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MATERIALS BOOK DOCUMENT 10 

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SECOND-HAND DEALERS ACT 1992 

(No.25 of 1992) 

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ARRANGEMENT OF SECTIONS 

Section 

1. Short title. 2. 3. 4. 5. 6. 7. 8. 9. 

10. 11. 12. 13. 

Interpretation.

Licences for dealers.

Application for licence. Licence to be posted.

Retention of certain goods. Power to amend Schedules.

Keeping of registers by dealers. Power of inspection.

Information by police.

Persons found in possession of second-hand goods. Penalty.

Regulations. First Schedule

Second Schedule

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SECOND-HAND DEALERS ACT 1992 

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U t o pi a A ri s e 

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An Act to control the sale and purchase of second-hand goods 

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[ Commencement : 1 August 1992]

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ENACTED BY THE PARLIAMENT OF UTOPIA:

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'''Short title. '''

1. This Act may be cited as the Second-Hand Dealers Act 1992, and shall come into force on a date

to be notified by the Minister in the Gazette 8

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'''Interpretation. '''

2. In this Act, unless the context otherwise requires:

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"dealer" means any person who keeps a shop, yard or other establishment for the purpose of

dealing in, buying or selling second-hand goods, and includes a pawnbroker; 13

"goods" in the expression "second-hand goods" does not include any of the goods specified in the

First Schedule to this Act;

"licensing authority" means, in respect of a town, the town council of that town, in respect of a village,

the village community council of the village, and in respect of any area outside a town or a village, the district council for that area.

'''Licences for dealers. '''

3.-(1) No person shall carry on the trade or business of a dealer unless he is the holder of a licence

for that purpose issued under the provisions of this Act. 14

(2) Any person carrying on business as a dealer who carries on such business without holding a

licence for that purpose issued under the provisions of this Act shall be guilty of an offence.

'''Application for licence. '''

4.-(1) An application for a licence referred to in the last preceding section shall be made in the

prescribed form to the licensing authority which may, in its discretion after consultation with the Commissioner of Police and subject to payment by the applicant of the prescribed fee issue a licence accordingly.

(2) Any person aggrieved by the refusal of a licensing authority to issue or renew a licence under

the provisions of this section may appeal within one month of such refusal to the Minister whose decision thereon shall be final.

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Second-Hand Dealers Act 1992-25 

'''Licence to be posted. '''

5.-(1) Each licensed dealer shall keep his licence posted in a conspicuous place in his shop, yard

or other establishment.

(2) Each licensed dealer shall always keep exhibited at or over the entrance to his shop, yard or

other establishment, a sign-board of such size and type as may be prescribed and in such position as the licensing authority shall direct which sign-board shall have printed thereon in the English language the words "Licensed dealer in second-hand goods".

(3) Any person failing to comply with the provisions of this section shall be guilty of an offence.

'''Retention of certain goods. '''

6.-(1) Every licensed dealer who acquires otherwise than from another licensed dealer any second-

hand goods specified in the Second Schedule to this Act, shall retain such goods in his possession for not less than one month before disposing of or in any way altering the condition or appearance of such goods.

(2) Any person failing to comply with the provisions of the last preceding subsection shall be guilty

of an offence.

'''Power to amend Schedules. '''

7. The Minister may, by notification in the Gazette, amend, add to or delete from the goods or

classes of goods specified in the First or Second Schedules to this Act. 15

'''Keeping of registers by dealers. '''

8.-(1) Every licensed dealer shall keep registers in the prescribed form properly written in the

English language and shall record therein such particulars as may be prescribed in respect of all second-hand goods as he may from time to time be possessed of, and the time at which and the person from whom he purchased or received such goods, adding in respect of every such last- mentioned person a description of his address and business.

(2) Any person failing to comply with the provisions of the last preceding subsection shall be guilty

of an offence.

'''Power of inspection. '''

9.-(1) Every dealer shall, whenever so required by a police officer, produce for the inspection of such

police officer all second-hand goods in his possession or subject to his control and all books and papers relating thereto, and in default thereof shall be guilty of an offence.

(2) Any dealer who has in his possession any second-hand goods at any place other than such

premises as may be specified in a licence issued under the provisions of this Act as places which such dealer is authorised to store second-hand goods shall be guilty of an offence.

'''Information by police. '''

10.-(1) Information as to any stolen property or as to any property which has been lost may be given

by the police to any licensed dealers, with lists and descriptions of the same.

(2) If any property answering such lists and descriptions is, or has since the theft or loss thereof

been in the possession of any licensed dealer or is thereafter offered to or shown to any licensed dealer, he shall, without unnecessary delay, give information to that effect at the nearest police station or to any police officer, with the name address and description of the person in whose possession the property was seen, and in default thereof he shall be guilty of an offence.

'''Persons found in possession of second-hand goods. '''

11.-(1) Any person transporting or having in his possession or keeping any second-hand goods

without lawful excuse shall be guilty of an offence.

(2) For the purposes of this section, second-hand goods shall be deemed to be in the possession

or keeping of any person if he knowingly has them in the actual possession of himself or of any other person in any street, house, building, vehicle, vessel or boat, field or place, open or closed, whether occupied by himself of not and whether such second-hand goods are so possessed or kept either for his own use or benefit or for the use or benefit of another person.

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Second-Hand Dealers Act 1992-25 

'''Penalty. '''

12.-(1) Any person convicted of an offence under this Act shall be liable in the case of a first offence

to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and in the case of a second or subsequent offence to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(2) In the case of a dealer licensed under the provisions of this Act being convicted of an offence

under the provisions of Chapter XXXV of the Penal Code (which provides for the offence of dealing in stolen goods), in addition to any penalty imposed under the provisions of the last preceding subsection, any licence issued to such dealer under the provisions of this Act may be cancelled by the court by which such dealer was convicted.

'''Regulations. '''

13. The Minister may make regulations for the purpose of carrying this Act into effect and in

particular for the purpose of:

(a) prescribing the procedure to be followed, the forms to be used and the fees to be charged in

connexion with the grant of licences; 16

(b) prescribing the conditions, which may include the giving of a security bond, to be attached to

licences;

(c) prescribing the size and type of sign-boards to be exhibited by licensed dealers at or over their

premises;

(d) prescribing the forms of registers to be kept by licensed dealers and the particulars required to

be recorded therein;

(e) providing for such matters as are necessary to carry out the purposes of this Act.

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FIRST SCHEDULE 

(Section 2)

Books, magazines and newspapers;

Furniture;

Gunny bags, sail cloth, canvas;

Bottles;

Old iron and metals, other than gold, silver, platinum, brass, bronze, copper, lead, pewter, zinc, block tin or any combination

of any such metals;

Kerosene tins, oil drums, and other similar empty receptacles;

Wooden and tin lined boxes and cases;

Motor vehicles;

Ships, vessels or boats; Refrigerators.

SECOND SCHEDULE 

(Section 6)

Articles to be retained for one month:

Articles of gold, silver, platinum, brass, copper, lead, pewter, zinc or block tin, or any combination of any such metals;

Bicycles and spare parts and accessories thereof;

Cameras;

Clocks and watches;

Computers, and apparatus and articles used in connection therewith;

Field glasses and other optical instruments of any kind;

Film projectors;

Furs;

Gramophones and radiograms;

Jewellery and jewels and all articles of personal adornment;

Lawnmowers and motor mowers;

Musical instruments other than pianos;

Radio and television receiving and transmitting equipment and all parts thereof, and apparatus and articles used in

connection therewith;

Scrap gold, silver, platinum, brass, copper, lead, pewter, zinc or block tin, or any combination of those metals;

Tape recorders and other recording apparatus;

Tools of trade;

Tools, parts and accessories of motor vehicles of all kinds;

Travelling rugs;

Typewriters;

Wire or cable, made of, or containing, copper.

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