New South Wales Repealed Regulations

This legislation has been repealed.

PAWNBROKERS AND SECOND-HAND DEALERS REGULATION 2003 - REG 12

12 Special provisions relating to keeping of records by certain licensees

(1) A person who held a second-hand dealer's licence under the Second-hand Dealers and Collectors Act 1906 immediately before the repeal of that Act on 30 April 1997 and who has never held a licence issued with a condition requiring the use of electronic means of creation and storage of records, may, when applying for the issue or renewal of a licence (being a licence authorising the person to carry on the business of a second-hand dealer, but not the business of a pawnbroker), apply to have the licence issued or renewed without such a condition.

(2) Despite clause 11A, if a person makes such an application, the Director-General must not impose such a condition if:

(a) the Director-General is satisfied that the person was entitled to make such an application, and

(b) the Director-General is satisfied, after having regard to both of the relevant documents in relation to the person's business, that the gross receipts of the business relating to used goods totalled $150,000 or less in the previous financial year or (if appropriate) the financial year before that.

(3) For this purpose, the relevant documents in relation to the person's business are:

(a) the person's income tax return or audited financial statement for the previous financial year, and

(b) a statutory declaration by the person declaring that the gross receipts of the business relating to used goods totalled $150,000 or less in the previous financial year.

(4) If the Director-General considers it appropriate, the Director-General may accept the following as relevant documents in relation to a person's business:

(a) the person's income tax return or audited financial statement for the year before the previous financial year,

(b) a statutory declaration relating to the gross receipts of the business for the year before the previous financial year.

(5) If the Director-General accepts the person's income tax return or audited financial statement for the year before the previous financial year as the relevant documents for the purposes of this clause, the Director-General may impose a condition on the licence granted or renewed requiring the licensee to forward to the Director-General the licensee's income tax return or financial statement for the previous financial year within 14 days of the licensee receiving or finalising that document.

(6) If at any time after the issue or renewal of a licence that does not contain a condition requiring the use of electronic means of creation and storage of records the Director-General is satisfied that the gross receipts for the licensee's business relating to used goods totalled more than $150,000 in the previous financial year, the Director-General may impose a condition of that kind on the licence.

(7) Any condition imposed under subclause (6) takes effect 90 days after written notice of the condition is given to the licensee.

(8) If, on such evidence as the Director-General may require, the Director-General is satisfied that:

(a) a second-hand dealer's licence under the Second-hand Dealers and Collectors Act 1906 was held by a person for the purposes of a business carried on by a corporation or partnership, and

(b) in the case of a partnership, there has not been any change in the membership of the partnership since the licence was held on its behalf (except for any person ceasing to be a partner or any spouse of an existing partner becoming a partner),

the Director-General may determine that the corporation or each of those partners is to be regarded, for the purposes of this clause, as the holder of the licence. The determination has effect accordingly.

(9) For the purposes of subclause (8), "spouse" includes the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 .

(10) A reference in subclause (1) to a licence issued under the Second-hand Dealers and Collectors Act 1906 includes a reference to a licence issued after 30 April 1997 pursuant to an application that was made but not dealt with before that date.

(11) In this clause:
"used goods" means goods that have been used or that are represented by a vendor of the goods to be goods purchased (otherwise than by the vendor) previously but unused, and includes second-hand goods.