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This is a Bill, not an Act. For current law, see the Acts databases.


RED TAPE REDUCTION LEGISLATION AMENDMENT BILL 2014

2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

Red Tape Reduction Legislation Amendment Bill 2014



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:

Part 1 Preliminary

1 Name of Act

This Act is the Red Tape Reduction Legislation Amendment Act 2014

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

Casino Control Act 2006

Fair Trading (Motor Vehicle Repair Industry) Act 2010

Gaming Machine Act 2004

Hawkers Act 2003

Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012

Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005

Pawnbrokers Act 1902

Planning and Development Regulation 2008

Public Unleased Land Act 2013

Race and Sports Bookmaking Act 2001

Registration of Deeds Act 1957

Sale of Motor Vehicles Act 1977

Second-hand Dealers Act 1906

Second-hand Dealers Regulation 2002

Security Industry Act 2003

Tobacco Act 1927

.

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.

Part 5 Hawkers Act 2003

8 Section 13

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

10 Section 16

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

Part 8 Pawnbrokers Act 1902

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 Legislation Act

, 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

16 Section 10 and note

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.

17 Section 16 and note

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.

18 Section 38 and note

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.

21 New section 4 (6)

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

23 Section 73 (5)

omit

In addition to the notice required by subsection (4), a licensed

substitute

A licensed

24 Section 73 (8)

omit

(2), (4) and (5)

substitute

(2) and (5)

25 Advertisements by licensed dealers

Section 79 (1)

omit

26 Section 79 (4)

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

30 Advertising

Section 40 (1)

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.

Part 17 Tobacco Act 1927

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 Legislation Act

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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