trading identity, and email address of the seller from whom a licensed secondhand dealer acquires goods in the situation set out in section 43(3)(b) of the Act (which relates to some internet auctions).

(4) The dealers record must show the address at which a licensed secondhand dealer acquires goods in the situation set out in section 43(3)(c) of the Act (which relates to some garage sales).

12A Dealers record-keeping requirements for article acquired from retail outlet

The dealers record of a dealer who, in the course of business as a secondhand dealer, acquires an article from a retail outlet need not show the information listed in section 42(2)(a) of the Act (which relates to the identity of the person from whom the article is acquired), but must show–

(a) the name and position of the person acting in the transaction on behalf of the retailer; and

(b) the address of the retail outlet; and

12B Exemption from requirement to verify identity when article acquired free of charge

A dealer who acquires an article free of charge need not obtain evidence of the identity of the person from whom the article is acquired.

12C Exemption from requirement to verify identity when acquiring article from retailer

A dealer who, in the course of business as a secondhand dealer, acquires a secondhand article from a retail outlet need not obtain evidence of the identity of the retailer.

13 Label for articles

The label required to be affixed to an article must be in the form set out in the Schedule, and may include additional information, such as the price and description of the article.

14 Label for pawned goods

The label required to be affixed to pawned goods must be in the form set out in the Schedule, and may include additional information.

15 Internet auction website requirements

An internet auction website on which a pawnbroker offers pawned goods for sale under section 63 of the Act must be a website run by a person who is not–

(a) the pawnbroker; or

(b) the pawnbroker's spouse, civil union partner, de facto partner, parent, child, or sibling;

(d) in the case of a pawnbroker that is a company, a person concerned in the management of the company.

16 Internet auction providers record

An internet auction providers record must show, in addition to the information required under section 69(2)(a) of the Act, the on-line trading identity and IP address (that is, the internet protocol address) of every person offering secondhand articles or scrap metal for sale on the internet auction provider's website.

Schedule

Prescribed labels

Label for articles and pawned goods

Number: