![]() |
Home
| Databases
| WorldLII
| Search
| Feedback
Fiji Legislation |
LAWS OF FIJI
Ed.
1978]
CHAPTER 238
SECOND-HAND DEALERS
Acts Nos. 15 of 1971, 14 of 1975.
AN ACT TO CONTROL THE SALE AND PURCHASE OF SECOND-HAND GOODS
[1st January, 1972,]
Short Title
1.
This Act may be cited as the Second-Hand Dealers Act.
Interpretation
2.
In this Act, unless the context otherwise requires-
"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 pawn broker;
"goods" in the expression "second-hand goods" does not include any of the goods specified in the First Schedule;
"licensing authority" means in respect of a municipality, the council of that municipality and, in respect of an area outside any municipality, a district officer.
(Substituted by 14 of 1975, s. 70.)
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.
(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 section 3 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 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.
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
signboard 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,
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 subsection (1) shall be
guilty of an
offence.
(3)
The provisions of this section shall not apply to goods seized under distress
for rent, under the provisions of a bill of sale,
under a writ of
fieri
facias or
under an order of the court.
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
Schedule.
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 subsection (1) shall be
guilty of an offence.
Power of inspection
9.-(1)
Every dealer shall, whenever so required by any 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 provision
of this Act as place's in 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 enclosed, whether occupied by
himself or 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.
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 any dealer licensed under the provisions of this Act being
convicted of an offence under the provisions of this
Act or any offence under
the provisions of Chapter XXXIV of the Penal Code, in addition to any penalty
imposed under the provisions of subsection (1), any licence issued to such
dealer under the provisions
of this Act may be cancelled by the court by which
such dealer was convicted.
(Cap.
17)
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;
(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 the premises;
(d) prescribing the forms of registers to be kept by licensed dealers and the particulars required to be recorded therein;
(e) providing for the exemption of specific organisations from the provisions of this Act;
(f) providing for such matters as are necessary to carry out the purposes of this Act.
——————————
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 or 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, bronze, 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;
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
motormowers;
Musical
instruments other than
pianos;
Overcoats,
raincoats and men's
suits;
Radio
and television receiving and transmitting instruments and all parts thereof, and
apparatus and articles used in connection
therewith;
Scrap
gold, silver, platinum, brass, bronze, 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.
Controlled by Ministry of Commerce and Industry
______________________
Subsidiary
Legislation
CHAPTER 238
SECOND HAND DEALERS
SECTION 13-SECOND-HAND DEALERS REGULATIONS
Regulations 15th October, 1971.
Made by the Minister
Short title
1.
These Regulations may be cited as the Second-Hand Dealers
Regulations.
Applications for licences
2.
Applications for licences for second-hand dealers shall be made to the licensing
authority in whose area the dealer proposes to carry
on business as a dealer in
second-hand goods or, if more than one place of business is proposed, to each of
such licensing authorities.
Licences to be annual
3.
Licences for second-hand dealers which are issued under the provisions of
section
4
of the Act shall be for a period of one year from the date of
issue.
Conditions deemed to be included in licence
4.—(1)
The following conditions shall be deemed to be included in any licence issued
under the provisions of the Act:-
(a) if the licensee changes his place of business or any of his places of business during the period of the licence, he shall inform the licensing authority and the nearest police station of such change within seven days thereof;
(b) the licensee shall deliver up to the licensing authority his licence within seven days of ceasing for any reason to be licensed;
(c) the licensee shall not transfer, lend, or part with the possession of his licence, to any other person;
(d) the licensee shall not carry on business except between the hours of 8 a.m. and 6 p.m. on any week day;
(e) the licensee shall, where the aggregate value of the goods exceeds 50 cents, obtain a receipt from any person from whom he buys or receives as a security for any loan second-hand goods;
(f) the licensee shall on selling any second-hand goods give a receipt to the purchaser of such goods specifying the goods so sold;
(g) the licensee shall not purchase any second-hand goods from any person who has not attained the age of seventeen years;
(h) the licensee shall give a bond to the licensing authority in such sum as the licensing authority requires to secure complete compliance with the provisions of the Act;
(i) any special conditions which may be imposed by the licensing authority.
(2)
In addition to the conditions set out in paragraph (1), a licensing authority
may impose such conditions as it deems advisable
in any licence so as to
restrict the type or nature of second-hand goods which may be purchased or sold
by a
dealer.
(3)
Any licensee who fails to comply with any condition imposed upon the issue of a
licence issued under the provisions of the Act
shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding one hundred
dollars.
Signboards
5.
The sign-board to be kept exhibited by a licensed dealer under the provisions of
subsection (2) of section
5
of the Act
shall be not less than 3 feet long nor less than 18 inches high on which the
letters shall be legibly inscribed in letters
not less than 2 inches
high.
Register
6.
The register to be kept in accordance with the provisions of section
8
of the Act shall be completed by the licensed dealer and shall, in the case of
the register of second-hand goods purchased, be signed
by the vendor, and in the
event of any particular not being inserted in such register the licensed dealer
shall be guilty of an offence
and shall be liable on conviction to a fine not
exceeding one hundred dollars.
Forms
7.
The forms to be used in connection with the provisions of the Act shall be in
accordance with the First Schedule.
Fees
8.
The fees to be paid in connection with the provisions of the Act shall be in
accordance with the Second Schedule.
FIRST
SCHEDULE
(Regulation
7)
————
Form 1
SECOND-HAND
DEALERS
ACT
(Cap.
238)
————
APPLICATION FOR LICENCE
I/we.............................................................................of.....................................................................................................................................................................................................................................................................carrying
on business at (specify all places at which business
is
proposed to
be conducted),
.....................................................................................................................................................................under
the name of............................................................hereby
apply for a licence/the renewal of a licence to carry
on business as a
second-hand dealer(s).
Business Names Registration No .............................
(if applicable).
Date...................................
.......................................
(Signature
of applicant).
—————————
Form 2
SECOND-HAND
DEALERS
ACT
(Cap.
238)
..............................................................................................................................................................................of
.........................................................................................................................................carrying
on business under the name of
...............................................................................................................................................is
hereby registered as a second-hand dealer for the period of' one year from the
............................................. day
of
....................................................................,
19....................................to carry on business
at the following
address(es):-
...............................
...............................
...............................
...............................
Special Conditions of Licence
1. The amount of the security bond shall be $..............................................................................................
2. ..............................................................................................................................................................
Dated
this ..........................day of .................................,
19...........................
Licensing Authority.
____________
Form 3
REGISTER OF SECOND-HAND GOODS PURCHASED
Date
and
Time |
Serial
No. |
Detailed
Particulars of Goods and Quantity
|
Price
Paid |
Full
name and address of vendor
|
Signature
of Vendor
|
_________
Form 4
REGISTER OF SECOND-HAND GOODS SOLD
Date
and Time
|
Serial
No. in Purchase Register
|
Detailed
Particulars of Goods and Quantity
|
Price
received
|
Full
Name and Address of Purchaser
|
___________
SECOND SCHEDULE
(Regulation 8)
——————
FEES
$
On
application for original licence
........................................................10
On
issue of licence for one place of business
........................................60
On
issue of licence for each place of business after the first
...................60
Controlled by Ministry of Commerce and Industry
-------------------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/consol_act/shda155