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Second-Hand Goods Act, 2009 (Act No. 6 of 2009)

Chapter 9 : General Provisions

41. Regulations


1) The Minister may make regulations regarding—
a) any matter that in terms of this Act may or must be prescribed;
b) the form and manner in which an application required under this Act must be made;
c) all matters related to accreditation, including but not limited to—
i) the requirements regarding the business form of the dealers' association;
ii) the recommended code of conduct for each type of dealers’ association;
iii) the recommended disciplinary code for each type of dealers’ association; and
iv) guidelines for a fee structure;
d) standard conditions to which registration is subject;
e) conditions or exemptions with regard to dealing in different classes or kinds of second-hand goods;
f) conditions or exemptions with regard to members of accredited associations;
g) conditions with regard to dealing on different premises;
h) the lay-out of registered premises with regard to different second-hand goods or classes of second-hand goods;
i) the format of a certificate which may be issued under this Act;
j) the withdrawal or amendment of accreditation, registration or a certificate;
k) the format of any notice contemplated in this Act;
l) after consultation with the Minister of Finance, fees payable for accreditation, applications for registration or certificates;
m) the format and content of any registers;
n) the information to be furnished by dealers to consumers;
o) the times during which dealers may acquire and dispose of second-hand goods; and
p) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation and administration of this Act.


2) The Minister may make different regulations for different categories or classes of—
a) associations and dealers; and
b) second-hand goods or premises.


3) A regulation made under subsection (1) may provide for a penalty, for any contravention thereof or for a failure to comply therewith, of a fine or imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.