South Australian Consolidated Regulations South Australian Consolidated Regulations (1) Sections 8 and 9
of the Act apply only in relation to the following kinds of goods:
(a)
goods that a dealer receives under a contract of pawn;
(b)
prescribed goods.
(2) Section 10 of the
Act applies only in relation to prescribed goods.
(3) Section 10(2) of
the Act does not apply in relation to—
(a)
gemstones or precious metals; or
(b)
items of jewellery that include gemstones or precious metals; or
(c)
watches.
(4) Section 10 of the
Act does not apply in relation to second-hand goods that have come into the
possession of a second-hand dealer (the "transferee dealer ) if—
(a) the
goods were acquired from another second-hand dealer (the
"transferor dealer"); and
(b) the
transferor dealer retained the goods in accordance with section 10 or, if the
goods have been successively acquired by a chain of second-hand dealers, the
first in that chain retained the goods in accordance with section 10; and
(c) the
transferee dealer keeps, as a record for the purposes of section 8 of the Act,
a copy of a certificate signed by the second-hand dealer who retained the
goods in accordance with section 10 certifying as to that retention.
(4a) Sections 9 and 10
of the Act do not apply in relation to a written-off vehicle or a motor
vehicle component from a written-off vehicle if the dealer records, for the
purposes of section 8 of the Act, the serial number of a written-off vehicle
notice affixed to the vehicle.
(4b) Sections 6, 7, 8,
9 and 10 of the Act do not apply in relation to the following businesses:
(a) the
business of selling second-hand vehicles carried on by a person licensed as a
dealer, or exempt from the requirement to be licensed as a dealer, under the
Second-hand Vehicle Dealers Act 1995 ;
(b) the
business of repairing prescribed goods for customers;
(c) the
business of acquiring prescribed goods for the purposes of recycling metal and
selling scrap metal obtained from those goods.
(5) For the purposes
of the application of the Act, an ADI or a registered corporation within the
meaning of the Financial Corporations Act 1974 (Cwth) will not be
considered to be a pawnbroker only by reason of receiving goods under a
contract for sale where the seller has a right to buy back the goods.
(5a) Part 2 of the Act
does not apply in relation to the sale of goods by an organisation formed for
religious, educational or other charitable or beneficial community purposes
where all the goods sold have been donated to the organisation and the
proceeds of the sale (after deduction of expenses relating to the sale) go to
the organisation.
(6) Part 4 of the Act
does not apply in relation to—
(a) a
second-hand market conducted by an organisation formed for religious,
educational or other charitable or beneficial community purposes where all the
goods sold have been donated to the organisation and the proceeds of the sale
(after deduction of the expenses of the market) go to the organisation; or
(b) a
second-hand market where no prescribed goods are sold.