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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-06-17 Daily Xml
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SECOND-HAND GOODS BILL

Introduction and First Reading

The Hon. M.J. WRIGHT (Lee—Minister for Police, Minister for Emergency Services, Minister for Recreation, Sport and Racing) (12:03): Obtained leave and introduced a bill for an act to regulate second-hand dealers, pawnbrokers, auctioneers of second-hand goods and second-hand markets; to repeal the Second-Hand Dealers and Pawnbrokers Act 1996; and for other purposes. Read a first time.

Second Reading

The Hon. M.J. WRIGHT (Lee—Minister for Police, Minister for Emergency Services, Minister for Recreation, Sport and Racing) (12:04): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The purpose of the Second-hand Goods Bill 2009 is the prevention of property related crime through improved regulation of the second-hand dealer and pawnbroker industries. This is achieved by the establishment of a new licensing and regulatory regime, together with enhanced record keeping requirements and electronic transfer of transaction information to police.

A secondary objective is the introduction of legislative controls to address the current market imbalance which exists between pawnbroker service providers and consumers. The Bill will address this imbalance by requiring pawnbrokers to provide consumers with accurate information to enable the public to make informed choices when seeking these services.

The licensing regime will be administered by the Office for Consumer and Business Affairs and is targeted for businesses dealing in 'high risk of theft' second-hand goods. License holders (including second-hand markets and auction houses offering prescribed goods for sale) will be required to transfer records electronically via the Internet to a transaction management system administered by police.

The dual enforcement model I've outlined will enable officers from both agencies to enforce the legislation with the Office for Consumer and Business Affairs responsible for licensing and enforcement and police responsible for administration and compliance of the web-based transaction management system and resultant matching and investigation of stolen property.

Background

Research throughout Australia, USA and Canada has identified property criminals frequently exchange stolen property for money, using second-hand dealers and pawnbrokers. In order to reduce the number of crimes, police in these jurisdictions have or are taking steps to electronically monitor property processed by dealers in order to identify offenders and recover stolen property.

Over the last decade, several Australian and overseas jurisdictions have enacted legislation requiring dealers to be licensed as well as providing details of their transactions electronically to police. Governments are also equipping police with the technology to be able to automatically search dealer's property against police databases. Australian jurisdictions who have adopted this technology include New South Wales, Western Australia and Queensland.

Interstate and overseas experience suggests a positive licensing system, together with the introduction of a compulsory on-line transaction system to record goods bought by second-hand dealers, reduces the opportunity for stolen property to be converted into cash and significantly reduces theft and associated offences.

Current Environment

South Australia Police advise a data base enabling the electronic recording of dealer transactions has been in use in this State since the mid 1990's. Police estimate 5—10% of dealer transaction records is currently received and activities monitored for stolen property or persons of interest. Previous reviews have concluded the system is resource intensive and if not replaced, will cease to function in any productive form.

In response to these issues, on 3 June 2007, the Government announced $2.1M had been allocated from the State Budget to introduce a compulsory online transaction reporting system for second-hand dealers and pawnbrokers to combat the stolen property market.

Currently, the laws relating to second-hand dealing and pawnbroking are contained in the Second-hand Dealers and Pawnbrokers Act, 1996 and regulations which have been in place since 1998. The Act provides for a dealer to operate a second-hand business simply by registering their intent in writing with the Commissioner of Police.

Since the Act's introduction, there has been continued community concern over second-hand dealers and pawnbrokers and their possible role in the receipt, distribution and disposal of stolen goods. In particular, the current Act does not regulate the purchase of semi-precious metals by scrap metal dealers and anecdotal evidence within the industry suggests that less scrupulous operators have taken advantage of this environment.

Features of the Bill

The proposal of this Bill is to repeal the Second-hand Dealers and Pawnbrokers Act 1996 and replace it with legislation targeted to prevent and remedy current and possible future issues associated with the second-hand and pawnbroker industries.

At risk goods will be prescribed by way of regulation and will be similar to current regulations in so far as they will include commonly stolen items such as jewellery, electronic goods, power tools etc. Licences will only be required by those second-hand dealers who deal in prescribed goods. All pawnbrokers will be licensed.

The Bill also makes reference to the term 'approved persons' which refers to persons who are approved to conduct or supervise outright buys of prescribed goods and in the case of pawnbrokers, all pawns. An approved person must undergo probity checking to ensure he or she is fit and proper to carry-out this role.

The Bill will retain a number of features contained in the current legislation including:

The requirement to record details of a person from whom prescribed second-hand goods are bought or received, and all pawned goods;

The requirement to record an accurate description of the goods including serial numbers and any identifying features;

A retention period for those goods acquired by a second-hand dealer;

Labelling of goods with a unique identifying code;

The power for Police to enter business premises to inspect and examine goods and records;

The ability for Police to place 'holds' on goods suspected of being stolen;

A requirement for a second-hand dealer to advise Police of any goods acquired which he or she suspects are stolen;

Second-hand dealers and pawnbrokers are not to acquire goods from a child (a person under the age of 16 years);

Operators of second-hand markets are required to keep certain records of people selling goods at their market;

Prescribed goods categories will be similar to the current Regulations;

Charities, school fetes and the like will be excluded from the provisions of the Act.

The Bill will further strengthen current provisions by requiring licensed dealers to comply with a number of features not contained in the present legislation including:

Businesses which acquire prescribed second-hand goods for the purpose of resale (and all pawnbrokers) will be required to be licensed.

In deciding whether or not to grant a licence or approval the Commissioner for Consumer Affairs will take into account whether the applicant is a fit and proper person to hold a licence or approval;

When acquiring any prescribed goods, a licensee or approved person will be required to be present on the premises to conduct or supervise the transaction.

Documents verifying a seller's identity will have to be produced meeting a regime similar to a '100 point system'. The scheme will not be as stringent as required in the banking environment and will use recognised and easily produced documents outlined in regulations.

When buying or receiving prescribed goods, details of the transaction including the person's identity details and description of the goods must be electronically transferred to police in a manner and timeframe prescribed by regulations.

Goods received by a licensed second-hand dealer are required to be retained and not offered for sale for a period of 14 days from the date of transferring the transaction details to police.

Employee records are required to be kept and produced upon request to an authorised officer.

The Commissioner of Police may prohibit the employment of a person in a licensed business if the person is found guilty of an offence or offences as prescribed by regulations.

Police have the ability to apply to the Magistrates Court for a barring order for a person identified as being a prolific property crime offender.

The Bill also contains a number of consumer protection mechanisms specific to pawn transactions and the redemption of pawned goods including:

The issuing of 'pawn tickets' to persons pawning property outlining interest rates, fees and charges and the rights and obligations of both parties;

Provisions applicable to the redemption of the pawned goods, extending the redemption period and the sale of unredeemed goods, and

Provisions applicable to 'surplus' funds following the sale of unredeemed goods.

Licensing

As the licensing authority, the Office of Consumer and Business Affairs will have administrative responsibility for the processing of licence and approval applications as well as issuing, disqualifying and suspending of licences and approvals. Additional authority regarding disciplinary proceedings will be vested in the Administrative and Disciplinary Division of the District Court.

Electronic transmission of records

The requirement to electronically transfer transaction information is seen as an important tool to combat and restrict offenders disposing of stolen goods. Allowance will be made for the phasing in of on-line transfer of transaction information for use by police in the cross-matching of vendors, traded goods and recorded stolen goods.

Barring Orders

Research together with police observations has identified a nexus between property crime offenders and the second-hand industry. Anecdotal evidence suggests that a small number of offenders are responsible for selling or pawning a disproportionate amount of stolen or unlawfully obtained property such as DVDs and small electrical appliances, often in new or near new condition.

In order to address this issue, the Bill provides the Commissioner of Police in circumstances where a person is charged with, or found guilty of a property related offence, to make application to the Court to bar a person from disposing of goods via a second-hand dealer, pawnbroker, auctioneer or second-hand market.

Consumer protection

As indicated in my introduction, a further objective of this legislation is to redress the current imbalance of information provided by pawnbrokers to consumers. This initiative will enable users to make more informed choices when seeking these services and as well as bringing greater consistency and transparency to the pawnbroker industry which the Government believe, is warranted in the current economic climate.

Scrap Metal Dealers

Semi-precious metal theft continues to be a significant community problem predominantly occurring in and around residential properties and businesses where copper in the form of piping and cabling is targeted by offenders. The Bill will address the issue of regulation of the scrap metal industry by way of regulation with the inclusion of copper, aluminium and brass as 'prescribed goods'. This will bring scrap metal dealers and recyclers under the second-hand dealer licensing and regulatory regime.

Regulations however, will exempt licensed scrap metal dealers and recyclers from the requirement to tag, retain and quarantine prescribed semi-precious metals. Furthermore, semi-precious metals derived by dealers directly from manufacturing or commercial transactions are not intended to be captured by the legislation and will be exempted under Regulation.

Market Operators and Auctioneers

The Bill also acknowledges the level of risk in the trade of stolen goods associated with second-hand markets and auction houses is significantly less than second-hand dealers and pawnbrokers. As a consequence, the legislation will not subject market operators and auctioneers to the same stringent requirements. Instead, second-hand markets and auctioneers will be required to ensure an approved person is present during business hours to supervise and comply with legislative requirements.

Conclusion

The Bill, in large, builds upon existing provisions as well as addressing current community concerns and expectations by equipping police with the necessary legislation and technology to assist in the prevention and detection of property related crime. It represents, in the view of the Government, a sensible balance between the needs of those who conduct business and the needs of the law enforcement to have an increased ability to deal with the trade in stolen goods.

I commend this Bill to honourable members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines terms and concepts used in this Bill.

4—Application of Act

This clause ensures that people will not require 2 statutory licences in respect of any activity by providing that nothing in this measure applies in relation to an activity undertaken in accordance with a licence issued under another Act. The regulations may also modify or exclude the application of this measure in relation to persons, goods or transactions of a specified class.

In addition to the above, the Minister may, by notice in writing, exempt a person from the application of this measure.

5—Non-derogation

This clause provides that the provisions of this measure are in addition to, and do not derogate from, the provisions of any other Act, nor do they limit, or derogate from, any civil remedy at law or in equity.

6—Commissioner to be responsible for administration of Act

The Commissioner for Consumer Affairs is responsible for the administration of this measure. In so doing, the Commissioner is subject to the control and directions of the Minister.

7—Criminal intelligence

This clause provides for how information that has been classified as criminal intelligence by the Commissioner of Police may be used or disclosed etc in respect of the measure.

Part 2—Licences and approvals

8—Requirement to be licensed

This clause provides that a person cannot act as, or advertise or otherwise hold himself or herself out as, a second-hand dealer or pawnbroker unless licensed under proposed Part 2. The maximum penalty for a contravention of proposed subsection (1) is a fine of $20,000.

Proposed subsection (2) provides that certain specified second-hand dealers are exempt from this requirement.

9—Requirement to be approved

This clause makes it an offence for a person to act as, or advertise or otherwise hold himself or herself out as, an approved person unless approved under proposed Part 2. The maximum penalty for a contravention of the proposed section is a fine of $20,000.

10—Application for licence or approval

This clause sets out procedural matters in respect of how a licence or approval can be obtained.

11—Applications to be furnished to Commissioner of Police

This clause provides that an application for a licence or approval must be communicated to the Commissioner of Police, who in turn must provide the Commissioner with certain information relevant to the application.

The clause also provides that the Commissioner of Police may object to an application by notice in writing provided to the Commissioner within the prescribed period, and sets out associated procedural matters.

12—Entitlement to be licensed or approved

This clause provides that a natural person who satisfies the eligibility requirements set out in proposed subsection (1) is entitled to be licensed or approved. Proposed subsection (2) makes similar provision in respect of the right of bodies corporate to be licensed.

13—Factors to be taken into account in deciding whether to grant licence or approval

This clause sets out factors the Commissioner must take into account in deciding when assessing an application for a license or approval. These include the reputation, honesty and integrity of the applicant, or people associated with the applicant. The Commissioner must also take into consideration the grounds for any objection made by the Commissioner of Police in respect of the application.

An application for a licence or approval can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest

14—Conditions

This clause provides that the grant of a licence or approval may be conditional or unconditional, and that the holder of a licence or approval must not contravene, or fail to comply with, a condition of the licence or approval. The maximum penalty for a contravention of proposed subsection (2) is a fine of $20,000.

15—Appeals

An applicant for a licence or approval, or a licensee or approved person, may appeal to the Administrative and Disciplinary Division of the District Court against certain decisions of the Commissioner, and the provision sets out related procedural matters.

16—Power of Commissioner to require photograph and information

This clause provides the Commissioner may require photographs and other information from a licensee or an approved person.

17—Identification to be carried

This clause provides that the Commissioner must issue each licensee who is a natural person and each approved person with an identity card in a form approved by the Commissioner. The person must carry the identity card when performing functions as a licensee or approved person, and produce it if requested to do so by an authorised officer or a person with whom the licensee or approved person has dealings as a licensee or approved person. The maximum penalty for a contravention of proposed subsection (2) is a fine of $1,250.

18—Duration of licence or approval

A licence or approval remains in force until it is surrendered or cancelled, or the licensee dies or (if the licensee is a body corporate) is dissolved.

The clause also sets out procedural matters in relation to the payment of fees and the lodging of returns. A failure to do either may result in the Commissioner requiring the licensee or approved person to make good the default, and, if that does not happen in accordance with the proposed section, the relevant licence or approval is cancelled.

19—Change of particulars relating to licence or approval

This clause requires a licensee or approved person to notify the Commissioner in writing of any changes to information that was required by the Commissioner in determining the person's application for a licence or approval. The Commissioner must pass a copy of any such notice on to the Commissioner of Police.

20—Commissioner may require surrender of licence or approval etc

This clause provides that (if a person's licence or approval is suspended or cancelled) the Commissioner may require a licensee or approved person to surrender their licence or approval and any identity card issued to the person under this measure. The maximum penalty for a contravention of proposed subsection (1) is a fine of $1,250.

Part 3—Regulation of licensees

Division 1—Provisions applicable to licensees generally

21—Prescribed transactions involving second-hand goods

This clause requires a licensee to ensure that each prescribed transaction that occurs in the course of, or for the purposes of, the licensee's business is conducted or supervised by the licensee or an approved person. The maximum penalty for a contravention of proposed subsection (1) is a fine of $20,000.

The clause also requires the licensee to make and keep certain records. The maximum penalty for a contravention of proposed subsection (2) is a fine of $5,000.

The licensee must transfer to the Commissioner of Police, in accordance with any requirements that may be set out in the regulations, prescribed particulars of such records. The maximum penalty for a contravention of proposed subsection (3) is a fine of $20,000.

The regulations may also require the transfer of the prescribed particulars to be done electronically.

22—Labelling of prescribed goods

This clause requires a licensee to ensure that any prescribed goods that he or she takes possession of in the course of, or for the purposes of, his or her business are marked or labelled in accordance with the regulations. The maximum penalty for a contravention of proposed subsection (1) is a fine of $20,000.

23—Retention of prescribed goods before sale

This clause provides that a licensee must not alter the form, or part with possession, of certain prescribed goods until at least 14 days after the day on which the licensee transferred the prescribed particulars of the record relating to the goods to the Commissioner of Police.

The clause also provides that the licensee must keep the goods at the premises at which the goods were received, or premises notified to the Commissioner for the purposes of the proposed section, and must ensure that the goods are not moved to any other place.

The maximum penalty for a contravention of proposed subsection (1) is a fine of $2,500, and the clause also provides that the section does apply to goods in the circumstances listed in proposed subsection (2).

24—Staffing records

This clause requires a licensee to make and retain certain records in relation to the persons working in, or for the purposes of, the licensee's business. The maximum penalty for a contravention of proposed subsection (1) is a fine of $2,500.

25—Power of Commissioner of Police to prohibit employee or agent from working for licensee

This clause provides that the Commissioner of Police may prohibit the person from working as an employee or agent of a licensee. A prohibition is effected by notice in writing, and may only be done if the person has been convicted of an offence of a kind specified by the regulations. A prohibition may be permanent, or for a specified time. This clause also sets out procedural matters related to making a prohibition, and provides for a right of appeal for a person the subject of a prohibition.

Division 2—Additional provisions applicable to pawnbrokers

26—Preliminary

This clause defines terms used in the proposed Division.

27—Information to be provided to person pawning goods

This clause requires a pawnbroker to give (at no charge) to a person who pawns goods a pawn ticket. A pawn ticket includes a signed copy of the pawn agreement, required to set out matters relevant to the pawn such as interest rates and fees applicable, the rights and obligations under the pawn agreement and any other information that the regulations require be included. The maximum penalty for a contravention of the proposed section is a fine of $5,000, and the pawn agreement is invalid in the event that the section is not complied with.

28—Replacement of pawn ticket

This clause requires a pawnbroker, at the request of an entitled person (a term defined in proposed section 26), to replace (at no charge) a pawn ticket that has been lost, stolen or destroyed. The person requesting the replacement ticket must verify his or her identity in accordance with the regulations. The maximum penalty for a contravention of the proposed section by a pawnbroker is a fine of $2,500.

29—Redemption

This clause sets out how a person may be redeemed by an entitled person.

The clause also sets out a number of things that the pawnbroker cannot do in relation to the pawned goods during the redemption period, with penalties of up to a $5,000 fine if the pawnbroker contravenes those requirements.

30—Extension of redemption period

This clause provides that pawnbroker and an entitled person may extend a redemption period. The regulations will set out requirements regarding such an extension, while the proposed section sets out procedural provisions in relation to an extension. The maximum penalty for a failure to comply with the proposed section is a fine of $5,000.

31—Sale of pawned goods at end of redemption period

This clause provides that a pawnbroker must sell pawned goods, where the pawned goods have not been redeemed by the end of a redemption period. The goods must be sold in a manner that is conducive to getting the best price reasonably obtainable. The clause sets out further procedural requirements in relation to such sales, and requires that any surplus proceeds arising from the sale be paid, on request made by an entitled person before the end of the prescribed period, to the entitled person. The maximum penalty for a contravention of the proposed subsections is a fine of $2,500.

32—Fees and charges in respect of sale of pawned goods

This clause sets out the fees and charges that may be deducted from the proceeds of a sale of pawned goods.

33—Pawnbroker not to purchase pawned goods

This clause prevents a pawnbroker, or a person acting on his or her behalf, from buying goods that have been pawned to and are being sold by, or on behalf of, the pawnbroker. The clause provides similar restrictions in the case of pawnbrokers that are partnerships or bodies corporate, extending the prohibition to partners, the body corporate and officers or directors of the body corporate.

Any sale in contravention of the section is void and of no effect, and contravention of the section carries a maximum penalty of $2,500.

Part 4—Regulation of auctioneers

34—Consignment of prescribed goods for auction to be supervised

This clause creates 2 offences relating to the consignment of prescribed goods for auction. Firstly an auctioneer must ensure that the consignment is conducted or supervised by an approved person. The penalty for contravention of this provision is a maximum fine of $20,000. Secondly, an approved person must ensure that the identity of the consigner of the goods is verified in accordance with the regulations. The penalty for contravention of this provision is a maximum fine of $2,500 or an expiation fee of $210.

35—Records relating to prescribed goods consigned for auction

This clause requires an auctioneer to keep records relating to the consignment of prescribed goods (with a maximum penalty of $5,000 or an expiation fee of $315) and to transmit prescribed particulars to the Commissioner of Police (with a maximum penalty of $10,000).

Part 5—Regulation of markets

36—Market to be supervised

Under this clause, a market operator is required to ensure that a second-hand market is supervised by an approved person. The penalty for failure to comply is a maximum fine of $20,000. The provision does not apply if the operator establishes that he or she has taken reasonable measures to ensure that prescribed goods are not sold at the second-hand market.

37—Sale of prescribed goods at market

A person must not sell prescribed goods at a second-hand market without the permission of the approved person supervising the market and the approved person must ensure that the identity of the seller is verified in accordance with the regulations. The maximum penalty for each offence is $2,500 or an expiation fee of $210.

38—Records relating to prescribed goods sold at market

A market operator is required to keep records relating to the sale of prescribed goods (with a maximum penalty of $5,000 or an expiation fee of $315) and to transmit prescribed particulars to the Commissioner of Police (with a maximum penalty of $10,000).

Part 6—Special powers to suspend or cancel licence or approval

39—Suspension or cancellation of licence or approval—prescribed offences

This clause allows the Commissioner to cancel or suspend a person's licence or approval if the person is charged with or found guilty of an offence of a kind to be prescribed by regulation.

40—Suspension of licence or approval in urgent circumstances

This clause provides the Commissioner with a special power to suspend a licence or approval (for up to 6 months) if there are reasonable grounds to believe that a licensee or approved person has engaged, or is engaging, in conduct that constitutes grounds for disciplinary action, that the conduct is likely to continue and there is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of the conduct unless action is taken urgently.

Part 7—Discipline

41—Interpretation

This clause defines certain terms used in the Part.

42—Cause for disciplinary action

This clause defines when proper cause exists for disciplinary action.

43—Complaints

This clause provides for the lodging of a complaint with the Court in relation to a disciplinary matter.

44—Hearing by Court

This clause provides for the hearing by the Court of a disciplinary matter.

45—Procedure on hearing of complaint

The Court is not bound by the rules of evidence but may inform itself as it thinks fit and must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. The clause also provides that, in determining whether there is proper cause for disciplinary action, regard may be had to evidence of the conduct of persons with whom the licensee or approved person associates or has associated as the Court considers relevant.

46—Disciplinary action

This clause sets out the Court's powers on finding that proper cause exists for disciplinary action.

47—Contravention of orders

If a person contravenes an order of the Court, the person is guilty of an offence. If a person is employed or engaged in the business of a licensee or becomes a director of a body corporate that is a licensee in contravention of an order of the Court, that person and the licensee are each guilty of an offence. Both offences are punishable by a maximum fine of $35,000 or 6 months imprisonment.

48—Joinder of Commissioner and Commissioner of Police as parties

The Commissioner and the Commissioner of Police are each entitled to be joined as a party to any proceedings of the Court under this Act.

Part 8—Enforcement

49—Exercise of powers under Fair Trading Act 1987

The powers of authorised officers under sections 77 and 78 of the Fair Trading Act 1987 may be exercised by police officers for the enforcement of this Act.

50—Powers of entry and inspection

This clause sets out other specific powers of entry and inspection.

Part 9—Barring orders

51—Interpretation

This clause defines certain terms used in this Part.

52—Barring orders

This clause allows a police officer to apply to the Magistrates Court for an order (a barring order) barring a person who has been charged with, or found guilty of a barring offence from disposing of second-hand goods to, or through the agency of, a second-hand dealer, pawnbroker or auctioneer or at a second-hand market.

53—Issue of barring order in absence of respondent

This clause provides a procedure for the issue of a barring order in the absence of the respondent.

54—Service

This clause makes provision in relation to service of a barring order and in particular provides that a barring order must be served on the respondent personally and is not binding until it has been so served.

55—Variation or revocation of barring order

The Court may vary or revoke a barring order.

56—Burden of proof

The civil burden of proof is applicable to proceedings under this Part (other than proceedings for an offence).

Part 10—Miscellaneous

57—Where goods suspected of being stolen

This clause is similar to the current section 11 of the Second-hand Dealers and Pawnbrokers Act 1996 and imposes various obligations on dealers and pawnbrokers where goods are suspected of being stolen. In particular, the clause provides for the issue of notices by the Commissioner of Police in relation to suspected stolen goods, for the making of claims by members of the public in relation to suspected stolen goods, and for notification by dealers etc to the Commissioner of Police in relation to suspected stolen goods.

58—Offence to deal with child or intoxicated person

This clause prohibits certain dealings with children or intoxicated persons (the maximum penalty being a fine of $2,500 or an expiation fee of $210).

59—No contracting out

An agreement or arrangement that is inconsistent with a provision of the measure or purports to exclude, modify or restrict the operation of the measure is to that extent void and of no effect.

60—False or misleading information

This clause creates an offence relating to the provision of false or misleading information. The maximum penalty is $10,000 if the person made the statement knowing that it was false or misleading or $2,500 in any other case.

61—Statutory declaration

The Commissioner or the Commissioner of Police may require information to be verified by statutory declaration.

62—Investigations

The Commissioner may request the Commissioner of Police to investigate and report in relation to certain matters.

63—Register of licensees and approved persons

This clause provides for the keeping of a public register in relation to licensees and approved persons.

64—General defence

It is a defence to a charge of an offence if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.

65—Liability for act or default of officer, employee or agent

An act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the person acted outside the scope of his or her actual, usual and ostensible authority.

66—Offences by directors of bodies corporate

If a body corporate is guilty of an offence against this Act each director is guilty of an offence unless it is proved that the director could not, by the exercise of reasonable diligence, have prevented the commission of the offence by the body corporate.

67—Service of documents

This clause provides for the service of documents under the measure.

68—Prosecutions

This clause makes provision in relation to the commencement of prosecutions under the measure.

69—Evidentiary provision

This clause provides for certain certificates and evidentiary presumptions for the purposes of the measure

70—Annual report

This clause provides for annual reports by the Commissioner.

71—Regulations

This clause is a regulation making power.

Schedule 1—Repeal and transitional provisions

Part 1—Repeal

1—Repeal

This clause repeals the Second-hand Dealers and Pawnbrokers Act 1996.

Part 2—Transitional provisions

2—Act applies to transactions occurring after commencement

The measure is to apply to transactions occurring after commencement of the measure.

3—Regulations

This clause provides for the making of savings and transitional regulations, including, for example, regulations which allow the new provisions to be phased in.

Debate adjourned on motion of Mr Venning.

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