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Second-hand dealers are regulated to limit trade in stolen property. A person must not carry on business as a second-hand dealer unless the person is licensed.
The Office of Regulatory Services administers the licensing of second-hand dealers in the A.C.T.
Who is a second-hand dealer?
A person who, for reward or profit, deals in second-hand goods, buys or sells second-hand goods or sells someone else’s second-hand goods as an agent.
A licensed second-hand dealer must clearly display on the outside of each premises their name and other required details and must make required records.
What are second-hand goods (from Schedule 1 of the Second-hand Dealers Regulation 2002 )?
Jewellery that includes gemstones or precious metals;
Gemstones;
Precious metal;
Watches;
Sporting and recreational goods other than clothes, shoes or goods sold by the Defence Force;
Bicycles;
Musical instruments;
Photographic equipment;
Tools, including tool kits and portable engine powered tools, portable motorised tools, other than tools sold by the Defence Force;
Portable engine tools, portable motorised tools or portable air-powered tools, other than motorised wheelchairs, wheeled lounges, spinal carriages, other similar goods designed to carry a person with a disability or goods sold by the Defence Force;
Electrical or electronic goods, including microwave ovens, compact disc readers, compact disc writers and compact disc rewriters, other than refrigerators, washing machines and other whitegoods;
Computer hardware and computer software;
Audio cassettes and records (singles and albums);
Video cassettes, floppy discs, compact (laser-read) discs, digital video discs and other electronic information storage devices;
Watercraft and parts of watercraft;
Car radios, car stereos and car sound equipment; and,
Mobile telephones and mobile telephone accessories.
The Second-hand Dealers Act 1906 Second-hand Dealers Regulation 2002
You must comply with the Second-hand Dealers Act 1906;
If you are an individual, you must be an adult (18 years of age or older); and,
You must be a suitable person (or organisation).
Disqualifying circumstances
An applicant is suitable unless the applicant is disqualified. An applicant is disqualified if the person (or if the applicant is a corporation, either the corporation or any executive officer of the corporation):
Has committed an offence against the Second-hand Dealers Act 1906 or a corresponding law of a State or foreign country; or,
Has committed an offence involving fraud or dishonesty in Australia or a foreign country; or,
Has been refused a licence, or has had a licence cancelled or revoked under this Act or a corresponding law of a State.
A licence may be held by an individual or by a partnership or by a corporation. The suitability rule applies to individuals and to all partners of a partnership. It also applies to a corporation and to every executive officer (directors and persons who take part in the corporation’s management) of a corporation.
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