Second-Hand
Goods Bill
Presentation by Richard Mukheibir: MD - Cash Converters Southern Africa (Pty)
Ltd
Second-Hand
Goods Bill
·
Cash
Converters International
·
Established
in Perth, Australia in 1984
·
Over
500 stores worldwide
·
Largest
Franchised Second-Hand Dealer and Pawnbroker in the world
·
Listed
on Sydney Stock Exchange
·
Cash
Converters Southern Africa
·
Established
in Parow, Cape Town in 1994
·
Over
50 stores in Southern Africa
·
General
second-hand dealer focusing on household goods
Objects
of the Bill:
·
Regulate
the business of dealers in second-hand goods and pawnbrokers
·
Promote
ethical standards in the trade
·
Cash
Converters supports the initiative and purpose behind the Bill
·
Consultations:
since June 1999
·
Section 6 Information
on application......
(1) (d) "including members and directors"?
·
Section 12 Renewal
of Registration (3)
How does the dealer practically show compliance?
·
Section 22 Records
by Dealers
·
last
part of sentence to read "acquisition or disposal of second-hand
goods"?
·
Section 22 Records
by Dealers (1), (4)
and (5) Issue with recording all sales transactions
·
Section 22 Records
by Dealers (4) Note
onus on "Person" = Consumer to comply. Who will communicate this to
them?
·
Section 22 Records
by Dealers (9) (b)
what about subsection (2) Is this an omission?
·
Section 23 False
information and stolen goods How will this section be implemented?
·
Section 27 Communication
equipment records
(3) same argument as Section 22
·
Section 28 Identification
by police official
What is an "appointment certificate"?
·
Section 33 Penalties
(d) "..., be
forfeited to the State". How does this effect the rightful! owner of the
goods?
Schedule
1 Goods
·
What
are "antique goods" ?
·
What
are "valuables" ?
General
·
Does
this act pertain to Auctions of second-hand goods?
Questions?
COMMENTS ON THE SECOND-HAND GOODS BILL
Bill 2 of 2008
INTRODUCTION
On behalf of Cash Converters we wish to at the outset, express our support
for the initiative and the purpose behind the Bill.
We are of the opinion that the second-hand goods industry needs to be regulated
and legislation is imperative to regulate and to allow for easier policing. We
have in our comments pointed out certain practical difficulties that may be
encountered in the implementation of legislation as well as try to emphasise
the benefits of recording information electronically.
Section 6 Information on application by person other than natural
person
(1) (d) Should this not include members of Close Corporations and
directors of companies?
Section 12 Renewal of Registration
m How does the Dealer practically show compliance to this section of the
Act?
Section 22 Records by Dealers
(1) last part of sentence to read "acquisition or disposal of second-hand
goods"?
We would assume this section does not apply to new goods?
We would further assume the act does not apply anywhere to new goods?
1 states that: "a dealer must……….. record in a register……every acquisition
or (4) and (5)
It is perfectly in line with the purposes of the Bill to require that a
person disposing of second-hand goods to a dealer should furnish the dealer
with proof of his or her identity and all relevant details need to be recorded
in the register.
However, when a person is acquiring goods from a dealer we believe that it is
both impractical and does not serve the intended purpose of the act to record
all sales transactions.
We believe that a threshold value should be introduced that requires the
purchasers information to be recorded. We believe that reference to the VAT Act
needs to be made with regards to such threshold. We would support a threshold
value of One Thousand Rand (R1000.00) being the minimum sales value requiring
entry into the register.
This would negate the necessity for a customer to have to give his full
particulars including full name, ID number (and copy thereof) and address for
the purchase of a second-hand CD for a value of R1 0-00, as an example.
We are strongly of the opinion that a person acquiring second-hand goods from a
dealer need only furnish the dealer with his or her full name and address and
not an original identity document or passport.
We understand the point of view that the stolen goods should be able to be
traced. However, requiring that every prospective purchaser needs to furnish an
original identity document or passport will seriously hamper the secondhand
goods trade.
Furthermore, the purpose of the Act is to limit the trade in stolen goods and
this involves control to the entry of stolen goods into the legitimate
commercial sector. Controls and guards such as proof of identity and so forth
need to be placed at the point of entry rather than at the point of exit.
We also feel that reference needs to be made to the VAT Act with regards to
information required and Rand values of the transactions.
(4) Onus on "Person"
Records by dealers: here an onus is being placed on a "person",
namely a
consumer to comply to this act. How will this be communicated to the general
public?
(9) (b) Would appear that subsection (2) has been omitted here?
Section 23 False information and stolen goods How will this
section be implemented?
Section 27 Communication equipment records
(3) Same argument as 22 (1)
Section 28 Identification by police official
What is an "appointment certificate"?
Section 33 Penalties
(d)" , be forfeited to the
State"?
How does this effect the rightful owner of the goods?
Schedule 1 Goods
What are "antique goods"?
What are "valuables"?
General
Does the Act pertain to auctions of second-hand goods?
Cash Converters would suggest that it should.