Limited exemptions for pawnbrokers and second-hand dealers

The following exemptions have been granted with the prescribed conditions, and on the condition that you will notify NSW Fair Trading of any changes to your circumstances:

• An exemption from obtaining evidence of the identity of the person by whom the second-hand goods are being offered under sections 15(1) and 15(1A) of the Pawnbrokers and Second-hand Dealers Act 1996 (the Act), on the condition that the licensee's inventory and reporting system will track the purchase, receipt, processing and on-sale of each device received by it at a serial number or International Mobile Equipment Identity level.
• An exemption from the electronic record keeping rules under section 16(1) of the Act and clause 9 of the Pawnbrokers and Second-hand Dealers Regulation 2021, on the condition that any record required to be kept under the Act must be readily able to be produced to an authorised officer if an authorised officer should require its production and be in English.
• An exemption from retaining second-hand goods under section 21(1) of the Act, on the condition that the licensed business selling the goods to the licensee kept the goods for a period required by section 21 of the Act or a notice under that section, before the purchase.

Assurant Services Australia Pty Limited is exempted from the operation of the following provisions of the Act in relation to goods that are mobile phones or tablet computers obtained from Optus Mobile Pty Limited under the Mobile Device Sale Agreement dated 27 September 2017 between Assurant Services Australia Pty Limited and Optus Mobile Pty Limited:

• section 15 (1) and (1A) of the Act, to the extent that they require a licensee to obtain documentary evidence of the identity of the person by whom the goods are being offered,
• section 16 (1) and (5A) of the Act, to the extent that they require a licensee to keep records of transactions for the acquisition or disposal of the goods and furnish particulars of the records to the Commissioner of Police,
• section 21 (1) of the Act.

Assurant Services Australia Pty Ltd is required to notify the Commissioner of NSW Fair Trading when it ceases to obtain second-hand mobile phones or tablet computers under the terms of the current agreement with Optus Mobile Pty Limited or can no longer adhere to the de-identification processes outlined in the exemption request supplied to the Department of Customer Service.

Assurant Services Australia Pty Limited is exempted from the operation of the following provisions of the Act in relation to goods that are mobile handsets, tablet devices or other mobile devices obtained from Telstra Limited or its customers under its Telstra Upgrade and Protect program or Telstra Trade-In program howsoever called:

• sections 15 (1) and (1A) of the Act, to the extent that they require a licensee to obtain documentary evidence of the identity of the person by whom the goods are being offered,
• sections 16 (1) and (5A) of the Act, to the extent that they require a licensee to keep records of transactions for the acquisition or disposal of the goods and furnish particulars of the records to the Commissioner of Police,
• section 21 (1) of the Act.

(1) Asurion Australia Pty Limited is exempted from the operation of the following provisions of the Pawnbrokers and Second-hand Dealers Act 1996 (the Act) in relation to goods that are mobile phones, laptop computers, tablet computers and wearable technology (such as smart watches) identifiable with IMEI (International Mobile Equipment Identity Number) numbers or a unique serial number:

• section 16 (5A) of the Act, to the extent that it requires a licensee to furnish particulars of records to the Commissioner of Police,
• section 21 (1) of the Act, to the extent that it requires a licensee to retain second-hand goods purchased or received for a period of 14 days.

(2) Where mobile phones or tablet computers referred to in (1) are obtained from Telstra Corporation Limited under its Telstra New Phone Feeling program or Telstra New Tablet Feeling program, Asurion Australia Pty Limited is also exempted from the operation of the following provisions of the Act:

• section 15 (1) and (1A) of the Act, to the extent that they require a licensee to obtain documentary evidence of the identity of the person by whom the goods are being offered,
• section 16 (1) of the Act, to the extent that they require a licensee to keep records of transactions for the acquisition or disposal of the goods.

(3) Above exemptions (1) and (2) apply on the condition the licensee will notify NSW Fair Trading of any changes to your existing business processes with regards to these goods.

The exemption from the requirement to use electronic means of creation and storage of records in accordance with section 16 of the Pawnbrokers and Second-hand Dealers Act 1996 is conditional on the requirement to forward to the Director General for NSW Fair Trading the income tax return or audited financial statements for the period 1 July 2012 to 30 June 2013 within 14 days of you receiving or finalising the document.

The exemption from the following conditions has been granted, on the condition that the licensee will notify NSW Fair Trading of any changes to your circumstances:

• the requirement to keep electronic records of transactions.

The licensee is exempt from the licence condition which relates to creating and storing records electronically under section 16(1) of the Pawnbrokers and Second-hand Dealers Act 1996 and clause 9 of the Pawnbrokers and Second-hand Dealers Regulation 2021.

Industry Trading Pty Ltd is conditionally exempted from the operation of the following provisions of the Act:

• sections 15(1) and (1A) of the Act, to the extent that they require a licensee to obtain documentary evidence of the identity of the person by whom the goods are being offered,
• section 16(1) and (5A) of the Act, to the extent that they require a licensee to keep records of transactions for the acquisition or disposal of the goods and furnish particulars of the records to the Commissioner of Police,
• section 21(1) of the Act, to the extent that it requires a licensee to retain second-hand goods purchased or received for a period of 14 days.

The exemption is subject to the condition that Industry Trading notify the Commissioner for Fair Trading in writing within 14 days if the company commences to make purchases of second-hand goods directly from individuals or small corporations.

Kingfisher Mobile Australia Pty Limited is exempted from the operation of the following provisions of the Act in relation to goods that are mobile phones or tablet computers obtained from Telstra Corporation Limited under its Telstra Stay Connected program, Telstra Swap Assure program, Telstra New Phone Feeling program, Telstra New Tablet Feeling program, Telstra Upgrade and Protect program or Telstra Trade-In program:

• section 15 (1) and (1A) of the Act, to the extent that they require a licensee to obtain documentary evidence of the identity of the person by whom the goods are being offered,
• section 16 (1) and (5A) of the Act, to the extent that they require a licensee to keep records of transactions for the acquisition or disposal of the goods and furnish particulars of the records to the Commissioner of Police,
• section 21 (1) of the Act.

The licensee is exempt from the following conditions has been granted, on the condition that the licensee will notify NSW Fair Trading of any changes to your circumstances:

• the requirement to keep electronic records of transactions.
• the requirement to obtain evidence of the identity of the person by whom the second-hand goods are being offered.
• the requirement to retain second-hand goods which originate from the “Swap & Go” program.

The licensee is exempt from the following conditions has been granted, on the condition that the licensee will notify NSW Fair Trading of any changes to the following circumstances:

• obtaining evidence of the identity of the person by whom the second-hand goods are being offered under sections 15(1) and 15(1A) of the Pawnbroker Act and Second-hand Dealers Act 1996 (Act), and
• keeping records under section 16(1) of the Act and being required to furnish those records to the Commissioner of Police by transmission in electronic form under section 16(5A) of the Act, and
• retaining second-hand goods under sections 21(1) of the Act, for second-hand goods which originate from the “Upgrade and Protect” program.

The exemptions take effect from 10 April 2023 and will remain in force unless revoked, amended, or varied by later written notice.

The licensee is exempt from the requirement to use electronic means of creation and storage of records in accordance with section 16 of the Pawnbrokers and Second-hand Dealers Act 1996 (the Act) and clause 9 of the Pawnbrokers and Second-hand Dealers Regulation 2021, is conditional on the requirement that any record required to be kept under the Act must be readily able to be produced to an authorised officer if an authorised officer should require its production and be in English.

Swanky Cycles Pty Ltd is conditionally exempted from the operation of the following provisions of the Pawnbrokers and Second-hand Dealers Act 1996 (the Act) with respect to rental and demonstration goods obtained from business suppliers and manufacturers with the following conditions:

• sections 15(1) and (1A) of the Act, to the extent that they require a licensee to obtain documentary evidence of the identity of the person by whom the goods are being offered
• section 16(1) and (5A) of the Act, to the extent that they require a licensee to keep records of transactions for the acquisition or disposal of the goods and furnish particulars of the records to the Commissioner of Police
• section 21(1)(a) of the Act, to the extent that it requires a licensee to retain second-hand goods purchased or received for a period of 14 days on premises nominated or otherwise notified under section 12 or 12A as business premises or at such other places as may be determined by or in accordance with the Pawnbrokers and Second-hand Dealers Regulation 2021 (the Regs)

Swanky Cycles Pty Ltd is also conditionally exempted from the following with respect to good obtained from private sellers:

• the requirement to use electronic means of creation and storage of records in accordance with section 16 of the Act and Clause 9 of the Regs, conditional on the requirement that any record required under the Act must be kept by the licensee, records must be in English and must be furnished to the Commissioner of Police or to an authorised officer from NSW Fair Trading when required, within the prescribed time after it is made.

TES-AMM Australia Pty Ltd is conditionally exempted from the operation of section 16 (5A) of the Act, to the extent that it requires a licensee to furnish to the Commissioner of Police particulars of a record.

The exemption is subject to the condition that TES-AMM Australia notify the Commissioner for Fair Trading in writing within 14 days if the company commences to make purchases of second-hand goods directly from individuals or small corporations.

The licensee is exempted from the requirement to use electronic means of creation and storage of records in accordance with section 16 of the Pawnbrokers and Second-hand Dealers Act 1996 (the Act) and clause 9 of the Pawnbrokers and Second-hand Dealers Regulation 2021, conditional on the requirement that any record required to be kept under the Act must be readily able to be produced to an authorised officer if an authorised officer should require its production and be in English.