Secondhand Goods Dealers Rules 2007 - Singapore Statutes Online

No. S 551

Secondhand Goods Dealers Act 2007

(Act 4 of 2007)

Secondhand Goods Dealers Rules 2007

In exercise of the powers conferred by section 22 of the Secondhand Goods Dealers Act 2007, the Minister for Home Affairs hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Secondhand Goods Dealers Rules 2007 and shall come into operation on 1st December 2007.

Appropriate form

2. In these Rules, “appropriate form”, in relation to any purpose for which a specific form is required to be used, means the relevant form that —

(a)	is provided by the Licensing Officer and obtainable from his office at the Licensing Division, Police Cantonment Complex, 391 New Bridge Road, #02-701, Singapore 088762 during such hours as that office is open for business; or
(b)	is provided in the electronic licensing system of the Singapore Police Force at http://www.spf.gov.sg/licence.

Application for licence, etc.

3.—(1) Every application for the issue or renewal of a licence shall be made to the Licensing Officer in the appropriate form.

(2) Every applicant for the issue or renewal of a licence shall, if so required in writing by the Licensing Officer —

(a)	attend personally before the Licensing Officer; and
(b)	provide clarification to the Licensing Officer as to such additional particulars, information and document as may be required.

(3) Where an applicant for the issue or renewal of a licence fails, without reasonable excuse, to comply with any requirement of the Licensing Officer under paragraph (2), the Licensing Officer may reject the application.

Types of licences

4.—(1) An applicant for a licence may elect to be issued with an ordinary licence or a temporary licence.

(2) An ordinary licence shall, unless revoked or surrendered, remain valid for a period of one year from the date specified therein.

(3) A temporary licence shall, unless revoked or surrendered, remain valid for such period, not exceeding 30 days from the date stated therein, as the Licensing Officer may determine.

(4) Upon receipt of an application for a licence, the Licensing Officer shall consider —

(a)	the character of the applicant and his fitness to be allowed to deal in secondhand goods; or
(b)	where the applicant is a body corporate, the character of the members of the board of directors, management committee, board of trustees or other governing body of the body corporate and their fitness to be allowed to deal in secondhand goods as if they were applicants themselves.

(5) If, after having considered the matters referred to in paragraph (4), the Licensing Officer is not satisfied that the applicant for an ordinary licence is a fit and proper person to be issued with such a licence, he may issue a temporary licence to the applicant instead.

(6) Nothing in this rule shall prevent the holder of a temporary licence from applying for an ordinary licence upon the expiry of his temporary licence.

Change of particulars

5.—(1) A secondhand goods dealer shall not, without the prior written approval of the Licensing Officer, change —

(a)	the name or style under which he carries on business or the address of the place at which he so carries on business as a secondhand goods dealer;
(b)	any Uniform Resource Locator (URL) or email address that is used for the purpose of his business as a secondhand goods dealer;
(c)	the place of storage of the secondhand goods which are to be sold or which have been purchased by him in the course of his business; or
(d)	the types of secondhand goods which he deals in.

(2) A secondhand goods dealer that is a body corporate shall obtain the prior written approval of the Licensing Officer for any new appointment to its board of directors, management committee, board of trustees or other governing body.

(3) If any particulars (not being those referred to in paragraph (1)) included in the licence application by a secondhand goods dealer to the Licensing Officer change, the secondhand goods dealer shall, within 7 days of the change taking place, notify the Licensing Officer of the change in the appropriate form.

(4) A secondhand goods dealer who, without reasonable excuse, contravenes paragraph (1), (2) or (3) shall be guilty of an offence.

Duty to notify Licensing Officer of cessation of business

6.—(1) Where a secondhand goods dealer ceases to carry on business as a secondhand goods dealer, he shall, within 7 days after the date of the cessation —

(a)	notify the Licensing Officer of his ceasing such business in the appropriate form; and
(b)	surrender his licence (if any) to the Licensing Officer.

(2) A secondhand goods dealer who contravenes paragraph (1) shall be guilty of an offence.

Transaction records

7.—(1) For the purposes of section 10(1) of the Act, every secondhand goods dealer shall keep in his shop in the appropriate form records of the following particulars:

(a)

with respect to each of the secondhand goods purchased or sold by him —

(i)	the date of the purchase or sale;
(ii)	the description of the goods (including the brand, make and model, if any);
(iii)	the serial number of the goods (if any) and, in the case of mobile phones, the International Mobile Equipment Identity (IMEI) number;
(iv)	the price at which he purchased or sold the goods;
(v)	the estimated market or retail value of the goods; and
(vi)	the source of the goods;

(b)

with respect to every person from whom he purchased or to whom he sold the secondhand goods —

(i)	the person’s name;
(ii)	the person’s identification number (such as NRIC number, foreign identification number, passport number or business registration number);
(iii)	the person’s residential or business address;
(iv)	the person’s nationality;
(v)	the person’s gender; and
(vi)	in the case of the holder of a foreign passport, the person’s date of birth;

(c)

with respect to any item purchased by him falling within the description of item 9, 10 or 11 in the Schedule to the Act —

(i)	the weight of the item; and
(ii)	the number of the cheque by which payment was made to the seller of the item, and the bank on which the cheque is to be drawn; and

(d)

with respect to any pawn ticket purchased or sold by him —

(i)	the number of the pawn ticket; and
(ii)	the items described in the pawn ticket.

(2) A secondhand goods dealer shall record the particulars referred to in paragraph (1) in respect of each of the secondhand goods purchased or sold by him as soon as practicable after, but within the same day of, the purchase or sale of the secondhand goods.

(3) The records kept by the secondhand goods dealer in the appropriate form under paragraph (1) shall be the records which the secondhand goods dealer must —

(a)	submit to the Licensing Officer for the purposes of section 10(2) of the Act;
(b)	retain for the purposes of section 10(3) of the Act; and
(c)	produce to a Magistrate, a Justice of the Peace, the Licensing Officer or a police officer for the purposes of section 10(5) of the Act.

(4) A secondhand goods dealer who contravenes paragraph (1) or (2) shall be guilty of an offence.

Duties of secondhand goods dealer before purchasing or selling secondhand goods

8.—(1) Every secondhand goods dealer shall, before purchasing any secondhand goods from or selling any secondhand goods to any person —

(a)

require that person to present his original identification document to the secondhand goods dealer; and

(b)

check the person’s original identification document to ensure that —

(i)	it is valid; and
(ii)	there are visual similarities between that person and the person depicted in the photograph attached to the original identification document.

(2) A secondhand goods dealer who contravenes paragraph (1) shall be guilty of an offence.

(3) In paragraph (1), “original identification document”, in relation to a person, means —

(a)

if the person is a citizen of Singapore or a Singapore permanent resident, his identity card issued under the National Registration Act (Cap. 201); or

(b)

if the person is not a citizen of Singapore or a Singapore permanent resident, his passport and either —

(i)	a work pass issued to him under the Employment of Foreign Manpower Act (Cap. 91A); or
(ii)	a pass issued to him under the Immigration Act (Cap. 133).

Special requirements relating to purchase of certain metallic items

9.—(1) Where a secondhand goods dealer purchases any item that falls within the description of item 9, 10 or 11 in the Schedule to the Act, he shall not use any mode of payment other than a crossed cheque to pay for the purchase.

(2) A secondhand goods dealer who contravenes paragraph (1) shall be guilty of an offence.

Discovery of stolen goods

10.—(1) If a secondhand goods dealer discovers any stolen goods among the secondhand goods in his possession, he shall retain the stolen goods and, without undue delay, report his discovery of the stolen goods to the police.

(2) A secondhand goods dealer who contravenes paragraph (1) shall be guilty of an offence.

Fees

11.—(1) The fees specified in the second column of the Schedule shall be payable to the Licensing Officer in respect of the matters set out in the first column thereof.

(2) Except where the Licensing Officer considers appropriate, no refund shall be made in respect of any fee paid under these Rules.

Revocation

12. The Secondhand Dealers (Fees and Forms) Rules (R 1) are revoked.

Made this 16th day of October 2007.

BENNY LIM

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 112/2/056; AG/LEG/SL/288/2003/1 Vol. 1]

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