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Standard fact sheet.

Market stall holders 

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.

Do I require a licence when selling second-hand goods? 

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 further information from the Australian Business Licence and Information Service (ABLIS) on 13 32 20 or visit ABLIS (

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What are prescribed second-hand goods? 

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 2008.

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What are my obligations when selling products? 

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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Do I need to register a business name? 

When a business operates under a name other than that of the proprietor, that name must be registered under the Business Names Registration Act 2011 (Cth). Business names are administered by the Australian Securities and Investments Commission (ASIC). For more information about business names or to register, cancel or search for a business name, visit ASIC’s website at

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