Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding two years from the date of promulgation; provided, however, that the provisions amending Article 4 (excluding the part replacing "Article 24" with "Article 24, paragraph (1)" in items (iv) and (v) of the same Article and the part adding "(meaning the domicile or residence, for a person who has no place of business; the same applies hereinafter)" after "place of business" in item (vii) of the same Article), the provisions amending Article 5, paragraph (1), item (v), the provisions amending Article 6, the provisions amending Article 12, paragraph (1), the provisions amending Article 13, paragraph (2), item (ii), the provisions amending Article 14, paragraph (1), the provisions amending Article 22, paragraph (1) (limited to the part adding "or temporary store" after "place of business" in the same paragraph) and the provisions amending Article 25, paragraph (1), and the provisions of the following Article, Article 5 (excluding the part concerning paragraph (1), item (ii)), Article 6 and Article 7 of the Supplementary Provisions come into effect as of the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
この法律は、公布の日から起算して二年を超えない範囲内において政令で定める日から施行する。ただし、第四条の改正規定(同条第四号及び第五号中「第二十四条」を「第二十四条第一項」に改める部分並びに同条第七号中「営業所」の下に「(営業所のない者にあつては、住所又は居所をいう。以下同じ。)」を加える部分を除く。)、第五条第一項第五号の改正規定、第六条の改正規定、第十二条第一項の改正規定、第十三条第二項第二号の改正規定、第十四条第一項の改正規定、第二十二条第一項の改正規定(同項中「営業所」の下に「若しくは仮設店舗」を加える部分に限る。)及び第二十五条第一項の改正規定並びに次条並びに附則第五条(第一項第二号に係る部分を除く。)、第六条及び第七条の規定は、公布の日から起算して六月を超えない範囲内において政令で定める日から施行する。
Supplementary Provisions, Article 2Transitional Measures Concerning Former Act Permits
第二条(旧法許可に関する経過措置)
A secondhand goods dealer or a secondhand goods market owner may, even before this Act comes into effect, notify the Prefectural Public Safety Commission (hereinafter referred to as "Public Safety Commission") with jurisdiction over the location of its principal place of business (meaning the domicile or residence, for a person who has no place of business; the same applies hereinafter) or secondhand goods market, as provided for by the National Public Safety Commission Rules, of the name and location of the principal place of business or the secondhand goods market, or other place of business or secondhand goods market.
A Public Safety Commission that has received a notification under the provisions of the preceding paragraph from a secondhand goods dealer or a secondhand goods market owner that has places of business or secondhand goods markets within the jurisdictional districts of two or more Public Safety Commissions is to notify the other Public Safety Commissions concerned of the content of the notification.
A secondhand goods dealer or a secondhand goods market owner that has filed a notification under the provisions of paragraph (1) before this Act comes into effect and that, at the time this Act comes into effect, actually holds a permit under the provisions of Article 3 of the Secondhand Goods Business Act prior to its amendment by this Act (referred to as "the former Act" in Article 4 of the Supplementary Provisions) (referred to as a "former Act permit" in the following Article) (excluding a person for whom there has been a change in all or part of the content of the notification during the period from the date on which the notification was filed until the day before the date on which this Act comes into effect (referred to as "the effective date" in the following Article)) is deemed to hold a permit under the provisions of Article 3 of the Secondhand Goods Business Act as amended by this Act (referred to as "the new Act" in Article 4 of the Supplementary Provisions) (referred to as a "new Act permit" in the following Article) from the Public Safety Commission with jurisdiction over the location of its principal place of business or secondhand goods market, respectively.
この法律の施行前に第一項の規定による届出をした古物商又は古物市場主であって、この法律の施行の際現にこの法律による改正前の古物営業法(附則第四条において「旧法」という。)第三条の規定による許可(次条において「旧法許可」という。)を受けているもの(当該届出をした日からこの法律の施行の日(次条において「施行日」という。)の前日までの間に当該届出の内容の全部又は一部について変更があった者を除く。)は、それぞれ、主たる営業所又は古物市場の所在地を管轄する公安委員会によるこの法律による改正後の古物営業法(附則第四条において「新法」という。)第三条の規定による許可(次条において「新法許可」という。)を受けているものとみなす。
Supplementary Provisions, Article 3Transitional Measures Concerning Former Written Permits
第三条(旧許可証に関する経過措置)
With regard to a person deemed to hold a new Act permit pursuant to the provisions of paragraph (3) of the preceding Article (referred to as a "person deemed to hold a new Act permit" in the following paragraph) who had received a former Act permit only for places of business or secondhand goods markets within the jurisdictional district of one Public Safety Commission, the written permit under Article 5, paragraph (2) of the Secondhand Goods Business Act pertaining to that former Act permit (hereinafter referred to as a "former written permit" in this Article) is deemed to be the written permit under the same paragraph pertaining to the new Act permit.
A person deemed to hold a new Act permit who had received former Act permits for places of business or secondhand goods markets within the jurisdictional districts of two or more Public Safety Commissions must, by the day on which one year elapses from the effective date, apply to the Public Safety Commission with jurisdiction over the location of its principal place of business or secondhand goods market for the issuance of a written permit under Article 5, paragraph (2) of the Secondhand Goods Business Act pertaining to the new Act permit, attaching the documents specified by the National Public Safety Commission Rules and all of the former written permits pertaining to the former Act permits that the person holds.
When an application under the preceding paragraph has been filed, the Public Safety Commission is to issue a written permit under Article 5, paragraph (2) of the Secondhand Goods Business Act pertaining to the new Act permit in exchange for the former written permits concerned.
前項の申請があったときは、公安委員会は、当該旧許可証と引換えに、新法許可に係る古物営業法第五条第二項の許可証を交付するものとする。
Until the former written permits are submitted to the Public Safety Commission pursuant to the provisions of paragraph (2) (limited to the period until the day on which one year elapses from the effective date), the former written permits prescribed in that paragraph are deemed to be written permits issued pursuant to the provisions of Article 5, paragraph (2) of the Secondhand Goods Business Act pertaining to the new Act permit.
Supplementary Provisions, Article 4Transitional Measures Concerning Acts under the Provisions of the Former Act
第四条(旧法の規定による行為に関する経過措置)
A cancellation of a permit, a suspension of business or any other disposition or act that the Public Safety Commission has carried out pursuant to the provisions of the former Act, or an application for a permit or any other act that has been carried out pursuant to the provisions of the former Act, is deemed, as provided for by the National Public Safety Commission Rules, to be a cancellation of a permit, a suspension of business or any other disposition or act that the Public Safety Commission has carried out pursuant to the corresponding provisions of the new Act, or an application for a permit or any other act that has been carried out pursuant to the corresponding provisions of the new Act.
Supplementary Provisions, Article 5Penal Provisions
第五条(罰則)
A person who falls under any of the following items is punished with a fine not exceeding 100,000 yen:
次の各号のいずれかに該当する者は、十万円以下の罰金に処する。
a person who has made a false notification when making a notification under the provisions of Article 2, paragraph (1) of the Supplementary Provisions;
附則第二条第一項の規定による届出をする場合において虚偽の届出をした者
a person who has violated the provisions of Article 3, paragraph (2) of the Supplementary Provisions.
附則第三条第二項の規定に違反した者
If a representative of a corporation, or an agent, employee or other worker of a corporation or individual, has committed a violation under the preceding paragraph in connection with the business of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is subject to the penalty referred to in that paragraph.
Supplementary Provisions, Article 6Transitional Measures Concerning Penal Provisions
第六条(罰則に関する経過措置)
With regard to the application of penal provisions to acts committed before this Act comes into effect (or, with regard to the amending provisions prescribed in the proviso to Article 1 of the Supplementary Provisions, before those amending provisions come into effect), the provisions then in force continue to govern.
この法律(附則第一条ただし書に規定する改正規定については、当該改正規定)の施行前にした行為に対する罰則の適用については、なお従前の例による。
Supplementary Provisions, Article 7Delegation to Cabinet Order
第七条(政令への委任)
Beyond what is provided for in Articles 2 through the preceding Article of the Supplementary Provisions, the transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
附則第二条から前条までに定めるもののほか、この法律の施行に関し必要な経過措置は、政令で定める。