Second-Hand Dealers Act

In this Act-

"goods" in the expression "second-hand goods"

does not include any of the goods specified for the time being in the Schedule to this Act;

...

"licensed dealer" means a dealer in second-hand goods only, or in such goods together with goods which are not second-hand, licensed under this

Act;

"person" includes a firm or a person carrying on business in a firm's name;

"shop" includes a house, place of business or other premises;

"stolen property" means property the possession whereof has been transferred by theft or extortion or robbery, and property which has been criminal-ly misappropriated or in respect of which criminal breach of trust or cheating has been committed, whether the transfer has been made or the mis-appropriation or breach of trust or cheating has been committed within or without Brunei; but if such property subsequently comes into the posses-sion of a person legally entitled to the possession thereof, it then ceases to be stolen property.

Every person in whose shop second-hand goods are found apparently exposed for sale or who is found in possession of second-hand goods to an unusual quantity shall be deemed, until the contrary is proved, to be a dealer 3 3 of 1933

(Cap. 65 of .

1951)

S.99/59

B.R.O.N. 13.

Such exemption may be cancelled at any time by the licensing officer.

Every licensed dealer shall keep his licence posted in a conspicuous place in his shop.

Every licensed dealer shall keep exhibited at or over the outer door of his shop a sign-board of such size and in such position as the licensing officer directs, which sign-board shall have printed thereon the words "Licensed deal-er in second-hand goods."

shall be issued by the licensing officer on payment of the prescribed fee and be in such form and subject to such conditions as may be pre-scribed;

shall expire on the 31st day of December of the year in which it is issued;

shall in every case be liable to cancellation by the licensing officer with the approval of the

Minister;

shall not be transferable without the consent of the licensing officer and payment of the pre-scribed fee.

Every licensed dealer shall keep in his shop-

Such books shall be produced for examination at any time between 7.00 a.m. and 9.00 p.m. on demand by any magistrate, the licensing officer, any police officer not below the rank of sergeant or any police officer specially authorised in writing by the licensing officer to act under this

Act.

Issue of licenses 5

Keeping proper books of account

B.L.R.O.l/J984

6

Information to be given by police to licensed dealers of stolen and lost property

Power to enter any licensed dealers'

shops, etc.

Police officers may arrest persons loitering in suspicious circumstances

Second-hand Dealers

Any licensed dealer who fails to comply with any requirement of this section shall be g11ilty of an offence:

Penalty, a fine of $500 for the first offence and a fine of

$2,500 or imprisonment for 3 months for the second or any subsequent offence.

If any property answering such lists and descrip-tions is in the possession of any licensed dealer or is thereaf-ter offered to or shown to any licensed dealer, he shall, without unnecessary delay, give information to that effect at the nearest police station or to any police officer, with the name and address of the person in whose possession the property was seen, and in default thereof he shall be liable on conviction to a fine of $1,000.

The licensed dealer in such case may also detain the person offering or showing such property until the arriv-al of the police.

·'

Any police officer, having reason to believe that a person in or loitering about a licensed dealer's shop in suspi-cious circumstances has with him any stolen property, may detain such person and require him to produce any property which he has with him.

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Second-hand Dealers

If any property is produced which the police officer has reason to suspect to be stolen property, he may take or cause to be taken the person and the property to the nearest police station there to be dealt with according to law.

If any person so required to produce such prop-erty refuses to be searched, the police officer may take him or cause him to be taken before a magistrate who, if he sees fit, may search or order to be searched such person and if any such property is found, may detain him with the proper-ty so found to be dealt with according to law.

The court may also adjourn the proceedings for the attendance of the licensed dealer and may summon him to attend at the adjourned hearing.

If after hearing the licensed dealer the court is of opinion that he has not exercised due care in purchasing any stolen property, it may order him to pay a fine of $1,000.

When any licensed dealer is liable under this Act to any fine or imprisonment or the cancellation of his licence for any act, omission or default, he shall be liable to the same fine, imprisonment or cancellation for any act, omis-sion, neglect or default of any agent or servant employed by him in the course of his business as such licensed dealer.

7

Delivery to owner of property etc.

Cap. 22

Liability of dealer and servant for acts of servant

B.L.R.O.l/1984

8

Power to make rules

Power to vary the Schedule

Second-hand Dealers

Every agent or servant employed by a licensed

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dealer in the course of his business as such licensed dealer shall also be liable to every fine or punishment prescribed for such acts, omission, neglects, or defaults as if such agent or servant had been the person to whom such licence had been granted.

to prescribe the fees for licences and exemp-tion and transfers of licences under this Act;

to prescribe the form of the licences under this Act and the conditions to be indorsed thereon;

to prescribe the forms of exemptions under this Act;

to prescribe the books to be kept by licensed dealers and the particulars to be entered therein;

generally to carry out the purpose of this

Act.