Article 1The purpose of this Act is to prevent theft and other crimes and contribute to the prompt recovery of losses, by imposing necessary regulations etc. on operations relating to the secondhand goods business, in order to prevent the sale and purchase of stolen property etc. and to ensure that it is found promptly.

Article 2(1)In this Act, the term "secondhand goods" means goods that have been used in the past (including collectible works of art, gift certificates, passenger tickets, postage stamps, and other similar vouchers and other items specified by Cabinet Order, but excluding large machinery (meaning ships, aircraft, machine tools, and other similar objects) specified by Cabinet Order; the same applies hereinafter), or, goods that have been purchased, consigned, or traded for use but are no longer used, or goods as described above that have been maintained to some degree.

(2)In this Act, the term "secondhand goods business" means the businesses listed as follows:

(3)The term "secondhand goods dealer" as used in this Act, means a person who, after receiving a permit under the provisions of the following Article, operates a business engaging in the activities set forth in item (i) of the preceding paragraph.

(4)The term "secondhand goods market owner" as used in this Act means a person who, after receiving a permit under the provisions of the following Article, operates the type of business set forth in paragraph (2), item (ii).

(5)The term "secondhand goods auction broker" as used in this Act means a person who operates a secondhand goods auction brokerage.

Article 11(1)A secondhand goods dealer must carry a permit when peddling or carrying out an auction.

(2)A secondhand goods dealer must, when they have a worker such as an agent, employee (hereinafter referred to collectively as "agent") engage in peddling, have the agent carry a peddler's employee card with them, in the form prescribed in the National Public Safety Commission Rules.

(3)When peddling, a secondhand goods dealer or its agent, etc. must present a permit or a peddler's employee card prescribed in the preceding paragraph upon the request of the counterparty to the transaction.

Article 12(1)A secondhand goods dealer or a secondhand goods market owner must post a sign in the form prescribed by the National Public Safety Commission Rules in a place easily visible to the public at each of their places of business, temporary stores, or secondhand goods markets.

(2)A secondhand goods dealer who intends conduct transactions using the method prescribed in Article 5, paragraph (1), item (vi), must make its name, the name of the Public Safety Commission that granted permission, and the secondhand goods dealer's permit number, as well as the particulars concerning the secondhand goods the secondhand goods dealer handles, available for public inspection through an automated public transmission by connecting to an electric telecommunications line.

Article 13(1)A secondhand goods dealer or a secondhand goods market owner must appoint one manager for each place of business or secondhand goods market as the responsible person in charge of properly conducting the business relating to the place of business or the secondhand goods market.

(2)A person who falls under any of the following items may not become a manager:

(3)A secondhand goods dealer or a secondhand goods market owner must endeavor to have a manager acquire the knowledge, skills, or experience specified by the National Public Safety Commission Rules as necessary for determining whether the secondhand goods the person handles are illicit goods.

(4)If a manager has violated any provisions listed laws and regulations relating to the manager's duties, the Public Safety Commission may recommend the secondhand goods dealer or the secondhand goods market owner to dismiss the manager if it finds that person unfit to act as a manager due to the circumstances.

Article 14(1)A secondhand goods dealer must not receive secondhand goods from a person other than a secondhand goods dealer at any place other than the place of business, or the domicile or residence of the counterparty to the transaction, for purchase or exchange, or on consignment for sale or exchange; provided, however, that this does not apply to cases in which the secondhand goods business is being operated at a temporary store, if the dates, times, and location of the secondhand goods business are reported in advance to the Public Safety Commission with jurisdiction over that location.

(2)A secondhand goods dealer that does not have a place of business within the jurisdictional district of the Public Safety Commission prescribed in the proviso of the preceding paragraph may file a notification under the provisions of the same proviso via the Public Safety Commission with jurisdiction over the location of its place of business.

(3)In a secondhand goods market, selling, purchasing or exchanging secondhand goods, or accepting secondhand goods on consignment for sale or exchange, is prohibited, except between secondhand goods dealers.

Article 15(1)When a secondhand goods dealer intends to purchase or exchange secondhand goods, or accept secondhand goods on consignment for sale or exchange, the secondhand goods dealer must take one of measures set forth in the in each of the following items in order to confirm the identity of the counterparty:

(2)Notwithstanding the provisions set forth in the preceding paragraph, the measures prescribed in the same paragraph are not required to be taken in the following cases:

(3)When a secondhand goods dealer who intends to purchase or exchange secondhand goods, or accept secondhand goods on consignment for sale or exchange, suspects that the secondhand goods may be illicit, the secondhand goods dealer must immediately report that fact to a police officer.

Article 16When a secondhand goods dealer receives or delivers secondhand goods for sale, purchase or exchange, or receives secondhand goods on consignment to sell, purchase or exchange, the secondhand goods dealer must enter, for each individual transaction, the following particulars in a register or equivalent document (hereinafter referred to collectively as "register") specified by the National Public Safety Commission Rules, or record them by electronic or magnetic means; provided, however, that this does not apply to items set forth in paragraph (2) of the preceding Article, or cases where the delivered secondhand goods are specified by National Public Safety Commission Rules as secondhand goods for which no entry or record is required.

Article 17With regard to secondhand goods to be purchased, sold, or exchanged in a secondhand goods market, a secondhand goods market owner must, for each transaction, enter in the register or record by electronic or magnetic means, the particulars prescribed in items (i) through (iii) of the preceding Article, and, the addresses and names of the parties to the transaction.

Article 18(1)A secondhand goods dealer or a secondhand goods market owner must keep the register. prescribed in the preceding two Articles at the place of business or the secondhand goods market for three years from the date of the last entry, or store the records in electronic or magnetic means prescribed in the preceding two Articles for three years from the date of the recording so that it can be immediately indicated in writing at the place of business or the secondhand goods market.

(2)When a register, or the electronic or magnetic records prescribed in the preceding two Articles, are damaged, lost, or destroyed, a secondhand goods dealer or a secondhand goods market owner must immediately notify the chief of the police station with jurisdiction over the location of the place of business or secondhand goods market.

Article 19(1)When the Superintendent General, the Chief of Prefectural Police Headquarters, or the Chief of a Police Station (hereinafter referred to collectively as the "Chief of Prefectural Police Headquarters, etc.") finds it necessary to do so, they may issue in writing to a secondhand goods dealer or a secondhand goods market owner, a report of stolen property or property acquired through other acts that constitute property crimes (hereinafter referred to collectively as "stolen property, etc.").

(2)When a secondhand goods dealer or a secondhand goods market owner receives a stolen property report issued under the provisions of the preceding paragraph, they must record the date on which the report arrived on the document relating to the stolen property report and store it for six months from the date of arrival; provided, however, that the date of arrival need not be written on a report using an electronic data processing system prescribed in Article 6, paragraph (1) of the Act on the Promotion of Administrative Affairs through the Use of Information and Communications Technology (Act No. 151 of 2002) under the provisions of Article 7, paragraph (1) of that Act.

(3)If a secondhand goods dealer is in possession of the relevant secondhand goods on the day the dealer receives a stolen property report, or receives secondhand goods corresponding to a stolen property report within the period prescribed in the preceding paragraph, the secondhand goods dealer must immediately notify a police officer to that effect.

(4)When secondhand goods corresponding to a stolen property report appear on the secondhand goods market for trading within the period prescribed in paragraph (2), the secondhand goods market owner must immediately notify a police officer to that effect.

(5)The provisions of Article 7, paragraph (3) of the Act on the Promotion of Administrative Affairs through the Use of Information and Communications Technology do not apply in relation to a stolen property report issued using an electronic data processing system prescribed in Article 6, paragraph (1) of the same Act.

Article 19-2Acts committed by a secondhand goods dealer (limited to individuals, excluding minors) in relation to the secondhand goods business may not be rescinded due to limitations on capacity.

Article 20If stolen or lost property is found among secondhand goods (excluding negotiable instruments payable to order, registered negotiable instruments payable to holder (meaning registered negotiable instruments payable to holder as prescribed in Article 520-13 of the Civil Code (Act No. 89 of 1896)), and bearer instruments) purchased or exchanged by a secondhand goods dealer, the victim, or the owner of the lost property may demand that the secondhand goods dealer return the stolen or lost property without compensation, even if the secondhand goods dealer acquired the stolen or lost property in question in good faith on the public market or from a business handling the same kind of goods; provided, however, that this does not apply after one year has passed from the time of the theft or loss.

Article 21If there are sufficient reasonable grounds to suspect that secondhand goods purchased or exchanged, or held on consignment for sale or exchange by a secondhand goods dealer are stolen property, etc., the Chief of Prefectural Police Headquarters, etc. may order the secondhand goods dealer to retain the relevant secondhand goods for a period not exceeding thirty days.

Article 21-2When a secondhand goods auction broker intends to receive a request for brokering from a person who intends to sell secondhand goods, the secondhand goods auction broker must endeavor to take measures to confirm the counterparty's identity.

Article 21-3If a secondhand goods auction broker suspects that secondhand goods that the counterparty to the brokering intends to sell is stolen property, etc., the secondhand goods auction broker must immediately report that fact to a police officer.

Article 21-4A secondhand goods auction broker who has arranged brokering for a person who intends to purchase or sell secondhand goods, must endeavor to prepare and keep records in writing or by electronic or magnetic means in accordance with National Public Safety Commission Rules.

Article 21-5(1)A secondhand goods auction broker may receive Public Safety Commission certification to the effect that the broker's method of conducting business conforms to the standards for methods that contribute to the prevention and prompt detection of the sale and purchase of stolen property, etc., as specified by the National Public Safety Commission.

(2)A secondhand goods auction broker who has received the certification prescribed in the preceding paragraph may display the fact that they have received the certification prescribed in that paragraph, under the provisions of National Public Safety Commission Rules.

(3)It is prohibited for any person to display the fact prescribed in that paragraph or display any fact confusingly similar to that fact, except in the case in the preceding paragraph.

(4)In addition to the matters prescribed in the preceding three paragraphs, application procedures, cancellation of certifications and other necessary particulars in connection with the certifications in paragraph (1) are prescribed by the National Public Safety Commission Rules.

Article 21-6(1)A person who operates a secondhand goods auction brokerage in a foreign country (limited to brokerages in which a person in Japan is the counterparty to the brokering) may receive Public Safety Commission certification to the effect that their method of conducting business conforms to the standards prescribed in paragraph (1) of the preceding Article, as specified by the National Public Safety Commission Rules.

(2)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to persons who have received the certification prescribed in the preceding paragraph, and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the certifications prescribed in the preceding paragraph.

Article 21-7If there is sufficient reasonable grounds to suspect that secondhand goods that a broker's counterparty intends to sell through brokering are stolen property, etc., a Chief of Prefectural Police Headquarters, etc. may order the secondhand goods auction broker to suspend the auction of the relevant secondhand goods.

Article 22(1)When a police official finds it necessary to do so, they may enter a secondhand goods dealer's place of business or temporary store, the place where secondhand goods are kept, a secondhand goods market, or a place of an auction prescribed in Article 10, paragraph (1) (except in cases prescribed in paragraphs (3) and (4) of the same Article) during business hours, inspect secondhand goods and registers (including documents prescribed in Article 18, paragraph (1) in which the records prescribed in the same paragraph are recorded; the same applies in Article 35, item (iii)), and question relevant persons.

(2)In cases referred to in the preceding paragraph, the police official must carry an identification card and present it to the relevant persons.

(3)When a Chief of Prefectural Police Headquarters, etc. finds it necessary to do so, they may ask a secondhand goods dealer, secondhand goods market owner, or secondhand goods auction broker to make the necessary report on the stolen property, etc.

(4)The provisions of the preceding paragraph apply mutatis mutandis to a person who has received the certification prescribed in Article 21-6, paragraph (1).

Article 23(1)If a secondhand goods dealer or a secondhand goods market owner, or their agent, etc., has violated the provisions of this Act, orders based on this Act, or other laws and regulations with regard to the secondhand goods business, and it is recognized that preventing the sale or purchase of the stolen property, etc., or promptly finding the stolen property, etc. is likely to be significantly hindered, the Public Safety Commission with jurisdiction over the location of the principal place of business of the secondhand goods dealer or the secondhand goods market owner, or the location of the secondhand goods market, may instruct the secondhand goods dealer or the secondhand goods market owner to take necessary measures to ensure the proper conduct of the business.

(2)If a secondhand goods dealer or secondhand goods market owner, having the principal place of business or secondhand goods market in the jurisdictional district of another Public Safety Commission and conducting secondhand goods business in the jurisdictional district of a Public Safety Commission, or their agent, etc., has violated any of the provisions of this Act, orders based on this Act, or other laws and regulations, with regard to its secondhand goods business in the jurisdictional district of the Public Safety Commission, and it is recognized that the prevention of the sale or purchase of stolen property, etc., or the prompt detection of stolen property, etc. is likely to be significantly hindered, then the Public Safety Commission may instruct the secondhand goods dealer or the secondhand goods market owner to take necessary measures to ensure the proper conduct of its business.

Article 24(1)If a secondhand goods dealer or a secondhand goods market owner, or their agent, etc. have violated any of the provisions of this Act, orders based on this Act, or other laws and regulations with regard to the secondhand goods business, and it is recognized that prevention of the sale or purchase of stolen property, etc., or the prompt detection of stolen property, etc. is likely to be significantly hindered, or if a secondhand goods dealer or a secondhand goods market owner has violated any disposition issued based on this Act (including instructions under the provisions of the preceding Article), then the Public Safety Commission with jurisdiction over the location of the principal place of business of the secondhand goods dealer or the secondhand goods market owner, or the location of the secondhand goods market, may cancel the secondhand goods dealer or secondhand goods market owner's permit to engage in the secondhand goods business, or order the secondhand goods dealer or the secondhand goods market owner to suspend the secondhand goods business, either in whole or in part, for a specified period of time not exceeding six months.

(2)If a secondhand goods dealer or a secondhand goods market owner, or their agent, etc., that has their principal place of business or secondhand goods market in the jurisdiction of another Public Safety Commission and conducts secondhand goods business in the jurisdiction of a Public Safety Commission, has violated any of the provisions of this Act, orders based on this Act, or other laws and regulations, with regard to its secondhand goods business in the jurisdiction of the Public Safety Commission, and it is recognized that preventing the sale or purchase of stolen property, etc., or promptly finding the stolen property, etc. is likely to be significantly hindered, or if a secondhand goods dealer or a secondhand goods market owner has violated a disposition under this Act (including instructions under the provisions of the preceding Article), then the Public Safety Commission may order the secondhand goods dealer or the secondhand goods market owner to suspend their secondhand goods business, either in whole or in part, for a specified period of time not exceeding six months.

Article 25(1)When a Public Safety Commission intends to order the suspension of business of a secondhand goods dealer or a secondhand goods market owner under the provisions of the preceding Article, the Public Safety Commission must conduct a hearing, notwithstanding the classification of procedures for hearing statements of opinions under the provisions of Article 13, paragraph (1) of the Administrative Procedure Act.

(2)In conducting a hearing relating to a disposition under the provisions of the preceding Article, a notice under the provisions of Article 15, paragraph (1) of the Administrative Procedure Act must be given at least one week prior to the date of the hearing, and public notice must be given regarding the date and location of the hearing.

(3)The proceedings on the date of the hearing relating to the disposition under the provisions of the preceding Article must be held in public.

Article 26In order to contribute to the prevention of the sale or purchase of stolen property, etc., the Public Safety Commission may provide information on stolen property, etc. to persons that request the provision of the information and are specified by the National Public Safety Commission Rules.

Article 27(1)If any event falling under any of the following items arises, the Public Safety Commission must report to the National Public Safety Commission the particulars specified by the National Public Safety Commission Rules. In this case, the National Public Safety Commission is to notify the respective Public Safety Commissions of the reported particulars.

(2)A Public Safety Commission must notify the Public Safety Commission with jurisdiction over the location of the principal place of business or the secondhand goods market of a secondhand goods dealer or a secondhand goods market owner, of the matters specified by the National Public Safety Commission Rules, if it finds that a secondhand goods dealer or a secondhand goods market owner, or their agent has committed a violation that constitutes grounds for a disposition prescribed in item (iii) of the preceding paragraph, or that a secondhand goods dealer or a secondhand goods market owner has violated a disposition prescribed in that item.

Article 28Affairs that fall under the authority of the Hokkaido Public Safety Commission under the provisions of this Act or a Cabinet Order based on this Act may be executed by the District Public Safety Commission under the provisions of the Cabinet Order.

Article 29If a Cabinet Order or a Rule of the National Public Safety Commission is enacted, revised, or abolished under the provisions of this Act, necessary transitional measures (including transitional measures concerning penal provisions) may be prescribed by the Cabinet Order or the National Public Safety Commission Rules to the extent considered reasonably necessary for the enactment, revision or abolition.

Article 30Beyond those prescribed in this Act, procedures for the implementation of this Act and other matters necessary for the enforcement of this Act are prescribed by the National Public Safety Commission Rules.

Article 31A person who falls under any of the following items will be punished by imprisonment for not more than three years or a fine of not more than one million yen:

Article 32A person who has violated the provisions of Article 14, paragraph (1) will be punished by imprisonment for not more than one year or a fine of not more than five hundred thousand yen.

Article 33A person who falls under any of the following items will be punished by imprisonment for not more than six months or a fine of not more than three hundred thousand yen:

Article 34A person who falls under any of the following items will be punished by a fine of not more than two hundred thousand yen:

Article 35A person who falls under any of the following items will be punished by a fine of not more than one hundred thousand yen:

Article 36A person who has committed a crime under Articles 31 through 33 may be penalized by both imprisonment and a fine under each of these Articles, depending on the circumstances.

Article 37A person who has violated the provisions of Article 19, paragraph (3) or (4) by negligence will be punished by penal detention or a petty fine.

Article 38If a representative of a corporation, or an agent of a corporation or individual has committed a violation under Articles 31 through 35 in connection with the business or property of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is subject to the fine referred to in the relevant Article.

Article 39A person who has violated the provisions of Article 8, paragraph (3) will be punished by a civil fine of not more than five hundred thousand yen.