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Thread: Second Hand Goods Act - Proposed Regulations for Dealers and Recyclers

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    qball's Avatar
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    Default Second Hand Goods Act - Proposed Regulations for Dealers and Recyclers

    Hi All

    Please be aware, the proposed regulations are available for public comment. The Act will probably be in effect from 1 January 2012. This will apply to all second hand goods - coins, stamps, antiques, electronics, or anybody who deals in second hand goods.

    You may submit written comments to:

    vanderwaltja@saps.org.za

    or post to:

    Director J A van der Walt
    Legal Support: Crime Operations
    South African Police Service
    Private Bag X94
    Pretoria
    0001
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    Quote Originally Posted by qball View Post
    Hi All

    Please be aware, the proposed regulations are available for public comment. The Act will probably be in effect from 1 January 2012. This will apply to all second hand goods - coins, stamps, antiques, electronics, or anybody who deals in second hand goods.

    You may submit written comments to:

    vanderwaltja@saps.org.za

    or post to:

    Director J A van der Walt
    Legal Support: Crime Operations
    South African Police Service
    Private Bag X94
    Pretoria
    0001
    Is this the regulation that if we deal in 2nd hand goods we require a second hand dealers licence?

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    Quote Originally Posted by geewhizz View Post
    Is this the regulation that if we deal in 2nd hand goods we require a second hand dealers licence?
    Yes, that would be correct.
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    Downloadable here - look also here...
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    If I wanted to be pedantic about it, then conceivably every single coin out there is a second hand coin, that would mean that every single South African would need a dealer’s license to merely pass them along, and would a coin newly issued by the mint and received at a bank teller then be a second hand coin or be a new one and how do you prove it? I know the argument is silly, but so are certain aspects of this regulation.
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    Quote Originally Posted by MsPlod View Post
    Downloadable here - look also here...
    Thank you MsPlod, was looking for those.
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    You need to look at the definition of a dealer, according to the Act.

    http://www.info.gov.za/view/DownloadFileAction?id=98612
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    What is interesting - the act states any second hand goods under R100 are not included.
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    this act also states that you need to have a copy of every buyers ID.........any idea how that will work?
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    Quote Originally Posted by voldermort View Post
    this act also states that you need to have a copy of every buyers ID.........any idea how that will work?
    That's why you should respond with comments, as this is not really practical on the internet or for online sales. To be honest I am not sure how this will work.
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    It also means we have to keep a record of every item we buy.

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    a few quick phone calls to various police stations tell me that everyone in the know has already gone home.......will try again tomorrow.
    however it seems to me that this act is more for the one on one trading ie: fleamarkets etc where pirated items are rife...............be that as it may, it would be almost impossible for sellers to obtain buyers ID on BOB as quite frankly, after a buyer has paid their money they can tell us to go to hell if we ask for this information.
    Perhaps BOB needs to obtain ID from every buyer who registers & keep this on hand, not sure though what will happen to all the buyers who have already registered without proof of ID.....and what about all the international buyers, will they be willing to part with this information?
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    Quote Originally Posted by voldermort View Post
    a few quick phone calls to various police stations tell me that everyone in the know has already gone home.......will try again tomorrow.
    however it seems to me that this act is more for the one on one trading ie: fleamarkets etc where pirated items are rife...............be that as it may, it would be almost impossible for sellers to obtain buyers ID on BOB as quite frankly, after a buyer has paid their money they can tell us to go to hell if we ask for this information.
    Perhaps BOB needs to obtain ID from every buyer who registers & keep this on hand, not sure though what will happen to all the buyers who have already registered without proof of ID.....and what about all the international buyers, will they be willing to part with this information?
    We won't be doing this as we are not the dealer/seller. Technically this also becomes a privacy issue for us, to keep records of ID's is serious and with the new POPI Act, can potentially create huge legal responsibilities and liabilities for us.
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    Quote Originally Posted by qball View Post
    We won't be doing this as we are not the dealer/seller. Technically this also becomes a privacy issue for us, to keep records of ID's is serious and with the new POPI Act, can potentially create huge legal responsibilities and liabilities for us.
    Exactly, and you are big guys, so then why on earth would a buyer give their ID to us.....especially with all the ID fraud going on at the moment?
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    Quote Originally Posted by voldermort View Post
    Exactly, and you are big guys, so then why on earth would a buyer give their ID to us.....especially with all the ID fraud going on at the moment?
    That's why it is important for you guys to pass your comments onto Brigadier van der Walt.
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