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Prohibited Item List

Before listing your items for sale you must make sure it is allowed on Swapmeet and find out if there are any specific rules and conditions on how your item should be listed.

 

Sellers must also make sure that the sale of their item complies with all laws.

 

Swapmeet reserves the right to remove any prohibited and restricted items including those not on this list if they are considered inappropriate, illegal or are in breach of our Terms & Conditions agreement.

 

You may also be subject to other actions, including restrictions of your selling privileges and suspension of your account.

 

Any fees (if applicable) are non-refundable.

You are responsible for making sure that you are legally allowed to buy or sell an item.

 

Please see the list of prohibited and restricted items below before listing your item.

The list below is a guide and not intended to be an exhaustive statement of prohibited and restricted items.

 

 

Adult Related Items

Any images or content which is adult or sexually related in nature or inappropriate for people under 18 is not allowed to be listed on Swapmeet.

 

 

Agricultural & Veterinary Chemical Products

Unregistered agricultural and veterinary chemical products must not be listed on Swapmeet. All agricultural and veterinary chemical products offered for supply on Swapmeet must have an APVMA/NRA registration number. Swapmeet prohibits sellers from advertising any unregistered product that fits the Australian Pesticides and Veterinary Medicines Authority definition of an Agricultural Chemical product or Veterinary Chemical product. More Information can be found on the http://apvma.gov.au website.

 

 

Alcohol

You may only list alcohol or wine on Swapmeet if you have a valid licence to do so and are acting within the bounds of that licence.

 

You must:

  • Display your licence number on all listings.
  • Display the following notice on all listings for alcohol or wine: “It is against the law to sell or supply alcohol to or to obtain alcohol on behalf of a person under the age of 18 years”.
  • Ensure that all sales of alcohol or wine comply with relevant laws.
  • Comply with relevant rules and guidelines relating to the advertisement of alcohol.
  • Ensure that no alcohol or wine is purchased by or delivered to any person under the legal age to purchase alcohol.
  • Ensure you offer domestic postage only

 

Your Listing must also comply with the ABAC advertising code which can be found at http://www.abac.org.au

 

Swapmeet can, but is under no obligation to verify the validity of your licence to sell alcohol. If requested to do so by Swapmeet you must cooperate with a request to supply any further evidence in relation to your licence or right to list alcohol for sale. If for any reason Swapmeet is not satisfied that you are entitled to list alcohol or wine for sale, Swapmeet may remove any current listings for alcohol or wine placed by you without notice.

 

 

Animals, Animal Products, Organs or Body Parts

You must not list any illegal animal/wildlife products or internal organs including human parts & remains. You must not list any animals deemed to be restricted breeds under the Commonwealth Customs (Prohibited Imports) Regulations 1956. Pets can be listed in the Pets category. Note: Most pets MUST be at least 8 weeks old before they can be released. Ensure you follow state laws relating to vaccination, micro chipping and de sexing.

Commonwealth Customs (Prohibited Imports) Regulations 1956 LINK

 

 

Animal Traps - Steel Jaw Traps, Foot Hold Traps

Users must not list any working Steel Jaw or Foot Hold animal traps on Swapmeet. Steel Jaw or Foot Hold animal traps can only be listed in our collectables category when fully disabled and no longer operable for its intended purpose. It must be clearly outlined in the description of the listing that the trap has been rendered inoperable. It is illegal in various states of Australia to set Steel Jaw or Foot Hold animal traps for the purpose of trapping animals. 

 

Artefacts and Heritage Items
You must not list any Heritage or Artefact or items on Swapmeet.

 

Counterfeit, Copyright-infringing and Replica Items
You must not list items or include content which breaches any copyright or other intellectual property rights. Unauthorized replicas and counterfeits are not allowed to be listed on Swapmeet. If you are unsure if an item is genuine, do not list the item on Swapmeet.

 

Downloadable Media
Items that can be downloaded (digital) can only be listed by sellers that own the intellectual property rights or areauthorisedto distribute the intellectual property by the intellectual property owner.

 

Drugs and Drug Paraphernalia
You must not list any controlled prescription drugs herbal or chemical on Swapmeet. The sale of pipes, bongs or any other drug-taking paraphernalia is illegal and will not be allowed on Swapmeet.

 

Food
The term "food business" refers to a business, enterprise or activity that involves:

(1) the handling of food intended for sale; or
(2) the sale of food

Whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only, when listing food on Swapmeet, the following Australian standards must be adhered to:

Food packaging:

*       the packaging material used, must be fit for its intended purpose;

*       the material used must be deemed to be unlikely to cause food contamination; and

*       any threats of contamination must be eliminated during the packaging process

Food transportation:

*       when transporting food, all food must be protected from the likelihood of contamination;

*       All potentially hazardous food must be transported under the required temperature control; and all potentially hazardous food which is intended to be transported frozen, must remain frozen during the duration of the transportation.

All food listed on Swapmeet, must comply with the Food Safety Standards Australia.

More information here: http://www.foodstandards.gov.au/thecode/foodsafetystandardsaustraliaonly/

 

Fireworks
Fireworks must not be listed on Swapmeet.

 

Lock Picking Devices
You must not list any lock picking devices including key cutters.

 

Noxious Weeds
Before listing plants or seeds ensure you are aware and up-to-date with the current legislation for noxious weeds. Plants or seeds that are officially listed as a noxious weed must not be listed on Swapmeet.

 

OEM Software
Original Equipment Manufacturer software (OEM) must not be listed on Swapmeet unless listed with the specified accompanying hardware.

 

Police and Emergency Services Related Items
Official or recent issue Police or Emergency services equipment related items must not be listed on Swapmeet, regardless of origin (other countries). For example: badges, uniforms, caps, and any official or recent issue equipment.
Any antique / historic collectable Police or Emergency items listed must be at least 75 years old or must be issued by anorganisationthat no longer operates and, must in no way resemble official or recent issue Police or Emergency related items. These two requirements must be clearly outlined through the items listing descriptions. Swapmeet reserves the right to remove any such listings that we believe may resemble official or recent issue Police or Emergency services equipment related items.

 

Postage Stamps
Used and "washed" Australia Post postage stamps offered for sale, with the obvious intention that they will be re-used must not be listed on Swapmeet. Any listing that offers the sale ofnon cancelledstamps must be accompanied by a clear warning bringing potential buyers attention to the provisions of section 471.5 of the Commonwealth Criminal Code:

Under section 471.5 of the Criminal Code Act (1995) (Commonwealth) it is provided that:

“A person is guilty of an offence if the person dishonestly uses for postal services a postage stamp that has been previously used for postal services, or that has been obliterated, or that has been defaced.”

The maximum penalty for a breach of this section is set at 'Imprisonment for 12 months"

 

 

Radio Communications Devices
Mobile telephone jammers, GPS (Global Positioning System) jammers and mobile telephone boosters must not be listed on Swapmeet. Jammers in particular are prohibited devices and cannot be sold or used within Australia. Any Radio communicating devices, including boosters must also comply with any applicable Australian standards in line with the Radio communications Act 1992. The holder/operator of such items may also need to be licensed/qualified prior to using certain frequency bands. Refer to the Australian Communications and Media Authority (ACMA) website for further details.

 

Real Estate
Real Estate properties can be listed on Swapmeet as a way to advertise their property to potential buyers but due to laws governed by the sale of real estate in various jurisdictions, real estate items sold or bought on Swapmeet are not legally binding.

 

Stolen Goods
You must not list on Swapmeet any goods to which you are not the legal owner or which you are not otherwise legally entitled to sell.

 

Tickets over Face Value (scalping)
Swapmeet do not allow tickets to be re-sold beyond their face value. When listing Tickets for sale they must be listed as “Buy Now” or “Buy Now + Haggle”. Auction cannot be used as a sale type this will prevent the item being sold over face value. The item must be listed with a price lower or equal to the face value.

 

Therapeutic Goods
Therapeutic goods, unless exempt, must be marked in description as 'registered' or 'listed' goods and have their "Aust L" or "Aust R" number displayed in the description when being listed on Swapmeet. All listed medicines must display an "AUST L" number on the label and all registered medicines must display an "AUST R" number on the label as required by the Therapeutic Goods Administration (TGA).

 

Tobacco
You must not list tobacco which includes cigars, cigarettes and smokeless tobacco on Swapmeet. Tobacco related items may be listed on Swapmeet.

 

Used Clothing
Used Clothing may be listed on Swapmeet, but the garment must be cleaned before sending. Used underwear and swimwear (including children's) and cloth nappies must not be listed on Swapmeet.
 

Used Cosmetics
You must not list used cosmetics on Swapmeet.

 

Weapons, Knives and Firearms
Weapons must not be listed on Swapmeet with the exception of some knives.Knives advertised on Swapmeet must comply with current Australian Laws. For information please visit: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/93eb987ebadd283dca256e92000e4069/655c4bd36c276088ca256e5b0021a8dd/$FILE/00-130sr.pdf

Sellers must not list any items that are deemed to be prohibited weapons.

 

Firearms, including collectable/antique/replica firearms must not be listed on Swapmeet (even if the holder of the firearm is licensed and has rendered the item permanently inoperable). Replica firearm includes any reasonable facsimile or copy of a weapon, such as a toy or polyurethane resin gun. Firearm parts, including but not limited to a: pistol slide, barrel, frame, breech, receiver, cylinder, trigger mechanism, operating mechanism or magazine designed as, or reasonably capable of forming part of a firearm, also must not be listed on Swapmeet.

 

All Ammunition, Bullets and Projectiles whether live or inert are prohibited from being listed on Swapmeet along with any specific individual component used to create a live round of ammunition; including, but not limited to propellant, shells and primers.