S. 3(1) def. of registered second-hand dealer inserted by No. 93/2001 s. 5. registered second-hand dealer means a person registered under Part 2; S. 3(1) def. of Registrar inserted by No. 52/1998 s. 249(1). Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998; S. 3(1) def. of registration inserted by No. 93/2001 s. 5. registration means registration under Part 2 to carry on business as a second-hand dealer; S. 3(1) def. of second-hand dealer amended by No. 44/1997 s. 36(1)(b). second-hand dealer means a person who carries on the business of buying, selling, exchanging or otherwise dealing in goods, whether or not he or she deals in other goods and regardless of where goods are bought; s. 3 second-hand goods means any goods which have been worn or otherwise used; S. 3(1) def. of Secretary inserted by No. 44/1997 s. 36(1)(a), repealed by No. 52/1998 s. 249(2). * * * * * S. 3(1) def. of spouse inserted by No. 27/2001 s. 8(Sch. 6 item 7.1(a)). spouse of a person means a person to whom the person is married;
(i) the body corporate's licence, registration or permission to carry on that occupation, profession or business is suspended; or (ii) the body corporate's licence, registration or permission to carry on that occupation, profession or business has been cancelled at any time in the preceding 5 years; or (iii) the body corporate is disqualified from carrying on that occupation, profession or business or has been so disqualified at any time in the preceding 5 years— and the person was a director of the body corporate at the time of the conduct which resulted in the suspension, cancellation or disqualification; or (c) an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person is an insolvent under administration or an body corporate. S. 7 substituted by No. 44/1997 s. 38. 7 Application for registration s. 7 S. 7(1) amended by No. 52/1998 s. 251(1). (1) An application for registration as a second-hand dealer may be made to the Authority. (2) An application must be— S. 7(2)(a) amended by No. 52/1998 s. 251(1). (a) in writing in or to the effect of the form approved by the Authority and must be verified by statutory declaration; and
Pt 5 Div. 1 (Heading) inserted by No. 93/2001 s. 35. Division 1—General 25 Police powers generally s. 25 S. 25(1) substituted by No. 44/1997 s. 44, amended by No. 37/2014 s. 10(Sch. item 150.2). (1) A police officer may, without warrant, enter business premises or storage premises occupied by or under the control of a second-hand dealer or pawnbroker at any time when the business premises are open and may inspect the premises or any goods at the premises. S. 25(2) amended by No. 37/2014 s. 10(Sch. item 150.2). (2) A police officer may require a second-hand dealer or pawnbroker to produce— (a) any goods in the possession or under the control of the second-hand dealer or pawnbroker; or S. 25(2)(b) amended by No. 93/2001 s. 34. (b) his or her certificate of registration under this Act; or (c) any records kept by the second-hand dealer or pawnbroker pursuant to this Act. S. 25(2A) inserted by No. 82/2008 s. 21(1), amended by No. 37/2014 s. 10(Sch. item 150.2). (2A) Without limiting subsection (2), if a document required to be produced under subsection (2)(c) is or is part of a transaction record kept under section 20 in an electronically readable form, a police officer may require the document to be provided in a readily accessible form— (a) electronically; or (b) in a paper form produced from a computer.
(4) If an occupier consents to the seizure or taking of any thing during a search under this section, the inspector must before seizing or taking the thing ask the occupier to sign an acknowledgment stating— (a) that the occupier has consented to the seizure or taking of the thing; and (b) the date and time that the occupier consented. (5) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the inspector leaves the premises. (6) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or taking of the thing. S. 26K inserted by No. 93/2001 s. 36. 26K Entry without consent or warrant s. 26K S. 26K(1) amended by No. 37/2014 s. 10(Sch. item 150.4). (1) For the purpose of monitoring compliance with this Act or the regulations, an inspector may (with the assistance, if necessary, of another inspector or a police officer) do all or any of the following— (a) enter and search any premises at which an endorsed pawnbroker is carrying on business at any time that the premises are open for business or between the hours of 9 a.m. and 5 p.m.; (b) seize or secure against interference anything that the Director or inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations that is found on or in the premises;
(e) with the written authority of the Director; or (f) with the written authority of the person to whom the information relates. Pt 5 Div. 3 (Heading and ss inserted by No. 93/2001 s. 37. Division 3—Infringement notices S. 26ZA inserted by No. 93/2001 s. 37. 26ZA Definition In this Division, authorised officer means— S. 26ZA(a) amended by No. 21/2012 s. 239(Sch. 6 item 41.6). (a) an inspector under the Australian Consumer Law and Fair Trading Act 2012; S. 26ZA(b) amended by No. 37/2014 s. 10(Sch. item 150.4). (b) a police officer; (c) a person authorised in writing by the Director. S. 26ZB inserted by No. 93/2001 s. 37, amended by No. 32/2006 s. 94(Sch. item 44(1)) (ILA s. 39B(1)). 26ZB Power to serve a notice s. 26ZA (1) An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against section 20, 21(1), 21A, 23(2), 23(3), 23A(3) or 24B or an offence specified by the regulations as an offence in respect of which an infringement notice may be issued. S. 26ZB(2) inserted by No. 32/2006 s. 94(Sch. item 44(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.