Second-hand Dealers and Collectors Regulation 1994

Queensland Second-hand Dealers and Collectors Act 1984 SECOND-HAND DEALERS AND COLLECTORS REGULATION 1994 Reprinted as in force on 1 July 2003 (includes commenced amendments up to 2003 SL No. 143) Reprint No. 5F This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2003 Act No. 73 s 116

Information about this reprint This regulation is reprinted as at 1 July 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland SECOND-HAND DEALERS AND COLLECTORS REGULATION 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Licence must be signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Register of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Display of licensed collector’s name etc. on a vehicle . . . . . . . . . . . . . . . . . 3 8 Size and style of collector’s badge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Register of transactions—collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Register of transactions—dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Goods or articles that are not second-hand goods. . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 5 FEES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 6 GOODS OR ARTICLES THAT ARE NOT SECOND-HAND GOODS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s7 Second-hand Dealers and Collectors Regulation 1994 SECOND-HAND DEALERS AND COLLECTORS REGULATION 1994 [as amended by all amendments that commenced on or before 1 July 2003] 1 Short title This regulation may be cited as the Second-hand Dealers and Collectors Regulation 1994 . 4 Fees The fees payable under the Act are set out in schedule 1. 5 Licence must be signed Immediately after a person receives a licence issued to him or her, the person must sign the licence, in ink, in the space provided. Maximum penalty—8 penalty units. 6 Register of licences (1) The chief executive must keep a register containing the current details of each licence issued. (2) A person may inspect the register on payment of the relevant fee set out in schedule 1. 7 Display of licensed collector’s name etc. on a vehicle For the purpose of section 31 of the Act, 1 the letters used to display a licensed collector’s name, the words ‘licensed collector’ and the licence number on a vehicle must be at least 50 mm high and written legibly. 1 Section 31 (Collector to display name, occupation and licence number) of the Act

s 8 4 s 11 Second-hand Dealers and Collectors Regulation 1994 8 Size and style of collector’s badge A badge issued under section 32 of the Act 2 must be— (a) silver with black writing; and (b) circular in shape with a diameter of at least 40 mm. 9 Register of transactions—collector For the purpose of section 34(2) of the Act, 3 the following particulars are the prescribed particulars, relating to the collection or sale of second-hand goods, to be entered in a register of transactions— (a) the time and day of the collection or sale; (b) a description of the goods; (c) the name and address of the person from whom the goods were collected or to whom the goods were sold. 10 Register of transactions—dealer For the purpose of section 44(2) of the Act, 4 the following particulars are the prescribed particulars, relating to the acquisition, sale or disposal of second-hand goods, to be entered in a register of transactions— (a) the time and day of the acquisition, sale or disposal; (b) a description of the goods; (c) the name and address of the person from whom the goods were acquired or to whom the goods were sold or disposed of. 11 Goods or articles that are not second-hand goods The goods or articles mentioned in schedule 2 are not second-hand goods 5 under the Act. 2 Section 32 (Collector’s badge) of the Act 3 Section 34 (Collector to keep register) of the Act 4 Section 44 (Dealer to keep register) of the Act 5 See section 6 of the Act for the definition of “second-hand goods”.

5 Second-hand Dealers and Collectors Regulation 1994 SCHEDULE 1 FEES sections 4 and 6 $ 1. Application for— (a) a dealer’s licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479.00 (b) a collector’s licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.30 2. Application for renewal of— (a) a dealer’s licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244.00 (b) a collector’s licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.30 3. Application to— (a) replace the premises or location endorsed on a licence; or (b) add another location to the location or locations endorsed on a licence. . . . . . . . . . . . . . . . . . . . . . . . . . 29.30 4. Application for a replacement licence . . . . . . . . . . . . . . . . . 27.10 5. Application for a replacement collector’s badge . . . . . . . . . 3.40 6. Inspection of the register of licences . . . . . . . . . . . . . . . . . . 29.30

6 Second-hand Dealers and Collectors Regulation 1994 SCHEDULE 2 GOODS OR ARTICLES THAT ARE NOT SECOND-HAND GOODS section 11 1. Collectors cards. Example — Baseball and football cards . 2. Used tyres (other than used tyres excluded 6 by the Act from being second-hand goods). 3. Used video cassettes. 6 See section 6 of the Act (paragraph (e) of the definition of “second-hand goods”).

7 Second-hand Dealers and Collectors Regulation 1994 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2003. Future amendments of the Second-hand Dealers and Collectors Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

8 Second-hand Dealers and Collectors Regulation 1994 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Reprint No. 1 2 3 4 4A 4B 4C 4D 5 5A 5B 5C Amendments included none to 1994 SL No. 251 to 1995 SL No. 68 to 1995 SL No. 160 to 1996 SL No. 153 to 1996 SL No. 399 to 1997 SL No. 173 to 1998 SL No. 41 to 1998 SL No. 41 to 1998 SL No. 253 to 2000 SL No. 161 to 2001 SL No. 293 Effective 28 February 1994 1 July 1994 31 March 1995 1 July 1995 1 July 1996 20 December 1996 1 July 1997 20 March 1998 20 March 1998 5 October 1998 1 July 2000 7 January 2002 5D to 2002 SL No. 167 5E to 2002 SL No. 311 5F to 2003 SL No. 143 1 July 2002 1 January 2003 1 July 2003 Reprint date 15 February 1994 30 August 1994 12 May 1995 2 August 1995 9 August 1996 22 January 1997 11 July 1997 23 March 1998 23 June 1998 16 October 1998 21 July 2000 18 January 2002 (Column discontinued) Notes 5 List of legislation Second-hand Dealers and Collectors Regulation 1994 SL No. 35 made by the Governor in Council on 10 February 1994 notfd gaz 11 February 1994 pp 436–9 ss 1–2 commenced on date of notification remaining provisions commenced 28 February 1994 (see s 2) exp 1 September 2004 (see SIA s 54) amending legislation— Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1994 SL No. 251 ss 1–3 sch notfd gaz 1 July 1994 pp 1170–7 commenced on date of notification (see s 2(1)) Second-hand Dealers and Collectors Amendment Regulation (No. 1) 1995 SL No. 68 notfd gaz 31 March 1995 pp 1462–5 commenced on date of notification

9 Second-hand Dealers and Collectors Regulation 1994 Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1995 SL No. 160 ss 1–3 sch notfd gaz 9 June 1995 pp 1165–71 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1995 (see s 2(1)) Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1996 SL No. 153 ss 1, 2(1), 3 sch notfd gaz 28 June 1996 pp 1164–70 ss 1–2(1) commenced on date of notification remaining provisions commenced 1 July 1996 (see s 2(1)) Consumer Law and Other Justice Legislation Amendment Regulation (No. 1) 1996 SL No. 399 pts 1, 10 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Consumer Affairs (Fees and Charges) Amendment Regulation (No. 1) 1997 SL No. 173 ss 1–2(1), 3 sch notfd gaz 27 June 1997 pp 1004–1010 ss 1–2(1) commenced on date of notification remaining provisions commenced 1 July 1997 (see s 2(1)) Second-hand Dealers and Collectors Amendment Regulation (No. 1) 1998 SL No. 41 notfd gaz 20 March 1998 pp 1219–20 commenced on date of notification Equity and Fair Trading (Fees and Charges) Amendment Regulation (No. 1) 1998 SL No. 253 s 3 sch notfd gaz 11 September 1998 pp 145–7 ss 1–2 commenced on date of assent remaining provisions commenced 5 October 1998 (see s 2) Equity and Fair Trading Legislation Amendment Regulation (No. 1) 2000 SL No. 161 ss 1–2(1), 3 sch notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2(1)) Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2001 SL No. 210 ss 1–3 sch notfd gaz 16 November 2001 pp 982–5 ss 1–2 commenced on date of notification remaining provisions commenced 3 December 2001 (see s 2) (amdt could not be given effect) Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 3) 2001 SL No. 293 ss 1–2, pt 2 notfd gaz 21 December 2001 pp 1482–8 ss 1–2 commenced on date of notification remaining provisions commenced 7 January 2002 (see s 2)

10 Second-hand Dealers and Collectors Regulation 1994 Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2002 SL No. 167 ss 1, 2(1), 3 sch 1 notfd gaz 28 June 2002 pp 876–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2(1)) Fair Trading (Fees) Amendment Regulation (No. 1) 2002 SL No. 311 pts 1, 6 notfd gaz 22 November 2002 pp 1018–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2003 (see s 2) Note— A regulatory impact statement and explanatory note were prepared Tourism, Racing and Fair Trading (Fees) Amendment Regulation (No. 1) 2003 SL No. 143 ss 1–3 sch notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) 6 List of annotations Commencement s 2 om R4 (see RA s 37) Forms s 3 om 1996 SL No. 399 s 42 Fees s 4 amd 1995 SL No. 68 s 3 Goods or articles that are not second-hand goods s 11 prev s 11 om R1 (see RA s 40) pres s 11 ins 1995 SL No. 68 s 4 SCHEDULE 1—FEES sch hdg amd 1995 SL No. 68 s 5 sch 1 sub 1994 SL No. 251 s 3 sch; 1995 SL No. 160 s 3 sch; 1996 SL No. 153 s 3 sch; 1997 SL No. 173 s 3 sch; 1998 SL No. 253 s 3 sch; 2000 SL No. 161 s 3 sch; 2001 SL No. 210 s 3 sch (amdt could not be given effect); 2001 SL No. 293 s 4; 2002 SL No. 167 s 3 sch 1 amd 2002 SL No. 311 s 15; 2003 SL No. 143 s 3 sch SCHEDULE 2—GOODS OR ARTICLES THAT ARE NOT SECOND-HAND GOODS ins 1995 SL No. 68 s 6 amd 1998 SL No. 41 s 3 © State of Queensland 2004