This Act may be cited as the Second-hand Dealers Amendment Act, 1934, and shall be read together with and deemed part of the Second-hand Dealers Act, 1908 (hereinafter referred to as the principal Act).

Section two of the principal Act is hereby amended by omitting from the definition of the term “Second-hand dealer” all words after the words “purchasing, selling, or exchanging second-hand articles”.

This section shall come into force on the first day of April, nineteen hundred and thirty-five.

Every second-hand dealer’s license granted under section four of the principal Act, and in force on the thirty-first day of March, nineteen hundred and thirty-five, shall cease to have effect at the close of that day unless application for a license under the next succeeding section has then been duly made and has not been disposed of, in which case it shall continue in force until such application is granted or refused.

Every application for a second-hand dealer’s license under the principal Act to take effect at any time after the thirty-first day of March, nineteen hundred and thirty-five, shall be in the form numbered (1) in the First Schedule hereto, and shall be lodged at the Magistrate’s Court nearest by the most convenient route to the place named in the application as the place of business or proposed place of business of the applicant, or to the residence of the applicant where he is an itinerant dealer having no settled place of business.

Where any person proposes to carry on business as a second-hand dealer at more than one settled place of business he shall make separate application for a second-hand dealer’s license in respect of each such place, but all such applications shall be lodged at the same Magistrate’s Court which shall be the Court nearest by the most convenient route to his residence in any case where, if such several applications were made by different persons, they would, pursuant to the last preceding subsection, be lodged at different Courts.

Every such application shall be dealt with by a Stipendiary Magistrate exercising jurisdiction in the Magistrate’s Court at which it is lodged.

The Magistrate, if satisfied that the foregoing provisions of this section have been complied with and that the applicant is a fit and proper person to be the holder of a second-hand dealer’s license, shall, on payment of a fee of five shillings in respect of each license, or a fee of ten shillings where the license is in respect of both a settled place of business and itinerant dealing, issue such a license or licenses to the applicant:

Provided that where two or more applications for licenses are made by the same person the Magistrate shall issue a license or licenses in respect only of the place or places where he is satisfied that the carrying on of his business can be effectively supervised by the applicant.

The Magistrate may, in his discretion, accept, as sufficient evidence of the applicant being a fit and proper person as aforesaid, a certificate in the form numbered (2) in the First Schedule hereto from the Chief Officer of Police in the locality in which is situated the applicant’s place of business or proposed place of business, or, in the case of an itinerant dealer, his place of residence.

Every second-hand dealer’s license shall be in the form numbered (3) or the form numbered (4) or the form numbered (5) in the First Schedule hereto, as the case may require, and shall take effect according to the tenor and subject to the conditions of the license. Where more than one license is issued to any person there shall be endorsed on each such license a note of every other such license.

Every second-hand dealer’s license shall, unless sooner cancelled, cease to have effect at the close of the thirty-first day of March next following the day on which it is expressed to take effect.

The Clerk of the Magistrate’s Court at which any second-hand dealer’s licenses are issued under this section shall, in such form as may from time to time be prescribed by the Governor-General by Order in Council in that behalf, keep a register of all such licenses.

Where the holder of a second-hand dealer’s license changes any place of business in respect of which he holds a license or, being an itinerant dealer, changes his residence or extends the area within which he carries on business, he shall forthwith give notice of such change or extension to the Clerk of the Court, who shall note such change in the register.

Sections four, five, and six of, and the Second Schedule to, the principal Act are hereby repealed.

This section shall come into force on the first day of April, nineteen hundred and thirty-five.

Every holder of a second-hand dealer’s license who, after the passing of this Act, acquires by way of purchase or exchange otherwise than from a licensed second-hand dealer any second-hand article for the time being included in the Second Schedule hereto shall retain the same in his possession for not less than one month before disposing of it or in any way altering its condition or appearance so as to make it not readily identifiable.

The Governor-General may from time to time, by Order in Council, add to or remove from the Second Schedule hereto any class or classes of articles, and every such Order in Council shall have effect according to its tenor.

Section eight of the principal Act is hereby amended as follows:—

Every holder of a second-hand dealer’s license shall at all reasonable times on demand at his shop or place of business, or, in the case of an itinerant dealer, on demand at his residence or wherever he may be for the time being in the course of his business, produce his license to any constable and permit such constable to inspect such shop or place of business, or any other place where articles acquired by him in the course of his business are for the time being kept, and to inspect all such articles in his possession and the book required by section eight of the principal Act to be kept by him.

This section is in substitution for section nine of the principal Act, and that section is hereby accordingly repealed.

This section shall come into force on the first day of April, nineteen hundred and thirty-five.

Where the holder of a second-hand dealer’s license is convicted of any offence under this Act or the principal Act, or of any offence punishable under any other Act by imprisonment, the Court may, in addition to any other penalty, cancel such license and any other second-hand dealer’s license held by him, and shall cause notification of such cancellation to be sent to the Clerk of the Court at which any such license was issued.

Where any license is cancelled as aforesaid it shall forthwith be returned by the holder to the Clerk of the Court at which it was issued.

This section is in substitution for section twelve of the principal Act, and that section is hereby accordingly repealed.

This section shall come into force on the first day of April, nineteen hundred and thirty-five.

The holder of a second-hand dealer’s license issued under section four hereof who permits any person to manage, superintend, or conduct his business as a secondhand dealer under such license during his absence for a longer period than fourteen days without the previous approval, endorsed on such license, of a Stipendiary Magistrate exercising jurisdiction in the Court at which the license was issued, shall be deemed to have forfeited such license at the close of such fourteen days and shall be liable to a fine of five pounds for every day on which such business is carried on after such forfeiture.

Section thirteen of the principal Act is hereby amended by omitting all words after the word “shall”, and substituting the words “be paid into the Public Account to the credit of the Consolidated Fund”.

Notwithstanding anything contained in the said section thirteen, as amended by the last preceding subsection, all license fees paid to local authorities after the passing of this Act in respect of second-hand dealers’ licenses issued by such local authorities before the first day of April, nineteen hundred and thirty-five, shall be disposed of as if the said section thirteen had not been amended by this section.

Section eleven of the principal Act shall apply with respect to any failure by any person to comply with any of the provisions of this Act or any condition of any license issued under section four hereof.

Every person who makes any statement in any application for a second-hand dealer’s license knowing the same to be false in any particular commits an offence and is liable on summary conviction to a fine of fifty pounds or to imprisonment for three months, or to both such fine and imprisonment.