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Section 2

Interpretation

of Second-Hand Dealers Act 1946

ActIn forceProvision 2 of 22
Section 2

(1)

In this Act, unless the context otherwise requires—

“district” means any area administered as a Police district or sub-district;

“licensed dealer” means a dealer licensed under this Act or exempted from being so licensed who deals in second-hand goods only, or in such goods together with goods which are not second-hand;

“licensing officer” means the Chief Police Officer and includes any police officer to whom he may have deputed his powers under section 3;

6 Laws of Malaysia ACT 189

“Minister” means the Minister charged with responsibility for the regulation of dealers in second-hand goods;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“motor vehicle part” means any component part of a motor vehicle and any tyre, tube, lamp, tool or other fitting, accessory, attachment or equipment of a motor vehicle;

“person” includes a firm or a person carrying on business in a firm’s name;

“shop” includes a house, place of business or other premises;

“stolen property” means property the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust or cheating has been committed, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without Malaysia; but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property;

“Peninsular Malaysia” has the meaning assigned thereto by section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory.

Presumption

(2)

Every person in whose possession second-hand goods are found apparently exposed for sale, or who is found in possession of second-hand goods in an unusual quantity, shall be deemed, until the contrary is proved, to be a dealer in second-hand goods.

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Exemption

(3)

Nothing in this Act shall apply to the repurchase by a goldsmith or jeweller of articles of jewellery sold by him.