New South Wales Repealed Regulations

This legislation has been repealed.

PAWNBROKERS AND SECOND-HAND DEALERS REGULATION 2003 - REG 5

5 Meaning of "second-hand goods"

(1) For the purposes of the definition of "second-hand goods" in section 3 of the Act, the following classes of goods are prescribed:

(a) items of jewellery (including watches) that include gemstones or precious metals,

(b) gemstones and precious metals,

(c) sporting and recreational goods,

(d) musical instruments (but not including pianos other than electric or electronic pianos),

(e) photographic equipment (including digital cameras and digital imaging equipment),

(f) portable engine-powered, motorised or air-powered tools and equipment,

(g) microwave cookers and other electric or electronic goods (other than refrigerators, washing machines or other "whitegoods"),

(h) computer hardware and interactive game consoles,

(h1) computer software and interactive game software,

(i) compact (laser-read) discs (including compact discs, digital video discs and mini discs), and similar items that are used or designed for use with electric or electronic audio, visual or audio-visual systems,

(j) watercraft and parts of watercraft,

(k) tool kits,

(l) car accessories,

(m) mobile phones,

(n) devices designed to play digital audio files (such as MP3 players and iPods),

(o) global positioning system equipment.

(2) Despite subclause (1), the following classes of goods are not prescribed for the purposes of the definition of "second-hand goods" in section 3 of the Act:

(a) motorised wheelchairs, wheeled lounges, spinal carriages and other similar goods designed to carry a person with a disability,

(b) industrial machinery, or farming machinery, that cannot be driven or is not portable.

(3) The fact that a person, in the course of or as a matter ancillary to the carrying on of a business that does not require a licence under the Act:

(a) sells any goods pursuant to a power conferred by the Uncollected Goods Act 1995 , or

(b) takes goods as a trade-in or sells any goods so taken, or

(c) sells any goods that have become second-hand goods by reason of being used in the course of a rental business conducted by the person,

does not, for the purposes of the Act, constitute carrying on a business of buying or selling second-hand goods.

(4) In this clause:
"interactive game console" means equipment for the playing of a game:

(a) that involves a display on a computer monitor, television screen, liquid crystal display or similar medium, and

(b) where the way in which the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player.

"interactive game software" includes software (whether in a disc or cartridge or otherwise) that comprises a game and that is used or designed for use with an interactive game console.
"trade-in", in relation to goods, means the taking of the goods as part payment for any new or used goods.