6Secondhand dealers engaged in business to be licensed

1. Every person who engages in business as a secondhand dealer must hold a licence.

2. If 2 or more people engage in business as secondhand dealers in partnership, each partner must hold a licence.

3. For the purposes of this Act, a person is presumed (in the absence of evidence to the contrary) to be engaged in business as a secondhand dealer if the person—

4. on 6 or more different days within a 12-month period—
   1. buys secondhand articles or scrap metal for purposes other than personal use or enjoyment or as a gift; or
   2. sells or exchanges secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift; or
5. within a 12-month period, obtains revenue of more than $2,000 from the sale of secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift.

6. For the purposes of this Act, the following are not engaged in business as secondhand dealers when selling secondhand articles or scrap metal:

7. a registered auctioneer selling secondhand articles or scrap metal in the course of the registered auctioneer's business:
8. a charitable or non-profit organisation that sells secondhand articles or scrap metal, but only if—
   1. no article, and none of the scrap metal, sold is acquired by the organisation by purchase or for valuable consideration; and
   2. any proceeds of sale are used solely for the purposes of the organisation:
9. an Internet auction provider:
10. an agent of the Crown:
11. any other prescribed person.

12. Acquiring secondhand articles as trade-ins when selling new goods does not of itself indicate that a person is engaged in business as a secondhand dealer.

13. A person who carries on business as a secondhand dealer without holding a licence commits an offence and is liable on conviction to a fine not exceeding $20,000.