Australian Capital Territory

second-hand dealers and collectors act 1906 
(New South Wales) 
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 January 1998
TABLE OF PROVISIONS
Section
part i—preliminary
	1.	Short title
	2.	Interpretation
part ii—licences
	2A.	Applications for licences
	2B.	Licences
	2C.	Certificates of convictions
	2D.	Objections to granting of licences
	2E.	Grant of licences
	2F.	Duration of licences
Part III—Second-hand Dealers
	3.	Dealers must be licensed
	8.	Duties of dealers
	8A.	Goods suspected of being stolen, embezzled or fraudulently obtained
	9.	Dealers—carrying on business
Part IV—Collectors
	11.	Collector’s address
	12.	Licence not to be hired or lent 
	12A.	Hours of business
	13.	Collectors to be licensed
Part V—Miscellaneous
	14.	Ceasing to be licensed
	15.	Evidentiary certificates
	18.	Licences may be revoked
	19.	Register to be kept
First-fourth Schedules
FORMS
sixth schedule
forms

Australian Capital Territory

second-hand dealers and collectors act 1906 
(NEW SOUTH WALES)
An Act to provide for the licensing and regulation of second-hand dealers in and collectors of certain old wares, to regulate the sale of second-hand articles and old wares, and for other purposes
part i—preliminary
Short title
1.  This Act may be cited as the Second-hand Dealers and Collectors Act 1906.1
Interpretation
2.  In this Act, unless the contrary intention appears—
“charge” means a charge that has not been dealt with by a court, but does not include a charge that has been withdrawn or otherwise not been proceeded with;
“collector” means any person engaged in collecting old wares of any kind, whether on his or her own behalf or on behalf of an employer, for the purposes of sale or trade, but shall not include a person who buys old wares at a bona fide advertised auction sale conducted by a licensed auctioneer;
“convicted” includes being discharged under section 556A of the Crimes Act 1900 or an equivalent provision of a law of the Commonwealth, a State, another Territory or another country, but does not include a reference to a conviction that has been set aside on appeal or review;
“Court” means the Magistrates Court;
“licence” means licence under this Act;
“old wares” means partly manufactured metal goods, second-hand anchors, cables, sails, old junk, rags, bones, bottles, syphons, syphon tops, old copper, old iron, old brass, old lead, old muntz-metal, scrap metal, broken metal, defaced metal goods, old wearing apparel, old boots, second-hand furniture, second-hand tools, second-hand drapery goods, second-hand jewellery, and old stores of every description;
“Registrar” means the Registrar of the Court;
“second-hand dealer” means any person, other than a ship-chandler or ship-owner, who carries on the business of dealing in or buying and selling old wares of any kind, whether such person deals in any other goods or not;
“ship-chandler” means any shopkeeper whose principal business is the sale of cordage, canvas, and other furniture, and general necessaries of ships;
 “truck” means truck, handcart, cart, barrow or vehicle of any kind whatsoever.
PART II—LICENCES
Applications for licences
2A.  (1)  A person who has attained the age of 18 years may apply to the Court for a licence by lodging with the Registrar—
	(a)	an application in accordance with a form approved by the Registrar;
	(b)	a copy of the application; and
	(c)	where the applicant is not the holder of a licence—references as to the applicant’s character and suitability for holding a licence given by 3 qualified persons.
(2)  In this section—
“elector” has the same meaning as it has in the Electoral Act 1992;
“qualified person” means—
	(a)	an elector who is a person referred to in the Schedule to the Statutory Declarations Regulations of the Commonwealth; or
	(b)	another person approved by the Court.
Licences
2B.  (1)  Upon lodgment of the documents referred to in subsection 2A (1), the Registrar shall—
	(a)	appoint a date for the hearing of the application by the Court, being a date not earlier than 21 days after the date on which the application is lodged;
	(b)	endorse on the copy of the application a notice stating the date so fixed; and
	(c)	return the copy to the applicant.
(2)  The applicant shall, within 24 hours after receiving the copy of the application under paragraph (1) (c), lodge it with the Commissioner of Police.
Certificates of convictions
2C.  (1)  The Commissioner shall, not later than 5 days before the date appointed for the hearing of an application for a licence, furnish to the Registrar for the use of the Court a certificate stating whether, according to the records held by the Commissioner, it appears that the applicant has been charged with, or convicted of, any offence against a law of the Territory, the Commonwealth, a State, another Territory or another country.
(2)  The applicant is entitled to inspect a certificate under subsection (1).
Objections to granting of licences
2D.  (1)  Subject to subsection (2), the Commissioner of Police may, upon the hearing of an application for a licence, object to the granting of the licence on the ground that the applicant is not a fit and proper person to be the holder of a licence.
(2)  The Commissioner of Police is not entitled to object to the granting of a licence unless, not later than 7 days before the date appointed for the hearing of the application for the licence, he or she—
	(a)	lodges with the Registrar a notice of objection setting out particulars of the ground of objection; and
	(b)	serves a copy of the notice on the applicant.
Grant of licences
2E.  (1)  Where, on the hearing of an application for a licence, the applicant satisfies the Court that he or she is a fit and proper person to be the holder of a licence, the Court may direct the Registrar to issue a licence to the applicant and the Registrar shall issue a licence to the applicant in accordance with—
	(a)	in the case of a second-hand dealer’s licence—the form in the First Schedule; and
	(b)	in the case of a collector’s licence—the form in the Sixth Schedule.
(2)  For the purpose of determining whether an applicant for a licence is a fit and proper person to hold the licence, the Court may have regard to whether he or she—
	(a)	has been convicted of, or is subject to, a charge in relation to an offence—
	(i)	that involves fraud or dishonesty; or
	(ii)	against this Act or a corresponding law; or
	(b)	has been refused a licence under this Act or a corresponding law.
(3)  The Court may, on the hearing of an application for a licence, request the Commissioner of Police to make such further inquiries as the Court thinks fit and may adjourn the hearing to enable the Commissioner to make the inquiries and furnish the report.
(4)  Where the granting of a licence to an applicant who is already the holder of a licence is not objected to, the application may be determined in chambers.
(5)  In this section—
“corresponding law” means a law of a State, another Territory or another country that deals with the licensing or conduct of second-hand dealers or collectors.
Duration of licences
2F.  Subject to this Act, a licence is in force for 1 year from the day on which it is issued.
Part Iii—Second-hand Dealers
Dealers must be licensed
3.  Any person who carries on business as a second-hand dealer without being licensed so to do shall be guilty of an offence.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
Duties of dealers
8.  If any licensed second-hand dealer, without reasonable excuse, fails to—
	(a)	cause to be painted and kept painted, his or her name in full, and the words “licensed dealer in old wares” upon some conspicuous part of the outside of the premises in respect of which his or her licence is granted in letters not less than 10 cm high;
	(b)	enter in a book, in the form in the Second Schedule, the name of every person to whom he or she shall lend or let on hire, whether gratuitously or otherwise, any truck, and the date when and the period for which such truck was lent or let on hire, and the amount (if any) charged for such lending or hire;
	(c)	keep a book, in the form of the Third Schedule, and enter correctly therein all particulars mentioned in that Schedule;
	(d)	keep a book, in the form of the Fourth Schedule, and enter correctly therein all particulars mentioned in that Schedule;
	(e)	produce to any police officer, whenever requested, the book or books by this Act required to be kept by him or her, and any old wares purchased or received by him or her then in his or her possession;
	(f)	keep all old wares purchased or received by him or her, excepting old wares purchased from a licensed auctioneer, without changing the form in which they were when so purchased or received, and without disposing of the same in any way for a period of 5 days after such wares have been purchased or received; or
	(g)	keep all old wares purchased or received by him or her from a licensed collector, other than bottles, separate and distinct from old wares purchased or received from any other person, and labelled with the name of the licensed collector from whom they were purchased or received, for a period of 5 days after the old wares were so purchased or received;
the dealer is guilty of an offence punishable, on conviction, by a fine not exceeding 20 penalty units.
Goods suspected of being stolen, embezzled or fraudulently obtained
8A.  A person shall as soon as is reasonably practicable give notice to a police officer if an article comes into the person’s possession which answers the description of an article described to the person by any police officer, whether orally or by notice in writing, as having been stolen, embezzled or fraudulently obtained.
Penalty:  50 penalty units.

Dealers—carrying on business
9.  (1)  A licensed second-hand dealer shall not carry on the business of a second-hand dealer on premises other than those specified in the licence.
(2)  A licensed second-hand dealer shall not, without reasonable excuse, fail to produce his or her licence on demand made by a police officer at any time on the premises specified in the licence.
(3)  A licensed second-hand dealer shall not purchase or receive old wares from any person who is or is reasonably believed by the dealer to be under the age of 14 years.
(4)  A licensed second-hand dealer shall not carry on business before   7 a.m.
(5)  A person who contravenes this section is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	in the case of a contravention of subsection (1)—50 penalty units; or
	(b)	in the case of a contravention of subsection (2), (3) or (4)—5 penalty units.
Part iv—Collectors
Collector’s address
11.  If any collector, without reasonable excuse, fails to—
	(a)	whenever and so often as he or she changes his or her place of abode, notify by writing signed by him or her, such change to the Commissioner of Police within 7 days after having so changed his or her abode;
	(b)	at any time, upon demand, produce his or her licence to any police officer, or to any person from whom he or she has within 24 hours previously bought or offered to buy, or collected or offered to collect, any old wares; or
	(c)	unless he or she shall sooner sell the same to a licensed dealer, keep all old wares other than bottles purchased or received by him or her, or old wares purchased from a licensed auctioneer, in the same state and condition as they were in when so purchased or received for 4 days at least next after such purchase or receipt, or, if he or she sell the same within that period, deliver the same to the licensed dealer purchasing the same in the same state and condition as when purchased or received;
the collector is guilty of an offence punishable, on conviction, by a penalty—
	(d)	for a breach of paragraph (a) or (b)—not exceeding 5 penalty units; or
	(e)	for a breach of paragraph (c)—not exceeding 50 penalty units.
Licence not to be hired or lent
12.  A collector shall not hire or lend his or her licence to another person with the intention of enabling that person to carry on the business of collector.
Penalty:   30 penalty units.
Hours of business
12A.  A person shall not, before 7 a.m. or after 6 p.m., buy, sell or carry on the business of collecting old wares.
Penalty:   5 penalty units.
Collectors to be licensed
13.  (1)  A person who is not licensed shall not act as a collector.
(2)  A person shall not act as a collector under a licence issued in a false name.
(3)  A person shall not hire or borrow a licence which has been issued to another person.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
Part V—Miscellaneous
Ceasing to be licensed
14.  Every person ceases to be licensed on the expiration, cancellation, or forfeiture of his or her licence.
Evidentiary certificates
15.  (1)  The Registrar of the Magistrates Court may issue a certificate stating whether a specified person was or was not on a specified date or during a specified period the holder of a licence.
(2)  A certificate issued under subsection (1) is evidence of the facts stated in the certificate.
Licences may be revoked
18.  The Court may, upon application made by any person claiming that any licensed person has been guilty of any violation of any of the provisions of this Act, or of any regulations, or that such person is in any other respect unfit to hold any licence, cancel such licence.
Register to be kept
19.  The Registrar of the Court shall enter particulars of any licence granted or cancelled in a register to be kept in the office of the Court, and shall send copies of such entries to the Commissioner of Police.

SCHEDULES
	First Schedule	Subsection 2E (1)
Second-hand Dealers and Collectors Act 1906
Second-hand dealer’s licence
Whereas A.B., of [address and description], has applied to us for a licence to act as a dealer:  Now, the Magistrates Court, being satisfied that A.B. is a fit person to have such licence granted to him or her, hereby authorises and empowers him or her, A.B., to act as a second-hand dealer, and to carry on the business of dealing in, and buying and selling, old wares at the premises occupied by him or her in [name of street and name of place], and this licence shall (unless the same be sooner cancelled or forfeited) be and continue in force for 1 year from the date hereof.  Granted at
     , the                                               day of                             , 19  .
Registered No.	(L.S.)
	Registrar of the Magistrates Court

Second Schedule	Subsection 8 (2)
Second-hand Dealers and Collectors Act 1906
Entry of trucks, handcarts, carts, or vehicles lent or let out on hire

Name of collector to whom truck etc. lent or let on hire	Date on which truck etc. lent or let on hire	Whether on               hire or gratuitously: and if on hire, at what price	Period for which truck etc. is lent or let	No. on trucks etc. lent or let on hire	

	Third Schedule	Subsection 8 (3)
Second-hand Dealers and Collectors Act 1906
Entry of purchases and receipts

Day of purchase or receipt, and hour of day	Description of old wares purchased or received	Name and surname of person by or through whom purchased or received	Name and surname of person from whom purchased or received	Business and place of abode of person from whom purchased or received	

	Fourth Schedule	Subsection 8 (4)
Second-hand Dealers and Collectors Act 1906
Entry of sales and dispositions

Day of sale	Description of old wares sold or disposed of	Name and surname of person by or through whom sold or disposed of	Name and surname of person to whom sold or disposed of	Business and place of abode of person to whom sold or disposed of	

	Sixth Schedule	Subsection 2E (1)
Second-hand Dealers and Collectors Act 1906
Collector’s licence
A.B., of [address and description], is authorised and empowered to act as a collector, and to carry on the business of collecting old wares within all parts of the Australian Capital Territory; and this licence shall (unless the same be sooner cancelled or forfeited) be and continue in force for 1 year from the date thereof.
Granted at                             , this                  day of    	,
19  .
Registered No.	(L.S.)
	(Signed)
	Registrar of the Magistrates Court
This licence is not to be let on hire or lent to any person.
The collector, if he or she changes his or her abode, must report his or her new place of abode to the Commissioner of Police.
Specially notice—This licence is subject to cancellation or forfeiture if the collector be guilty of any breach of the Act or any regulation, or of any improper conduct whatever.

NOTES
1.	The Second-hand Dealers and Collectors Act 1906 of the State of New South Wales (No. 30, 1906) as shown in this reprint was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Second-hand Dealers and Collectors Act 1906 of the State of New South Wales in its application in the Territory as at 12 January 1987 comprises Part 6 of Schedule 2 to the New South Wales Acts Act 1986 (No. 91, 1986) as amended, for details of those amendments see (a).
	The  Second-hand Dealers and Collectors Act 1906 of the State of New South Wales in its application in the Territory has been amended since 12 January 1987 as indicated  in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)
	—	
Self-Government day 11 May 1989
Table 2 
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Second-hand Dealers and Collectors (Amendment) Act 1990	34, 1990	30 Oct 1990	Ss. 1-3:  30 Oct 1990 
Remainder:
1 Dec 1990 (see Gazette 1990, No. 46, p. 1315)	—
	
Magistrates and Coroner’s Courts (Registrar) Act 1991	44, 1991	20 Sept 1991	Ss. 1 and 2:
20 Sept 1991
Remainder:
25 Sept 1991 (see Gazette 1991, No. S103, p. 2)	—	
(Reprinted as at 30 November 1992)	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
Second-hand Dealers and Collectors (Amendment) Act 1995
	16, 1995	30 June 1995	30 June 1995	S. 16	
(a)	The Second-hand Dealers and Collectors Act 1906, in its application in the Territory, comprises the Second-hand Dealers and Collectors Act 1906 as amended by the Magistrates Court Act 1985, as repealed in part by the New South Wales Acts Application Ordinance 1985 and as amended by the New South Wales Acts Act 1986.  The amendments made by the New South Wales Acts Application Ordinance 1985 ceased to have effect by reason of its subsequent disallowance. 
	Subsections 9 (4), 11 (1), 12 (3), 12 (6) and 13 (4) were omitted by the New South Wales Acts Application Ordinance 1985.
	Subsection 8 (8) was inserted by the New South Wales Acts Act 1986.
	Sections 21 and 24 were repealed by the New South Wales Acts Application Ordinance 1985.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Heading to Part I	ad. Act No. 16, 1995
S. 2	am. No. 67, 1985;  Act No. 34, 1990; No. 16, 1995
Part II (ss. 2A-2F)	ad. Act No. 16, 1995
Ss. 2A-2F	ad. Act No. 16, 1995
Heading to Part I	rep. Act No. 16, 1995
Heading to Part III	ad. Act No. 16, 1995
S. 3	am. Act No. 34, 1990; No. 81, 1994
S. 4	rep. Act No. 16, 1995
S. 5	am. Act No. 34, 1990; No. 44, 1991
	rep. No. 16, 1996
Ss. 6, 7	rep. Act No. 16, 1995
S. 8	am. Act. No. 34, 1990; No. 81, 1994
S. 8A	ad. Act  No. 34, 1990
	am. No. 81, 1994
S. 9	rs. Act No. 34, 1990
	am. No. 81, 1994
Heading to Part II	rep. Act No. 16, 1995
Heading to Part IV	ad. Act No. 16, 1995
S. 10	am. Act No. 44, 1991
	rep. No. 16, 1996
S. 11	am. Act No. 34, 1990; No. 81, 1994
S. 12	rs. Act No. 34, 1990
	am. No. 81, 1994
S. 12A	ad. Act No. 34, 1990
	am. No. 81, 1994
S. 13	rs. Act No. 34, 1990
	am. No. 81, 1994
Heading to Part III	  Act No. 51, 1996 (renumbered Part V)
S. 14	am. Act No. 16, 1995
S. 15	rs. Act No. 34, 1990
	am. No. 44, 1991
Ss. 16, 17	rep. Act No. 34, 1990
S. 19	am. Act No. 44, 1991; No. 16, 1995
S. 20	rep. Act No. 34, 1990
Ss. 22, 23	rep. Act No. 34, 1990
First Schedule	am. No. 67, 1985; Act No. 34, 1990; No. 44, 1991; No. 16, 1995
Fifth Schedule	rep. Act No. 16, 1995
Sixth Schedule	am. No. 67, 1985; Act No. 34, 1990; No. 44, 1991; No. 16, 1995