Australian Capital Territory Consolidated Acts

HAWKERS ACT 2003 - NOTES

Dictionary

(see s 5)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     In particular, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACAT

              •     amend

              •     director-general (see s 163)

              •     found guilty

              •     penalty unit

              •     public servant

              •     reviewable decision notice

              •     Territory land.

"authorised person" means a person who is an authorised person under section 40.

"carry on business as a hawker"—see section 8.

"commercial premises" means premises used for the sale of goods or services.

"decision-maker", for part 5 (Notification and review of decisions)—see section 33.

"exemption" means an exemption under section 28 (Hawking near commercial premises—giving of exemption).

"exempt person" means a person who is the holder of an exemption under section 28.

"licence "means a licence under this Act.

"public place"—see section 9.

"reviewable decision", for part 5 (Notification and review of decisions)—see section 33.

"sell" includes—

        (a)     barter, offer or attempt to sell; or

        (b)     have in possession for sale; or

        (c)     display for sale; or

        (d)     dispose of by any method for valuable consideration; or

        (e)     dispose of by way of raffle, lottery or other game of chance; or

        (f)     offer as a prize or reward.

"vehicle "means any means of transport of people or goods, whether or not self-propelled or capable of being operated or moved in any way, and includes an animal.

Examples

a caravan, trailer and trolley

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Hawkers Act 2003 A2003-10

notified LR 27 March 2003

s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

remainder commenced 27 September 2003 (s 2 and LA s 79)

as amended by

Charitable Collections Act 2003 A2003-17 s 70

notified LR 9 April 2003

s 1, s 2 commenced 9 April 2003 (LA s 75 (1))

s 70 commenced 9 October 2003 (s 2 and LA s 79)

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.43

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.43 commenced 9 April 2004 (s 2 (1))

Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.21

notified LR 18 May 2006

s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

sch 1 pt 1.21 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.16

notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

sch 1 pt 1.16 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 4 pt 4.16

notified LR 17 July 2008

s 1, s 2 commenced 17 July 2008 (LA s 75 (1))

s 3 commenced 18 July 2008 (s 2 (1))

sch 4 pt 4.16 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.52

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.52 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.36

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.36 commenced 17 December 2009 (s 2)

Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.6

notified LR 17 May 2011

s 1, s 2 commenced 17 May 2011 (LA s 75 (a))

sch 1 pt 1.6 commenced 17 November 2011 (s 2 and LA s 79)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.75

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.75 commenced 1 July 2011 (s 2 (1))

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Conduct excluded from Act
s 4     am A2003-17 s 70; A2007-25 amdt 1.71; A2008-20 amdt 4.40; A2009-49 amdt 3.81

Application for licence
s 17     am A2011-22 amdt 1.234

Decision on application for licence
s 18     am A2006-23 amdt 1.204; A2011-22 amdt 1.234

Form of licence
s 21     am A2011-22 amdt 1.234

Amendment of licence—application by hawker
s 22     am A2011-22 amdt 1.234

Temporary amendment or suspension of licence—Roads and Public Places Act
s 23     am A2011-22 amdt 1.234

Definitions—pt 5
s 33     sub A2008-37 amdt 1.228
    def decision-maker ins A2008-37 amdt 1.228
    def reviewable decision ins A2008-37 amdt 1.228

Reviewable decision notices
s 33A     ins A2008-37 amdt 1.228

Applications for review
s 34     sub A2008-37 amdt 1.228

Register of licensed hawkers and exempt people
s 35     am A2011-22 amdt 1.234

Licensed hawkers and exempt people to notify change of name and address
s 37     am A2011-22 amdt 1.234

Replacement of licence or exemption
s 38     am A2011-22 amdt 1.234

Surrender of licence or exemption
s 39     am A2011-22 amdt 1.234

Authorised people
s 40     am A2011-22 amdt 1.234; A2011-16 amdt 1.18; pars renum R11 LA

Identity cards
s 41     am A2011-22 amdt 1.234; A2011-16 amdts 1.19-1.21; ss, pars renum R11 LA

Authorised person's power to require name and address
s 42     am A2011-16 amdt 1.22

False or misleading statements in applications etc
s 43     om A2004-15 amdt 2.96

Alternative verdict for offence under s 43
s 44     om A2004-15 amdt 2.96

Transitional and other matters
pt 8 hdg     exp 27 September 2004 (s 53)

Repeal of Hawkers Act 1936
s 48     om LA s 89 (3)

Repealed Act—permits to sell at authorised place
s 49     exp 27 September 2004 (s 53)

Repealed Act—consents to sell within 180m of shops
s 50     exp 27 September 2004 (s 53)

Amendment of Roads and Public Places Act—sch 1
s 51     om LA s 89 (3)

Regulations modifying pt 8
s 52     exp 27 September 2004 (s 53)

Expiry of pt 8
s 53     exp 27 September 2004 (s 53)

Reviewable decisions
sch 1     om LA s 89 (3)
    ins A2008-37 amdt 1.229
    am A2011-22 amdt 1.234

Dictionary
dict     am A2008-37 amdt 1.230; A2011-22 amdt 1.233
    def decision-maker ins A2008-37 amdt 1.231
    def reviewable decision ins A2008-37 amdt 1.231

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	A2003-17	27 September 2003
2	A2003-17	9 October 2003
3	A2004-15	9 April 2004
4	A2004-15	28 September 2004
5	A2006-23	2 June 2006
6	A2007-25	31 March 2008
7	A2008-37	2 February 2009
8	A2008-37	27 February 2009
9	A2009-49	17 December 2009
10	A2011-22	1 July 2011

© Australian Capital Territory 2011

Australian Capital Territory

A2003-10

Republication No 11

Effective: 17 November 2011

Republication date: 17 November 2011

Last amendment made by A2011-22
(republication for amendments by A2011-16)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Hawkers Act 2003

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 November 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 17 November 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Hawkers Act 2003

Endnotes34

Hawkers Act 2003