South Australian Consolidated Regulations

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SECOND-HAND DEALERS AND PAWNBROKERS REGULATIONS 1998 - REG 4A

4A—Modification of Act in relation to abandoned goods

        (1)         The application of the Act is modified in relation to abandoned goods removed by a second-hand dealer at the request or with the authorisation of a council or an agency of the Crown in the course of or for the purposes of the dealer's business so that—

            (a)         the records required to be kept under section 8 of the Act in relation to the goods—

                  (i)         need not contain the information set out in section 8(4) of the Act; but

                  (ii)         must contain—

                        (A)         the name and address of the council or the agency of the Crown at whose request or with whose authorisation the goods were removed; and

                        (B)         a description of the goods; and

                        (C)         a description identifying the place from which the goods were removed; and

                        (D)         the date on which the goods were removed; and

            (b)         on the sale of the goods by the dealer, the dealer must—

                  (i)         record, for the purposes of section 8 of the Act, the name and residential address or business name and business address of the purchaser of the goods and the date of sale; and

                  (ii)         if the purchaser of the goods is not another second-hand dealer, verify the identity of the purchaser and record, for the purposes of section 8 of the Act, details of the means used to verify the information; and

            (c)         sections 8(5), 9 and 10 of the Act do not apply in relation to the goods.

        (2)         In this regulation—

"abandoned goods" means goods that have been abandoned or left, or unlawfully deposited or placed, on a road, in a public place or on local government land or Crown land;

"council", "local government land", "public place" and " road" have the same respective meanings as in the Local Government Act 1999 .



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