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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Red Tape Reduction Legislation Amendment Bill 2014
A Bill for
An Act to amend legislation for the purpose of red tape reduction
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Red Tape Reduction Legislation Amendment Act 2014
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
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.
Part 2 Casino Control Act 2006
4 Issue of casino employee
licence
Section 45 (3)
substitute
(3) A casino employee licence is for not more than 3 years.
5 Renewal of casino employee
licence
Section 47 (4) (b)
substitute
(b) is for not more than 3 years.
Part 3 Fair Trading (Motor Vehicle Repair Industry) Act 2010
6 Licensee advertising without
details
Section 47
omit
Part 4 Gaming Machine Act 2004
7 Display of licence at licensed
premises
Section 41 (1)
substitute
(1) It is a condition of a licence that the licensee displays the licence,
or a copy of the licence, in a prominent position at 1 entrance
(the main entrance) to each gaming area of the licensed
premises.
substitute
13 Licensed hawkers licence to be produced on request by authorised person
(1) A licensed hawker commits an offence if—
(a) the licensee carries on business as a hawker in a public place; and
(b) the licensee is asked by an authorised person to produce the licensee’s licence for inspection; and
(c) the licensee does not produce the licence for inspection.
Maximum penalty: 10 penalty units.
(2) A licensed hawker commits an offence if—
(a) someone else carries on business as a hawker for the licensee in a public place; and
(b) the person in paragraph (a) is asked by an authorised person to produce the licensee’s licence for inspection; and
(c) the person in paragraph (a) does not produce the licence (or a copy of the licence) for inspection.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
9 Restriction on hawking near
commercial premises
Section 14 (1), note
omit
s 14 and
substitute
16 Commercial premises—exemption to be produced on request by authorised person
(1) This section does not apply to a licensed hawker.
Note A licensed hawker must produce their licence on request by an authorised person. The licence shows any exemption held by the licensee (see s 13 and s 21).
(2) An exempt person for commercial premises commits an offence if—
(a) the person carries on business as a hawker at a location in a public place within 180m of the premises; and
(b) the person is asked by an authorised person to produce the person’s exemption for inspection; and
(c) the person does not produce the exemption for inspection.
Maximum penalty: 5 penalty units.
Note An exempt person may carry on business as a hawker within 180m of the commercial premises to which the exemption applies (see s 14 and s 28).
(3) An exempt person for commercial premises commits an offence if—
(a) someone else carries on business as a hawker for the exempt person at a location in a public place; and
(b) the location is within 180m of the premises to which the exemption applies; and
(c) the person in paragraph (a) is asked by an authorised person to produce the exempt person’s exemption for inspection; and
(d) the person in paragraph (a) does not produce the exemption (or a copy of the exemption) for inspection.
Maximum penalty: 5 penalty units.
(4) An offence against this section is a strict liability offence.
Part 6 Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012
11 Fair Trading (Motor Vehicle Repair
Industry) Act 2010 infringement notice offences and penalties
Schedule
1, item 4
omit
Part 7 Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005
12 Sale of Motor Vehicles Act
infringement notice offences and penalties
Schedule 1, item 11
omit
13 Name of pawnbroker etc to be
displayed on premises
Section 7
omit
Part 9 Planning and Development Regulation 2008
14 Schedule 1, new division 1.3.4A
insert
Division 1.3.4A Exempt developments—outdoor eating or drinking places
1.79 Definitions—div 1.3.4A
In this division:
outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003
, section 9A.
public unleased land—see the Public Unleased Land Act 2013
, section 8.
1.80 Application—div 1.3.4A
This division applies to an outdoor eating or drinking place if it is established on—
(a) unleased territory land under a licence granted under the Act, part 9.11 (Licences for unleased land); or
(b) public unleased land for which a permit has been issued under the Public Unleased Land Act 2013
.
1.81 Outdoor eating or drinking places—general exemption criteria
Unless otherwise stated in a provision, a development to which this division applies must comply with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.
Note General exemption criteria, for a development—see s 1.10.
1.82 Outdoor eating or drinking places—removable objects
(1) A designated development for building or installing an object in an outdoor eating or drinking place if the object (a removable object) can, within 48 hours and with or without limited mechanical assistance, be removed from the outdoor eating or drinking place to return that place to the condition it was in immediately before the object was installed.
Examples—removable objects
• awnings
• glass screens
• portable barriers
• serving stations
• umbrellas attached to the ground
Note 1 Designated development, in relation to land—see s 1.2.
Note 2 An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
(2) In this section:
limited mechanical assistance includes the use of a crowbar, a pallet jack, or a trolley but does not include the use of an excavator, a forklift, or a jackhammer.
removable object includes any of the following:
(a) an object that is attached to the ground, a building or structure;
(b) a socket, sleeve, bracket or similar device that attaches an object to the ground, a building or a structure;
(c) an object that, though not attached, remains in place when the outdoor
eating or drinking place is not in use.
Part 10 Public Unleased Land Act 2013
15 Public unleased land
permit—application
Section 45 (2) (d)
substitute
(d) include a plan (a location plan) that—
(i) is drawn to scale; and
(ii) clearly shows—
(A) the location, boundaries and dimensions of the public unleased land for the permit; and
(B) the position of the activity on the public unleased land.
Part 11 Race and Sports Bookmaking Act 2001
substitute
10 Term of race bookmaking licence
A race bookmaking licence is issued for the period of not more than 3 years stated in the licence.
substitute
16 Term of race bookmaker’s agent licence
A race bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.
substitute
38 Term of sports bookmaker’s agent licence
A sports bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.
19 Internally reviewable
decisions
Schedule 1, item 4
substitute
4
|
30
|
issue licence for shorter period than applied for
|
applicant for licence
|
Part 12 Registration of Deeds Act 1957
20 Registration of deeds
New
section 4 (2A)
insert
(2A) The statutory declaration mentioned in subsection (2) (a) is not required if the deed—
(a) is a power of attorney; and
(b) includes the certificate required under the Powers of Attorney Act 2006
, section 22.
insert
(6) In this section:
power of attorney—see the Powers of Attorney Act 2006
, dictionary.
Part 13 Sale of Motor Vehicles Act 1977
22 Display of licence and
notice
Section 73 (4)
omit
omit
In addition to the notice required by subsection (4), a licensed
substitute
A licensed
omit
(2), (4) and (5)
substitute
(2) and (5)
25 Advertisements by licensed
dealers
Section 79 (1)
omit
omit
27 Advertisements by licensed car
market operators
Section 79A
omit
Part 14 Second-hand Dealers Act 1906
28 Name of dealer etc to be displayed
on premises
Section 5
omit
Part 15 Second-hand Dealers Regulation 2002
29 Requirement for displayed
lettering—Act, s 5
Section 5B
omit
Part 16 Security Industry Act 2003
substitute
(1) A person commits an offence if—
(a) the person advertises that the person carries on, or is willing to carry on, a security activity; and
(b) the person is not the holder of a licence that authorises the person to carry on the security activity mentioned in the advertisement.
Maximum penalty: 30 penalty units.
31 Display of licence
details
Section 64 (4) definition of licence details notice,
paragraph (c)
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 5 June 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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