4Interpretation

1. In this Act, unless the context otherwise requires,—

   article means an article of a type listed in Schedule 1 (as from time to time amended by regulations made under this Act)

   authorised identification means a form of identification specified in Schedule 2 (as from time to time amended by regulations made under this Act)

   buyback contract means a contract under which a seller sells goods to a buyer on condition that the seller can repurchase the goods at some future date, but at a price greater than the buyer paid for them

   certificate means a certificate of approval issued under section 28

   certified copy means a copy, certified by a Licensing Authority, of a licence

   contact address means, in relation to a person, the person’s postal address and also, if the person’s residential address is different from the postal address, the person’s residential address

   dispose of, in relation to goods, includes—

   1. passing possession of the goods to another person, whether by sale or otherwise; and
   2. combining or dismantling the goods in such a way that they can no longer be recognised as the original goods

   itinerant secondhand dealer means a secondhand dealer who does not have premises from which he or she regularly engages in secondhand dealing

   licence means a secondhand dealer and pawnbroker licence issued under section 9 or section 10

   licensed secondhand dealer and pawnbroker means the holder of a current licence; and—

   1. licensed secondhand dealer means a secondhand dealer who holds a current licence; and
   2. licensed pawnbroker means a pawnbroker who holds a current licence

   Licensing Authority or Authority means a Licensing Authority of secondhand dealers and pawnbrokers appointed under section 70 and includes a Deputy Licensing Authority appointed under section 71, and the terms Licensing Authorities, Authorities, and Deputy Licensing Authorities have corresponding meanings

   pawnbroker means a person—

   1. who, in expectation of profit, gain, or reward, lends money on the security of goods of which the person takes possession, but not ownership; and
   2. who is not a secondhand dealer or the employee of a secondhand dealer and pawnbroker

   person concerned in the management of the company means, in relation to a company,—

   1. a director of the company, as that term is defined in section 126 of the Companies Act 1993; and
   2. the chief executive of the company, or any person occupying the equivalent position

   prescribed means prescribed by regulations made under this Act

   promoter means a person who carries on a business of letting or otherwise providing space to stallholders for the purpose of running a market or fair at which any of the stalls are or may be used for the purpose of secondhand dealing

   public auction means an auction conducted by a registered auctioneer in the course of the registered auctioneer's business

   registered auctioneer means a person who is registered as an auctioneer under the Auctioneers Act 2013

   responsible Minister means the Minister of the Crown who is responsible for the department that is authorised by the Prime Minister to provide administrative support to the Licensing Authorities

   scrap metal does not include copper in any form, but includes—

   1. old metal, broken metal, partly manufactured metal goods, defaced or old metal goods, and metal residues from manufacturing processes; and
   2. items that—
      1. are made entirely or substantially of metal; and
      2. are no longer fit for the purpose for which they were designed or intended

   secondhand dealer means a person—

   1. who buys (other than for personal use or enjoyment or as a gift), sells, exchanges, or otherwise deals in secondhand articles or scrap metal; and
   2. who is not a pawnbroker or the employee of a secondhand dealer and pawnbroker

   secondhand dealer and pawnbroker means any 1 or more of the following:

   1. a secondhand dealer:
   2. a pawnbroker:
   3. a person who, not being an employee of a secondhand dealer or a pawnbroker, acts as both a secondhand dealer and as a pawnbroker

   specified offence means an offence under any of the following:

   1. sections 217 to 265 of the Crimes Act 1961 (which relate to crimes against rights of property):
   2. the Fair Trading Act 1986

   transaction means the passing of possession of goods from a seller to a secondhand dealer, or from a seller or pledger to a pawnbroker

   transaction date means the date on which a particular transaction takes place.

Notes

• Section 4 certified copy: amended, on 14 November 2018, by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 4 Licensing Authority: repealed, on 14 November 2018, by section 275 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 4 Licensing Authority or Authority: inserted, on 14 November 2018, by section 275 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 4 public auction: replaced, on 18 December 2013, by section 28(3) of the Auctioneers Act 2013 (2013 No 148).
• Section 4 registered auctioneer: inserted, on 18 December 2013, by section 28(3) of the Auctioneers Act 2013 (2013 No 148).
• Section 4 responsible Minister: amended, on 14 November 2018, by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
• Section 4 secondhand dealer paragraph (a): replaced, on 18 December 2013, by section 4 of the Secondhand Dealers and Pawnbrokers Amendment Act 2013 (2013 No 146).