Question
It is Wednesday 3 December 2025 when you asked by Bill Bloggs for legal advice. Now for some background. Bill Bloggs is a second-hand dealer,
It is Wednesday 3 December 2025 when you asked by Bill Bloggs for legal advice. Now for some background.
Bill Bloggs is a second-hand dealer, dealing in second-hand goods.
On Friday 21 November 2025 Bill received a watch (watch A). This watch was sold on Saturday 29 November 2025.
On Saturday 22 November 2025 Bill received another watch (watch B). This watch has not been sold or otherwise disposed of.
On Saturday 29 November 2025 Bill received another watch (watch C). This watch has not been sold or otherwise disposed of.
On Tuesday 2 December 2025 Bill signs an agreement to purchase another watch (watch D). Under the agreement Bill is to receive the watch on Wednesday 3 December 2025.
From Bill's enquiries, you gather that Bill wants to know
- whether he lawfully disposed of (sold) watch A
- whether he can lawfully dispose of (sell) watches B, C and D today. And if he cannot sell any today he wants to know the earliest date and time on which each can be sold.
In the course of researching the matter, you discover that on Wednesday 3 December 2025 the Victorian Parliament amended the Second-Hand Dealers and Pawnbrokers Act 1989 (Vic) ('the 1989 Act') by passing the Second-Hand Dealers and Pawnbrokers Amendment Act 2025 ('the 2025 Act'). In the 2025 Act s 21(1) of the 1989 Act was amended by substituting '14 days' for '7 days'. The provision now reads
'For 14 days after receiving second-hand goods ....'
Now answer these questions:
2.1 Did Bill lawfully dispose of watch A?
2.2 Can Bill dispose of watch B today and, if not, what is the earliest date and time on which he can?
2.3 Can Bill dispose of watch C today and, if not, what is the earliest date and time on which he can?
2.4 Can Bill dispose of watch D today and, if not, what is the earliest date and time on which he can?
Assume Bill received watch D on Wednesday 3 December 2025.
In answering the questions assume watch A, watch B, watch C and watch D were all second-hand goods when they came into Bill's possession.
In the course of answering each of the questions, determine whether the relevant law is s 21 of the 1989 Act as amended by the 2025 Act, or s 21 in the form it was prior to that amendment.
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