* Scrap Metal Industry Act 2016 review - The NSW Police Force is seeking feedback on how scrap metal is regulated in NSW. Visit the Have Your Say page for information. *
Scrap Metal Industry Act 2016
The purpose of the Scrap Metal Industry Act 2016 is to provide for the regulation of the scrap metal industry primarily to assist police in addressing property crime, including the theft and disposal of stolen motor vehicles, copper and other metal at scrap metal yards.
Regulatory measures provided for by the Act include:
- require persons who carry on a business of dealing in scrap metal (scrap metal dealers) to register the business with the Commissioner of Police
- prohibit scrap metal dealers from paying cash for scrap metal
- require scrap metal dealers to keep and maintain records of transactions for buying scrap metal, including details of the person selling the scrap metal
- require scrap metal dealers to report suspicious transactions to the police
- prohibit scrap metal dealers from accepting a motor vehicle (or any motor vehicle body, engine or chassis) as scrap metal if it does not display its identification details
- provide for short-term and long-term closure orders in respect of premises at which a scrap metal business is being carried on if the business is not registered under the proposed Act or serious criminal offences have been committed on the premises
- authorise police officers without a warrant to enter premises at which a scrap metal business is being carried on to investigate contraventions of the proposed Act and to search, take photographs and recordings and seize and copy records; and to provide for other regulatory measures in respect of the scrap metal industry.
The Public Register of Scrap Metal Dealers will be maintained by the NSW Police Force Security Licensing & Enforcement Directorate (SLED) and made available for inspection on the NSW Police Force website.
Businesses must register before 1 March 2017, which is when the offence provisions in the Act commence.
Scrap Metal Industry Regulation 2016
The Scrap Metal Industry Regulation 2016, which supports the Scrap Metal Industry Act 2016 ,has been made and clarifies:
- that a scrap metal dealer is exempted from recording the unique identifier of a motor vehicle if the vehicle was crushed, cubed or shredded prior to the transaction relating to that motor vehicle occurred.
- that aluminium cans are excluded from the definition of "scrap metal" in the Act, meaning scrap metal dealers can pay cash for these items
- the types of photo identification that can be used by individuals selling scrap metal
The Regulation also provides that the fee to register a scrap metal business is $210 for three years' registration and outlines the penalty notice amounts for offences contained within the Act.
Copies of both the Scrap Metal Industry Act 2016 and the Scrap Metal Industry Regulation 2016 can be obtained from the website www.legislation.nsw.gov.au
Scrap Metal Industry Fact Sheets
- Registration of Scrap Metal Dealers (PDF, 534 KB) - This Fact Sheet provides information on requirements relating to the registration of scrap metal dealers arising from the commencement of the Scrap Metal Industry Act 2016 on 1 March 2017.
- Record Keeping by Scrap Metal Dealers (PDF, 524 KB) - This Fact Sheet provide information on requirements relating to record keeping by scrap metal dealers arising from the commencement of the Scrap Metal Industry Act 2016 on 1 March 2017.
- Motor Vehicles as Scrap Metal (PDF, 345 KB) - This Fact Sheet provides information relating to motor vehicles as scrap metal arising from the commencement of the Scrap Metal Industry Act 2016 on 1 March 2017.
- Frequently Asked Questions (PDF, 345 KB) - This Fact Sheet provides information relating to frequently asked questions arising from the commencement of the Scrap Metal Industry Act 2016 on 1 March 2017.
Scrap Metal Industry Public Register
The Scrap Metal Industry Public Register is current as at a point in time and not real-time.
The date and time the information is current at is displayed at the top of the register.
If you would like to confirm the registration status of a scrap metal business that does not appear on the register, please telephone the SLED Contact Centre on 1300 362 001 (Monday to Friday, 8.30am-4.30pm).
Sample Transaction Record
Transaction records MUST be maintained on the scrap metal business premises in the form and manner approved by the Commissioner of Police. The records can be either electronic or in hard copy format providing all the required information is recorded.
The below "Sample Transaction Record", which contains the minimum information required by the legislation to be recorded for each transaction, may be used by scrap metal dealers.
Sample Transaction Record (MS Word)