AUCTION or auctioneer related or connected functions require registration as a second-hand goods dealer in terms of the Second-Hand Goods Act, 2009 (Act 6 of 2009).
- Any person conducting auctions on any premises inclusive of flea markets or closed auctions.
- Any person who generates an income out of disposing of goods by means of utilising electronic platforms such as Bid-or-Buy, OLX, Facebook, Junk Mail, newspapers or any other similar platforms or media on a regular basis.
- Any person who drives around in the Republic of South Africa in a motor vehicle or similar means of transport in order to acquire second hand items or property from anywhere in the Republic of South Africa in order to dispose of such items or property by means of auction on premises leased for a limited time in any city or town in the Republic of South Africa.
- Any person who was recruited by an auctioneer as a buyer or agent, and who works on a commission base on behalf of such auctioneer to acquire second-hand items or property and dispose of such items or property by means of an auction.
In terms of section 42(1) (a) of the Second-Hand Goods Act, 2009 (Act 6 of 2009), any second hand item or property sold or disposed of by way of a public auction, authorised by a warrant of execution under a judgement or order of a court of law, is excluded from the provisions of the mentioned legislation.
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The implication thereof is that where an auctioneer only acquires or disposes of second-hand items or property for the purpose of executing a warrant under a judgement order of a court of law, such auctioneer does not have to be registered as a second-hand goods dealer, example: The Sherriff of Court.
Agents or people who are recruited on behalf of another person, irrespective whether it is on a salary or commission basis, to acquire or dispose of items or goods by means of utilising electrical platforms such as Bid-or-Buy, OLX, Facebook, Junk Mail, newspapers or any other similar platforms or media on a regulars basis, or conducting a business via such platforms must be registered as a dealer in terms of the Second-Hand Goods Act.
If you operate your business within the Brighton Beach policing precinct and are not sure whether you must be registered in terms of the Second-Hand Goods Act, 2009 (Act 6 of 2009), forward your enquiry to W/O van der Merwe via email at vandermerweA4@saps.gov.za.
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