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 Australian Business Licence and Information Service (ABLIS) on 13 32 20 or visit ABLIS (ablis.business.gov.au).
Prescribed second-hand goods are:
For more information, see the Pawnbrokers and Second-hand Dealers Act 1996 and the Pawnbrokers and Second-hand Dealers Regulation 2008.
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).
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 www.asic.gov.au
Get a free copy of Adobe Acrobat Reader so you can access PDF versions of our information.