To whom it may concern,
I have been attempting to find out if a business can legally sell items bought from a "government agency or public authority", without requiring a Second-hand Dealer's license. The items would be bought from local council run recycling/tip shops. I have contacted Fair Trading NSW four times and have only got one very generic response from them. I am trying to get a response before either starting the business or forgetting about the idea.
From my reading of the legislation I think it would be legal, as long as a business only buys items from public authorities. According to the "Pawnbrokers and Second-hand Dealers Act 1996" section 4(2)(c) the act may be restricted "to the extent provided by the regulations, in relation to such persons and circumstances as the regulations may prescribe."
Now the "Pawnbrokers and Second-hand Dealers Regulation 2015" clause 6(2)(a) states that the Act does not apply to a person who "buys second-hand goods only from a government agency or public authority". What are your thoughts on this? (The council's exemption is just above in clause 6(1).)
My main concern in obtaining a Second Hand Dealers licence relates to "Form 1" as specified in "Pawnbrokers and Second-hand Dealers Regulation 2015". I briefly showed this form to the manager of a council run recycling store and he didn't want to have anything to do with it. Because of this I do not think I would be able to buy any items from recycling/tip shops and thus having a Second-hand Dealers licence would be useless. I think it was the amount of time it would take to fill out this form and the personal information that would need to be disclosed that he did not like.
As mentioned I have not been able to get any decent response from Fair Trading NSW. I first sent one e-mail followed by two letters to the Business Licensing Department of Fair Trading NSW. I received no response to these.
I then sent a letter to my Office of Fair Trading NSW and got a response. It however was very generic and made no mention of the specific clauses of the legislation I mentioned in the letter. It did not say whether what I outlined was legal or illegal. It mentioned looking at the Second-hand Dealers page on the Fair Trading NSW website, but I had already done this months earlier. Is there any way to get a response from Fair Trading NSW, or another government organisation, in relation to this matter?
Thank you
I have been attempting to find out if a business can legally sell items bought from a "government agency or public authority", without requiring a Second-hand Dealer's license. The items would be bought from local council run recycling/tip shops. I have contacted Fair Trading NSW four times and have only got one very generic response from them. I am trying to get a response before either starting the business or forgetting about the idea.
From my reading of the legislation I think it would be legal, as long as a business only buys items from public authorities. According to the "Pawnbrokers and Second-hand Dealers Act 1996" section 4(2)(c) the act may be restricted "to the extent provided by the regulations, in relation to such persons and circumstances as the regulations may prescribe."
Now the "Pawnbrokers and Second-hand Dealers Regulation 2015" clause 6(2)(a) states that the Act does not apply to a person who "buys second-hand goods only from a government agency or public authority". What are your thoughts on this? (The council's exemption is just above in clause 6(1).)
My main concern in obtaining a Second Hand Dealers licence relates to "Form 1" as specified in "Pawnbrokers and Second-hand Dealers Regulation 2015". I briefly showed this form to the manager of a council run recycling store and he didn't want to have anything to do with it. Because of this I do not think I would be able to buy any items from recycling/tip shops and thus having a Second-hand Dealers licence would be useless. I think it was the amount of time it would take to fill out this form and the personal information that would need to be disclosed that he did not like.
As mentioned I have not been able to get any decent response from Fair Trading NSW. I first sent one e-mail followed by two letters to the Business Licensing Department of Fair Trading NSW. I received no response to these.
I then sent a letter to my Office of Fair Trading NSW and got a response. It however was very generic and made no mention of the specific clauses of the legislation I mentioned in the letter. It did not say whether what I outlined was legal or illegal. It mentioned looking at the Second-hand Dealers page on the Fair Trading NSW website, but I had already done this months earlier. Is there any way to get a response from Fair Trading NSW, or another government organisation, in relation to this matter?
Thank you