Sue owns a shop called Cut Price Goods. One of the goods for sale is a watch. It is in its original box. Sue tells you that she acquired it from Bill. Sue says that Bill informed her that he had tried on the watch in the Watches for You shop. Upon purchasing it from that store and taking it home in its box, Bill had a change of mind about it and that is why he sold it to Sue. He says he did not take the watch out of the box after he purchased it. During a period when Sue's shop is open, a police officer (Jake) enters the shop and asks to see the watch that Bill had sold to Sue. Jake asks Sue whether she is registered as a second-hand dealer under Part 2 of the Second-Hand Dealers and Pawnbrokers Act 1989 (Vic) ('the 1989 Act'). Sue says she is not. The police officer mutters 'That's a pity'. He then leaves the store. Later that day, Sue comes to your law firm for advice. She relates the events of earlier that day and adds that she has acquired other watches in similar circumstances to that pertaining to Bill. A partner in your firm (Mary) asks you to answer this question: whether, in relation to the watch Sue has for sale and other goods acquired by Sue in similar circumstances, Sue has breached s 5(1) of the 1989 Act by carrying on business as a second-hand dealer without being registered as such. Answer that question. In the course of answering the question, interpret 'worn or otherwise used' in the definition of 'second-hand goods' in s 3(1) of the 1989 Act. Assume its legal meaning is in the issue. Students are expected to obtain, examine, and draw on where they are useful the following extrinsic materials relating to the Bill that became the 1989 Act:

 • Law Reform Commission of Victoria and Regulation Review Unit, Second Hand Dealers, Marine Stores Dealers and Pawnbrokers (Discussion Paper 3, 1988) 

• the Explanatory Memorandum, Second-Hand Dealers and Pawnbrokers Bill 1989 (Vic) 

• the speech made to a House of Parliament by a Minister on the occasion of the moving that Minister of a motion that the Second-Hand Dealers and Pawnbrokers Bill 1989 (Vic) be read a second time in that House. 

 Answer the questions in the following order with details. 

2. Unit of Inquiry 

 3. arguments for construction of Sue 

a. Unit of inquiry 

b. The remainder of act 

c. Legislative history 

d. Wider context 

4. arguments for construction of Prosecution 

 e. Unit of Inquiry

 f. Remainder of act 

g. Legislative history 

h. Wider context

Answer rating: 100% (QA)

2 Unit of Inquiry The unit of inquiry in this case is whether Sue has breached s 51 of the SecondHand Dealers and Pawnbrokers Act 1989 Vic the 1989 Act by carrying on business as a secondhand dealer w... View the full answer