Schedule 2Amendments relating to 1, 3
and 5 year terms and restorations
Explanatory
note
The proposed amendments in this Schedule provide
for 1, 3 and 5 year terms for various types of authorities, licences,
registrations and certificates (the relevant
authorities) across the legislation administered by the
Minister for Innovation and Better Regulation. The proposed amendments allow
the relevant authorities to be restored, if the applicant applies for the
restoration within 3 months of the expiry of the relevant
authority.
Schedule 2.7 [2] amends uncommenced provisions in
the Fair Trading Amendment (Commercial Agents) Act
2016 (the amending
Act) in order to give effect to the proposed amendments
outlined above. The proposed amendments also provide that the Commissioner may
determine that a corporation is not disqualified from carrying out a
commercial agent activity for the purposes of the Fair
Trading Act 1987, despite being the subject of a winding
up order or being a corporation for which a controller or administrator has
been appointed, if the Commissioner considers it appropriate to do so. The
proposed amendments will commence on a day appointed by proclamation, being a
day on or after the day on which Part 5 of the amending Act
commences.
The proposed amendments allow the NSW Architects
Registration Board to remove an architect’s name from the register of
architects and the Board of Surveying and Spatial Information to remove a
surveyor’s name from the register of surveyors if the architect or
surveyor fails to comply with requirements relating to continuing professional
development or, in the case of an architect, professional indemnity
insurance.
Schedule 2.1 [4] removes the minimum age
requirement for the registration of an architect.
The Schedule also inserts regulation-making
powers to provide for the waiver or refund of fees, savings and transitional
provisions and consequential amendments.
2.1Architects Act 2003 No
89
[1]Section
17A
Insert after section 17—
17ADuration of
registration
(1)
An application for full registration or a renewal
of registration is to nominate one of the following terms of duration for the
registration (the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Board may grant or renew registration for the
nominated term or, if satisfied that it is in the public interest to do so, a
shorter term than the nominated term.
(3)
If an application for renewal of registration has
been made but the application is not finally determined by the Board before
the expiry of the registration, the registration (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(4)
If registration is granted or renewed for a
shorter term than the nominated term, the Board is to refund to the applicant
the difference between the fee for the nominated term and the fee for the term
that was granted.
(5)
The suspension of registration does not affect
the term of the registration.
(6)
This section does not affect the term of any
registration granted under this Act and in force immediately before the
insertion of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
[2]Section 20 Power to refuse or
impose conditions on full registration
Omit “the duration of registration,”
from section 20 (3).
[3]Section 22 Application to
registration of Licensing and Registration (Uniform
Procedures) Act 2002
Insert “(other than section 39)”
after “Part 3” in section 22 (2).
[4]
[5]Section 24 Removal of
architect’s name from the Register
Insert at the end of section 24 (1)
(d)—
, or
(e)
the term of the architect’s registration
has expired and the registration has not been renewed or
restored.
[6]
[7]Section 28 Annual registration
fees
Omit section 28 (1). Insert instead—
(1)
An architect must, on or before 31 March in the
year in which the architect’s registration is due to be renewed, pay to
the Board the approved fee for the registration.
[8]Section 28
(2A)–(2C)
Insert after section 28 (2)—
(2A)
An application for the restoration of
registration must be made—
(a)
within 3 months of the expiry of the
registration, or
(b)
within the further period determined by the Board
on the application of the person seeking the restoration of
registration.
(2B)
Without limiting subsection (2A) (b), the Board
may extend the period within which an application for restoration of a licence
may be made if the Board is satisfied that—
(a)
in a case where the applicant failed to apply for
renewal before the licence expired-the failure to apply for renewal of the
registration before it expired was due to inadvertence, or
(b)
it is just and equitable to restore the
registration.
(2C)
An application for the restoration of
registration must nominate a term of duration for the
registration.
[9]Section 28
(7A)
Insert after section 28 (7)—
(7A)
The Board may refuse an application for the
restoration of registration in the circumstances prescribed by the
regulations.
[10]Section 84
Regulations
Insert after section 84 (2) (h)—
(i)
the waiver or refund of the whole or any part of
a fee for any service provided by the Board under this Act or the
regulations.
[11]
2.2Architects Regulation
2017
Schedule 2 NSW Architects Code
of Professional Conduct
Omit “during the current registration
period” from clause 16 (2).
2.3Building Professionals Act 2005 No
115
[1]Sections 10 and
10A
Omit section 10. Insert instead—
10Duration of certificate of
accreditation
(1)
An application for a certificate of accreditation
or renewal of a certificate of accreditation is to nominate one of the
following terms of duration for the certificate of accreditation (the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Board may grant or renew a certificate of
accreditation for the nominated term or, if satisfied that it is in the public
interest to do so, a shorter term than the nominated
term.
(3)
If an application for renewal of a certificate of
accreditation has been made but the application is not finally determined by
the Board before the expiry of the certificate of accreditation, the
certificate of accreditation (if not suspended or sooner cancelled) continues
in force until the application is finally determined.
(4)
If a certificate of accreditation is granted or
renewed for a shorter term than the nominated term, the Board is to refund to
the applicant the difference between the fee for the nominated term and the
fee for the term that was granted.
(5)
The suspension of a certificate of accreditation
does not affect the term of the certificate of
accreditation.
(6)
This section does not affect the term of any
accreditation granted under this Act and in force immediately before the
substitution of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
10ATime period for restoration of
certificate of accreditation
(1)
An application for the restoration of a
certificate of accreditation must be made—
(a)
within 3 months of the expiry of the certificate
of accreditation, or
(b)
within the further period determined by the Board
on the application of the person seeking the restoration of the certificate of
accreditation.
(2)
Without limiting subsection (1) (b), the Board
may extend the period within which an application for the restoration of a
certificate of accreditation may be made if the Board is satisfied
that—
(a)
in a case where the applicant failed to apply for
renewal before the certificate of accreditation expired—the failure to
apply for renewal of the certificate of accreditation before it expired was
due to inadvertence, or
(b)
it is just and equitable to restore the
certificate of accreditation.
(3)
A certificate of accreditation that has been
surrendered or cancelled must not be restored.
(4)
An application for the restoration of a
certificate of accreditation must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the certificate
of accreditation.
(5)
A certificate of accreditation restored at any
time is taken to have been restored on and from the day on which the
certificate of accreditation expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a certificate of accreditation in the same
way as it applies to an application for a certificate of
accreditation.
(7)
The Board may refuse an application for the
restoration of a certificate of accreditation in the circumstances prescribed
by the regulations.
[2]Section 94
Regulations
Insert “or refund” after
“waiver” in section 94 (2) (f).
2.4Building Professionals Regulation
2007
Clause 21
Fees
Omit clause 21 (2).
2.5Conveyancers Licensing Act 2003 No
3
[1]Section 11 Application to
licences of Licensing and Registration (Uniform
Procedures) Act 2002
Insert “(other than section 10)”
after “Part 2” in section 11 (2).
[2]Section 11 (3)
(d)
Omit the paragraph.
[3]Section
17
Omit the section. Insert instead—
17Duration of
licence
(1)
An application for a licence or for renewal of a
licence is to nominate one of the following terms of duration for the licence
(the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Secretary may grant or renew a licence for a
shorter term than the nominated term if satisfied that it is in the public
interest to do so.
(3)
If an application for renewal of a licence has
been made but the application is not finally determined by the Secretary
before the expiry of the licence, the licence (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(4)
If a licence is granted or renewed for a shorter
term than the nominated term, the Secretary is to refund to the applicant the
difference between the fee for the nominated term and the fee for the term
that was granted.
(5)
The suspension of a licence does not affect the
term of the licence.
(6)
This section does not affect the term of any
licence granted under this Act and in force immediately before the
substitution of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
[4]Section
18
Insert after section 17—
18Time period for restoration of
licences
(1)
An application for the restoration of a licence
must be made—
(a)
within 3 months of the expiry of the licence,
or
(b)
within the further period determined by the
Secretary on the application of the person seeking the restoration of the
licence.
(2)
Without limiting subsection (1) (b), the
Secretary may extend the period within which an application for the
restoration of a licence may be made if the Secretary is satisfied
that—
(a)
in a case where the applicant failed to apply for
renewal before the licence expired—the failure to apply for renewal of
the licence before it expired was due to inadvertence, or
(b)
it is just and equitable to restore the
licence.
(3)
A licence that has been surrendered or cancelled
must not be restored.
(4)
An application for the restoration of a licence
must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the
licence.
(5)
A licence restored at any time is taken to have
been restored from the day on which the licence expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a licence in the same way as it applies to
an application for a licence.
[5]Section 172
Regulations
Insert “(including the waiver or refund of
the whole or any part of a fee for any service provided by the Secretary under
this Act or the regulations)” after “Act” in section 172 (2)
(g).
[6]Schedule 1 Savings and
transitional provisions
Insert at the end of clause 2 (1)—
any other Act that amends this
Act
2.6Explosives Act 2003 No
39
[1]Section 12 Application to
licences of Licensing and Registration (Uniform
Procedures) Act 2002
Insert “(other than section 10)”
after “Part 2” in section 12 (1).
[2]Section
16A
Insert after section 16—
16ATime period for restoration of
licences
(1)
An application for the restoration of a licence
must be made—
(a)
within 3 months of the expiry of the licence,
or
(b)
within the further period determined by the
regulatory authority on the application of the person seeking the restoration
of the licence.
(2)
Without limiting subsection (1) (b), the
regulatory authority may extend the period within which an application for the
restoration of a licence may be made if the regulatory authority is satisfied
that—
(a)
in a case where the applicant failed to apply for
renewal before the licence expired—the failure to apply for renewal of
the licence before it expired was due to inadvertence, or
(b)
it is just and equitable to restore the
licence.
(3)
A licence that has been surrendered or cancelled
must not be restored.
(4)
An application for the restoration of a licence
must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the
licence.
(5)
A licence restored at any time is taken to have
been restored on and from the day on which the licence
expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a licence in the same way as it applies to
an application for a licence.
[3]Section 19 Regulations
relating to licences
Insert “, including applications for the
restoration of licences” after “licences” in section 19 (2)
(c).
2.7Fair
Trading Act 1987 No 68
[1]Section 92
Regulations
Insert after section 92 (1A) (c)—
(d)
the waiver or refund of the whole or any part of
a fee for any service provided by the Secretary under this Act or the
regulations.
[2]
2.8Home
Building Act 1989 No 147
[1]Section 19 Application to
contractor licences of Licensing and Registration (Uniform
Procedures) Act 2002
Insert “(other than section 10)”
after “Part 2” in section 19 (2).
[2]Section 19 (3)
(c)
Omit the paragraph.
[3]Section 24 Application to
tradesperson and supervisor certificates of Licensing and
Registration (Uniform Procedures) Act
2002
Insert “(other than section 10)”
after “Part 2” in section 24 (2).
[4]Section 24 (3)
(c)
Omit the paragraph.
[5]Section
39
Insert after section 38—
39Time period for restoration of
authorities
(1)
An application for the restoration of an
authority must be made—
(a)
within 3 months of the expiry of the authority,
or
(b)
within the further period determined by the
Secretary on the application of the person seeking the restoration of the
authority.
(2)
Without limiting subsection (1) (b), the
Secretary may extend the period within which an application for the
restoration of an authority may be made if the Secretary is satisfied
that—
(a)
in a case where the applicant failed to apply for
renewal before the authority expired—the failure to apply for renewal of
the authority before it expired was due to inadvertence,
or
(b)
it is just and equitable to restore the
authority.
(3)
An authority that has been surrendered or
cancelled must not be restored.
(4)
An application for the restoration of an
authority must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the
authority.
(5)
An authority restored at any time is taken to
have been restored on and from the day on which the authority
expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of an authority in the same way as it applies
to an application for an authority.
[6]Section 40 Renewal of
authorities
Omit section 40 (2). Insert instead—
(2)
The Secretary may also refuse an application for
renewal or restoration of an authority if—
(a)
in the case of an application for renewal, the
authority is surrendered or cancelled, or
(b)
the authority is a provisional
authority.
[7]Section 40 (5) and
(6)
Omit the subsections.
[8]Section
42
Omit the section. Insert instead—
42Term of duration of
authority
(1)
An application for an authority (other than an
owner-builder permit) or for renewal of an authority is to nominate one of the
following terms of duration for the authority (the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Secretary may grant or renew an authority for
the nominated term or a shorter term than the nominated term if satisfied that
it is in the public interest to do so.
(3)
If an application for renewal of an authority has
been made but the application is not finally determined by the Secretary
before the expiry of the authority, the authority (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(4)
If an authority is granted or renewed for a
shorter term than the nominated term, the Secretary is to refund to the
applicant the difference between the fee for the nominated term and the fee
for the term that was granted.
(5)
The suspension of an authority does not affect
the term of the authority.
(6)
This section does not affect the term of any
authority issued under this Act and in force immediately before the
substitution of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
[9]Section 140
Regulations
Insert “including the waiver or refund of
the whole or any part of a fee for any service provided by the Secretary under
this Act or the regulations,” at the end of section 140 (2)
(j).
2.9Motor
Dealers and Repairers Act 2013 No
107
[1]–[4]
[5]Sections 33 and
33A
Omit section 33. Insert instead—
33Duration of
licence
(1)
An application for a licence or for renewal of a
licence is to nominate one of the following terms of duration for the licence
(the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Secretary may grant or renew a licence for
the nominated term or a shorter term than the nominated term if satisfied that
it is in the public interest to do so.
(3)
If an application for renewal of a licence has
been made but the application is not finally determined by the Secretary
before the expiry of the licence, the licence (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(4)
If a licence is granted or renewed for a shorter
term than the nominated term, the Secretary is to refund to the applicant the
difference between the fee for the nominated term and the fee for the term
that was granted.
(5)
The suspension of a licence does not affect the
term of the licence.
(6)
This section does not affect the term of any
licence granted under this Act and in force immediately before the
substitution of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
33ATime period for restoration of
licences
(1)
An application for the restoration of a licence
must be made—
(a)
within 3 months of the expiry of the licence,
or
(b)
within the further period determined by the
Secretary on the application of the person seeking the restoration of the
licence.
(2)
Without limiting subsection (1) (b), the
Secretary may extend the period within which an application for the
restoration of a licence may be made if the Secretary is satisfied
that—
(a)
in a case where the applicant failed to apply for
renewal before the licence expired—the failure to apply for renewal of
the licence before it expired was due to inadvertence, or
(b)
it is just and equitable to restore the
licence.
(3)
A licence that has been cancelled must not be
restored.
(4)
An application for the restoration of a licence
must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the
licence.
(5)
A licence restored at any time is taken to have
been restored from the day on which the licence expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a licence in the same way as it applies to
an application for a licence.
[6]Section 186
Regulations
Insert “including the waiver or refund of
the whole or any part of a fee for any service provided by the Secretary under
this Act or the regulations,” at the end of section 186 (2)
(d).
2.10Pawnbrokers and Second-hand Dealers Act 1996 No
13
[1]Section 9 Application to
licences of Licensing and Registration (Uniform
Procedures) Act 2002
Insert “(other than section 10)”
after “Part 2” in section 9 (2).
[2]Section 9
(3)
Omit the subsection. Insert instead—
(3)
A licence may be amended under the applied
Act.
[3]Sections 10 and
10A
Omit section 10. Insert instead—
10Duration of
licence
(1)
An application for a licence or for renewal of a
licence is to nominate one of the following terms of duration for the licence
(the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Secretary may grant or renew a licence for
the nominated term or a shorter term than the nominated term if satisfied that
it is in the public interest to do so.
(3)
If an application for renewal of a licence has
been made but the application is not finally determined by the Secretary
before the expiry of the licence, the licence (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(4)
If a licence is granted or renewed for a shorter
term than the nominated term, the Secretary is to refund to the applicant the
difference between the fee for the nominated term and the fee for the term
that was granted.
(5)
The suspension of a licence does not affect the
term of the licence.
(6)
This section does not affect the term of any
licence granted under this Act and in force immediately before the
substitution of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
10ATime period for restoration of
licences
(1)
An application for the restoration of a licence
must be made—
(a)
within 3 months of the expiry of the licence,
or
(b)
within the further period determined by the
Secretary on the application of the person seeking the restoration of the
licence.
(2)
Without limiting subsection (1) (b), the
Secretary may extend the period within which an application for the
restoration of a licence may be made if the Secretary is satisfied
that—
(a)
in a case where the applicant failed to apply for
renewal before the licence expired—the failure to apply for renewal of
the licence before it expired was due to inadvertence, or
(b)
it is just and equitable to restore the
licence.
(3)
A licence that has been cancelled must not be
restored.
(4)
An application for the restoration of a licence
must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the
licence.
(5)
A licence restored at any time is taken to have
been restored from the day on which the licence expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a licence in the same way as it applies to
an application for a licence.
[4]Section 43
Regulations
Insert after section 43 (1) (g)—
(g1)
the waiver or refund of the whole or any part of
a fee for any service provided by the Secretary under this Act or the
regulations,
[5]Schedule 2 Savings and
transitional provisions
Insert at the end of clause 2 (1)—
any other Act that amends this
Act
2.11Pawnbrokers and Second-hand Dealers Regulation
2015
Clause 36 Carrying on of
business in partnership
Omit “Accordingly, no amount is payable by
any such applicant in connection with an application of a kind referred to in
any of those items of that Schedule if, at that time or during the 12 months
immediately preceding the application, the requisite amount has been paid by
any other partner in the partnership for an application of that kind.”
from clause 36 (1).
2.12Property, Stock and Business Agents Act 2002 No
66
[1]Section 17 Application to
licences of Licensing and Registration (Uniform
Procedures) Act 2002
Insert “(other than section 10)”
after “Part 2” in section 17 (2).
[2]Section 17 (3)
(e)
Omit the paragraph.
[3]Sections 25 and
25A
Omit section 25. Insert instead—
25Duration of licence or
certificate of registration
(1)
An application for a licence or certificate of
registration or for renewal of a licence or certificate of registration is to
nominate one of the following terms of duration for the licence or certificate
of registration (the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Secretary may grant or renew a licence or
certificate of registration for a shorter term than the nominated term if
satisfied that it is in the public interest to do so.
(3)
If an application for renewal of a licence or
certificate of registration has been made but the application is not finally
determined by the Secretary before the expiry of the licence or certificate,
the licence or certificate (if not suspended or sooner cancelled) continues in
force until the application is finally determined.
(4)
If a licence or certificate of registration is
granted or renewed for the nominated term or a shorter term than the nominated
term, the Secretary is to refund to the applicant the difference between the
fee for the nominated term and the fee for the term that was
granted.
(5)
The suspension of a licence or certificate of
registration does not affect the term of the licence or certificate of
registration.
(6)
This section does not affect the term of any
licence or certificate of registration granted under this Act and in force
immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act
2018.
25ATime period for restoration of
licence or certificate of registration
(1)
An application for the restoration of a licence
or certificate of registration must be made—
(a)
within 3 months of the expiry of the licence or
certificate, or
(b)
within the further period determined by the
Secretary on the application of the person seeking the restoration of the
licence or certificate.
(2)
Without limiting subsection (1) (b), the
Secretary may extend the period within which an application for the
restoration of a licence or certificate of registration may be made if the
Secretary is satisfied that—
(a)
in a case where the applicant failed to apply for
renewal before the licence or certificate of registration expired—the
failure to apply for renewal of the licence or certificate of registration
before it expired was due to inadvertence, or
(b)
it is just and equitable to restore the licence
or certificate of registration.
(3)
A licence or certificate of registration that has
been surrendered or cancelled must not be restored.
(4)
An application for the restoration of a licence
or certificate of registration must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the licence or
certificate of registration.
(5)
A licence or certificate of registration restored
at any time is taken to have been restored from the day on which the licence
or certificate of registration expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a licence or certificate of registration in
the same way as it applies to an application for a licence or certificate of
registration.
[4]Section 26 Effect of applying
for restoration of expired licence or certificate of
registration
Omit section 26 (6). Insert instead—
(6)
If an application for the restoration of an
expired licence or certificate of registration is duly made, anything done by
the holder of the expired licence or certificate of registration between its
expiry and the determination of the application for restoration (whether the
application is granted or refused) is taken to have been done as the holder of
a licence or certificate of registration, except for the purposes of sections
8 (1), 9 (1) and 10.
[5]Section 230
Regulations
Insert after section 230 (2) (h)—
(i)
the waiver or refund of the whole or any part of
a fee for any service provided by the Secretary under this Act or the
regulations.
2.13Surveying and Spatial Information Act 2002 No
83
[1]Section 10 Application to
registration of Licensing and Registration (Uniform
Procedures) Act 2002
Insert “(other than section 39)”
after “Part 3” in section 10 (2).
[2]Section 10 (3)
(f)
Omit “each year”. Insert instead
“the year in which the registration is due to be
renewed”.
[3]Section 10
(4)
Omit the subsection.
[4]Sections 10AA and
10AB
Insert after section 10—
10AADuration of
registration
(1)
An application for registration or renewal of
registration is to nominate one of the following terms of duration for the
registration (the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
The Board may grant or renew registration for the
nominated term or a shorter term than the nominated term if satisfied that it
is in the public interest to do so.
(3)
If an application for renewal of registration has
been made but the application is not finally determined by the Board before
the expiry of the registration, the registration (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(4)
If a registration is granted or renewed for a
shorter term than the nominated term, the Board is to refund to the applicant
the difference between the fee for the nominated term and the fee for the term
that was granted.
(5)
The suspension of a registration does not affect
the term of the registration.
(6)
This section does not affect the term of any
registration granted under this Act and in force immediately before the
insertion of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
10ABRemoval of surveyor’s
name from register
The Board must remove a registered
surveyor’s name from the register of surveyors if the surveyor has
failed to comply with any continuing professional development
requirements.
[5]Section 10A Re-registration
after removal for non-payment of registration administration
fee
Omit “in any year” from section 10A
(1).
Insert instead “in the year in which the
surveyor’s registration is due to be
renewed”.
[6]Section 10A
(2A)–(2C)
Insert after section 10A (2)—
(2A)
An application for the restoration of
registration must be made—
(a)
within 3 months of the expiry of the
registration, or
(b)
within the further period determined by the Board
on the application of the person seeking the restoration of
registration.
(2B)
Without limiting subsection (2A) (b), the Board
may extend the period within which an application for restoration of a licence
may be made if the Board is satisfied that—
(a)
in a case where the applicant failed to apply to
renewal before the licence expired—the failure to apply for renewal of
the registration before it expired was due to inadvertence,
or
(b)
it is just and equitable to restore the
registration.
(2C)
An application for the restoration of
registration must nominate a term of duration for the
registration.
[7]Section 10A
(7)
Insert after section 10A (6)—
(7)
The Board may refuse an application for the
restoration of registration in the circumstances prescribed by the
regulations.
[8]Section 36
Regulations
Insert after section 36 (2) (j)—
(j1)
the waiver or refund of the whole or any part of
a fee chargeable for any service provided by the Board under this Act or the
regulations,
2.14Tattoo
Parlours Act 2012 No 32
[1]Section
13B
Insert after section 13A—
13BRestoration of
licence
(1)
An application for the restoration of a licence
must be made—
(a)
within 3 months of the expiry of the licence,
or
(b)
within the further period determined by the
Secretary on the application of the person seeking the restoration of the
licence.
(2)
Without limiting subsection (1) (b), the
Secretary may extend the period within which an application for the
restoration of a licence may be made if the Secretary is satisfied
that—
(a)
in a case where the applicant failed to apply for
renewal before the licence expired—the failure to apply for renewal of
the licence before it expired was due to inadvertence, or
(b)
it is just and equitable to restore the
licence.
(3)
A licence that has been surrendered or cancelled
must not be restored.
(4)
An application for the restoration of a licence
must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the
licence.
(5)
A licence restored at any time is taken to have
been restored from the day on which the licence expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a licence in the same way as it applies to
an application for a licence.
[2]Section 16 Decision of
Secretary in relation to licence applications
Insert “or restoration” after
“renewal” wherever occurring in section 16 (1), (2) and (3)
(a).
[3]Section 16 (1), (3) and
(4)
Omit “or renew” wherever occurring.
Insert instead “, renew or restore”.
[4]Section 16
(5)
Omit “or renewal”. Insert instead
“, renewal or restoration”.
[5]Section 17 Duration of
licence
Omit section 17 (3). Insert instead—
(3)
An application for a licence or renewal of a
licence is to nominate one of the following terms of duration for the licence
(the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(3A)
The Secretary may grant or renew a licence for
the nominated term or a shorter term than the nominated term if satisfied that
it is in the public interest to do so.
Note—
A licence may cease to be in force by operation
of section 27 of the Crimes (Criminal Organisations
Control) Act 2012.
(3B)
If an application for renewal of a licence has
been made but the application is not finally determined by the Secretary
before the expiry of the licence, the licence (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(3C)
If a licence is granted or renewed for a shorter
term than the nominated term, the Secretary is to refund to the applicant the
difference between the fee for the nominated term and the fee for the term
that was granted.
[6]Section 17
(5)
Insert after section 17 (4)—
(5)
Subsections (3A)–(3C) do not affect the
term of any licence granted under this Act and in force immediately before the
amendment of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
[7]Section 41
Regulations
Insert after section 41 (2) (g)—
(h)
the waiver or refund of the whole or any part of
a fee for any service provided by the Secretary under this Act or the
regulations.
2.15Tow
Truck Industry Act 1998 No 111
[1]Section 17 Application for
licence
Omit section 17 (2) (a1).
[2]Section 18 Restrictions on
granting licence
Insert “, or renewal or restoration
of,” after “application for” in section 18
(4).
[3]Section
22
Omit the section. Insert instead—
22Term of
licence
(1)
An application for a licence or renewal of a
licence is to nominate one of the following terms of duration for the licence
(the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
A licence may only be granted for a term of 3 or
5 years if—
(a)
the applicant has requested that the licence be
granted for a term of either 3 years or 5 years, and
(b)
the applicant has held a licence for a continuous
period of at least 3 years immediately before the date on which the subsequent
licence will come into force (that is, during that period of 3 years, the
applicant’s licence was not suspended or revoked and did not lapse),
and
(c)
neither the applicant nor any of the
applicant’s close associates is, at the time the application is made,
under investigation by the Secretary in relation to any breach of a condition
of a licence or any other contravention of this Act or the regulations,
and
(d)
neither the applicant nor any of the
applicant’s close associates has, in the 5 years immediately before the
date of the application—
(i)
been subject to any prescribed disciplinary
action under this Act, or
(ii)
engaged in any prescribed conduct,
and
(e)
the Secretary is satisfied that a 3-year or a
5-year licence should be granted.
(3)
Subject to subsection (2), the Secretary may
grant or renew a licence for the nominated term or a shorter term than the
nominated term if satisfied that it is in the public interest to do
so.
(4)
If an application for renewal of a licence has
been made but the application is not finally determined by the Secretary
before the expiry of the licence, the licence (if not suspended or sooner
cancelled) continues in force until the application is finally
determined.
(5)
If a licence is granted or renewed for a shorter
term than the nominated term, the Secretary is to refund to the applicant the
difference between the fee for the nominated term and the fee for the term
that was granted.
(6)
The suspension of a licence does not affect the
term of the licence.
(7)
This section does not affect the term of any
licence granted under this Act and in force immediately before the
substitution of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
(8)
In this section—
prescribed conduct means any conduct
that—
(a)
if the applicant or close associate applied for a
licence or drivers certificate immediately after engaging in the conduct,
would, in the opinion of the Secretary, be sufficient to justify the
application being refused, or
(b)
if the applicant or close associate held a
licence or drivers certificate at the time of engaging in the conduct, would,
in the opinion of the Secretary, be sufficient to justify—
(i)
the suspension of a licence or drivers
certificate held by the applicant or close associate, or
(ii)
the permanent revocation of a licence or drivers
certificate held by the applicant or close associate, or
(iii)
the disqualification of the applicant or close
associate from holding a licence or drivers
certificate.
prescribed disciplinary action
means—
(a)
the suspension of a licence or drivers
certificate held by the applicant or close associate, or
(b)
the permanent revocation of a licence or drivers
certificate held by the applicant or close associate, or
(c)
the disqualification of the applicant or close
associate from holding a licence or drivers
certificate.
[4]Section 25 Application for
drivers certificate
Omit section 25 (2) (a1).
[5]Section 26 Restrictions on
granting drivers certificate
Insert “, or renewal or restoration
of,” after “application for” in section 26
(4).
[6]Section
31
Omit the section. Insert instead—
31Term of drivers
certificate
(1)
An application for a drivers certificate or
renewal of a drivers certificate is to nominate one of the following terms of
duration for the drivers certificate (the nominated
term)—
(a)
1 year,
(b)
3 years,
(c)
5 years.
(2)
A drivers certificate may only be granted for a
term of 3 or 5 years if—
(a)
the applicant has requested that the drivers
certificate be granted for a term of either 3 years or 5 years,
and
(b)
the applicant has held a drivers certificate for
a continuous period of at least 3 years immediately before the date on which
the subsequent drivers certificate will come into force (that is, during that
period of 3 years, the applicant’s drivers certificate was not suspended
or revoked and did not lapse), and
(c)
the applicant and the applicant’s close
associates are not, at the time the application is made, under investigation
by the Secretary in relation to any breach of a condition of a drivers
certificate or any other contravention of this Act or the regulations,
and
(d)
the applicant and the applicant’s close
associates have not, in the 5 years immediately before the date of the
application—
(i)
been subject to any prescribed disciplinary
action under this Act, or
(ii)
engaged in any prescribed conduct,
and
(e)
the Secretary is satisfied that a 3-year or a
5-year drivers certificate should be granted.
(3)
Subject to subsection (2), the Secretary may
grant or renew a drivers certificate for the nominated term or a shorter term
than the nominated term if satisfied that it is in the public interest to do
so.
(4)
If an application for renewal of a drivers
certificate has been made but the application is not finally determined by the
Secretary before the expiry of the drivers certificate, the drivers
certificate (if not suspended or sooner cancelled) continues in force until
the application is finally determined.
(5)
If a drivers certificate is granted or renewed
for a shorter term than the nominated term, the Secretary is to refund to the
applicant the difference between the fee for the nominated term and the fee
for the term that was granted.
(6)
The suspension of a drivers certificate does not
affect the term of the drivers certificate.
(7)
This section does not affect the term of any
drivers certificate issued under this Act and in force immediately before the
substitution of this section by the Fair Trading
Legislation Amendment (Reform) Act
2018.
(8)
In this section—
prescribed conduct means any conduct
that—
(a)
if the applicant or close associate applied for a
licence or drivers certificate immediately after engaging in the conduct,
would, in the opinion of the Secretary, be sufficient to justify the
application being refused, or
(b)
if the applicant or close associate held a
licence or drivers certificate at the time of engaging in the conduct, would,
in the opinion of the Secretary, be sufficient to justify—
(i)
the suspension of a licence or drivers
certificate held by the applicant or close associate, or
(ii)
the permanent revocation of a licence or drivers
certificate held by the applicant or close associate, or
(iii)
the disqualification of the applicant or close
associate from holding a licence or drivers
certificate.
prescribed disciplinary action
means—
(a)
the suspension of a licence or drivers
certificate held by the applicant or close associate, or
(b)
the permanent revocation of a licence or drivers
certificate held by the applicant or close associate, or
(c)
the disqualification of the applicant or close
associate from holding a licence or drivers
certificate.
[7]Section
40A
Insert after section 40—
40ARestoration of licence or
drivers certificate
(1)
An application for the restoration of a licence
or drivers certificate must be made—
(a)
within 3 months of the expiry of the licence or
drivers certificate, or
(b)
within the further period determined by the
Secretary on the application of the person seeking the restoration of the
licence or drivers certificate.
(2)
Without limiting subsection (1) (b), the
Secretary may extend the period within which an application for the
restoration of a licence or drivers certificate may be made if the Secretary
is satisfied that—
(a)
in a case where the applicant failed to apply for
renewal before the licence or drivers certificate expired—the failure to
apply for renewal of the licence or drivers certificate before it expired was
due to inadvertence, or
(b)
it is just and equitable to restore the licence
or drivers certificate.
(3)
A licence or drivers certificate that has been
surrendered or cancelled must not be restored.
(4)
An application for the restoration of a licence
or drivers certificate must—
(a)
be made in the approved form (if any),
and
(b)
be accompanied by the fee prescribed by the
regulations, and
(c)
nominate a term of duration for the licence or
drivers certificate.
(5)
A licence or drivers certificate restored at any
time is taken to have been restored from the day on which the licence or
drivers certificate expired.
(6)
Subject to this section, this Act applies to an
application for the restoration of a licence or drivers certificate in the
same way as it applies to an application for a licence or drivers
certificate.
[8]Section 105
Regulations
Insert after section 105 (2) (p)—
(q)
the waiver or refund of the whole or any part of
a fee for any service provided by the Secretary under this Act or the
regulations.
sch 2: Am 1987 No 15,
sec 30C.