Promoters are people who:

• carry on a business of letting or otherwise providing space to stallholders
• for the purpose of running a market or fair
• at which, any of the stalls are or may be used for the purpose of secondhand dealing.

Although they do not have to be licensed or certified, they do have to fulfil certain requirements imposed on them by the Act.

Requirements for promoters

Record keeping requirements

All promoters must keep a "promoters record".

If you are a promoter, your "promoters record" must show, with respect to every market or fair at which you have provide space to stallholders:

• the date or dates on, or the period during, which the market or fair operates
• the location of the market or fair.

Your "promoter record" must also show, in relation to every stallholder who proposes to sell secondhand articles or scrap metal at the market or fair, the stallholder's:

• full name
• date of birth
• contact address
• contact number, if any
• signature.

You must also record:

• if the stallholder holds a licence or certificate, the number of that licence or certificate; and
• if the stallholder does not hold a licence or certificate, a record of how the promoter verified the identity of the stallholder.

Verifying the identity of the stallholder

For the purposes of a "promoters record" there are only two acceptable ways of verifying a stallholder's identity. Those are by:

• sighting the person's authorised identification; or
• personal knowledge.

If, as a promoter, you choose to verify a person's identity from personal knowledge and incorrectly record any of these details in your "promoters record" you will be deemed to have made a false entry.

Storage of "promoters record"

You must keep your "promoters record" for 12 months from the date of the market or fair to which it relates. You must also, when required to do so by a member of Police make and give that copy of all, or part of your "promoters record" to Police.

Offences relating to promoters

If you are a promoter you would commit an offence, and attract, on conviction, a fine of up to $10,000, if you:

• failed to record all the details required in your "promoters record";
• made a false entry on your "promoters record"; and
• failed to give Police a copy of your "promoters record" or any part thereof.