NSW No Second-hand Dealer's Licence Required to Buy from Public Authorities?

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Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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There's no hard and fast rule. That simply encourages people to do that number -1. Instead, the law in this instance is saying: If you're carrying on a business, you need to be licensed. If we think you are carrying on a business and you're not licensed, we may take you to court in an effort to prove that you are (the government has the onus of proof). However, if you're holding garage sales on more than 6 days a year then we can simply allege you're carrying on a business and it is up to you to prove in court that you're not (the person has the onus of proof).
 

Clancy

Well-Known Member
6 April 2016
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There's no hard and fast rule. That simply encourages people to do that number -1. Instead, the law in this instance is saying: If you're carrying on a business, you need to be licensed. If we think you are carrying on a business and you're not licensed, we may take you to court in an effort to prove that you are (the government has the onus of proof). However, if you're holding garage sales on more than 6 days a year then we can simply allege you're carrying on a business and it is up to you to prove in court that you're not (the person has the onus of proof).

well if the limit is 6 garage sales, then carry on the 'business' but stay under that limit, problem solved!

I do not think the OP really wants to make a career out of this, its just a little something on the side, so the idea is to maximize the most he can be allowed to do under law without taking on too much commitment with licensing etc etc that he is not ready for yet.