A guide for business

These guidelines have been developed to assist market stall holders. They are a guide only and not a substitute for legal advice. If you are unsure of your obligations you should refer to the Australian Consumer Law and the Pawnbrokers and Second-hand Dealers Act 1996.

Yes, if you are selling prescribed second-hand goods or trade in prescribed second-hand goods more than 6 days in a 12 month period, you are required to hold a second-hand dealers licence.

You can obtain an application form and further information from the Business Licence Information Service on 13 32 20 or visit blis.fairtrading.nsw.gov.au

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Prescribed second-hand goods are:

• items of jewellery (including watches) that include gemstones or precious metals
• gemstones and precious metals
• sporting and recreational goods
• musical instruments (but not including pianos other than electric or electronic pianos
• photographic equipment (including digital cameras and digital imaging equipment)
• portable engine-powered, motorised, or air-powered tools and equipment
• microwave cookers and other electric or electronic goods (other than refrigerators, washing machines or other ‘whitegoods’)
• computer hardware and interactive game consoles
• computer software and interactive game software
• compact (laser-read) discs (including compact discs, digital video discs and mini discs), and similar items that are used or designed for use with electric or electronic audio, visual or audio-visual systems global positioning system equipment
• watercraft and parts of watercraft
• tool kits
• car accessories
• mobile phones
• devices designed to play digital audio files  (such as MP3 players and iPods).

For more information, see the Pawnbrokers and Second-hand Dealers Act 1996 and the Pawnbrokers and Second-hand Dealers Regulation 2003.

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Safe products

When selling products you have a legal obligation to provide goods that will be safe for use. As a business, it is your obligation to ensure that the goods you are supplying are free from defects that may cause injury.

Certain goods sold must comply with safety requirements before they can be sold (eg. baby dummies, bicycles and childrens toys) and certain information must be supplied to consumers when the product is purchased.

You may also be required to provide further information to consumers on certain types of products, such as clothing (eg. care instructions).

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You will need to register a business name if you are using a name other than your own to conduct business.

The business name must appear on all documents used in connection with the business.

The Business Registration Certificate (issued by Fair Trading) must be highly visible at each market stall. If there are multiple stalls the Certificate should be displayed at the principle stall.

You can obtain an application form and further information from the Business Licence Information Service on 13 32 20 or visit blis.fairtrading.nsw.gov.au

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