2016
2016
2018-10-31
act
government
publicspecial
act.reprint
act-2018-025
partuncommenced
2016-10-19
2016-11-09
0
2018-10-31
act-2018-065
2016
none
act-2016-060
8f227a0a-aa1d-43d9-982d-cbcf52f355a2
6026438a-6291-40bc-aa13-c62e9c2a4bbc
Repeal:
This Act was repealed by Sch 12 to the Fair Trading Legislation Amendment (Reform) Act
2018 No 65 with effect from
31.10.2018.
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to amend regulatory and other Acts and
instruments; and to repeal certain Acts and instruments for the purpose of
statute law revision.
1Name of
Act
This Act is the Regulatory and
Other Legislation (Amendments and Repeals) Act
2016.
2Commencement
(1)
This Act commences on the date of assent to this
Act, except as otherwise provided by this section.
(2)
Schedules 1 and 2 (except for items [1], [2],
[4], [6] and [8]–[16] of Schedule 2.4) and clause 1 of Schedule 3
commence on a day or days to be appointed by
proclamation.
Schedule 1
sch 1: Rep 1987 No
15, sec 30C.
Schedule 2Amendment of other Acts and
regulations
2.1Conveyancers Licensing Act 2003 No
3
[1]Section
17
Omit the section. Insert instead:
17Duration
(1)
A licence has effect for the term specified in
the licence (not exceeding 3 years) unless it is sooner
cancelled.
(2)
The suspension of a licence does not affect the
term of the licence.
[2]Schedule 1 Savings and
transitional provisions
Insert at the end of clause 2 (1):
any other Act that amends this
Act
[3]Schedule
1
Insert at the end of the Schedule, with
appropriate Part and clause numbering:
PartProvision consequent on
enactment of Regulatory and Other Legislation
(Amendments and Repeals) Act 2016
Duration of
licences
Section 17, as in force immediately before its
substitution by the Regulatory and Other Legislation
(Amendments and Repeals) Act 2016, continues to have
effect in relation to a licence in force immediately before that
substitution.
2.2Conveyancers Licensing Regulation
2015
[1]Clause
5A
Insert after clause 5:
5ARefund of application fees for
certain 3-year licences
(1)
This clause applies to an application fee paid by
or on behalf of a person who has surrendered a licence granted under the Act
or has died, but only if the term of the licence was 3
years.
(2)
A person may apply to the Secretary for a refund
of an application fee to which this clause applies if the person:
(a)
paid the application fee, or
(b)
is the legal representative of a deceased person
who paid the application fee, or
(c)
is applying for or on behalf of the person who
paid the application fee.
(3)
A person who makes an application under subclause
(2) is:
(a)
if the surrender or death occurred not more than
one year after the date of the grant, renewal or restoration of the
licence—to be refunded two-thirds of the application fee (excluding the
processing component) so paid, or
(b)
if the surrender or death occurred more than one
year but not more than 2 years after the date of the grant, renewal or
restoration of the licence—to be refunded one-third of the application
fee (excluding the processing component) so paid.
(4)
In this clause:
application fee means any of the
following:
(a)
an application fee for the grant of a new
licence,
(b)
an application fee for the renewal of a
licence,
(c)
an application fee for the restoration of a
licence.
processing component of an
application fee is the amount set out in Column 3 of Schedule 2 in relation to
the fee.
[2]
2.3, 2.4
2.5Pawnbrokers and Second-hand Dealers Act 1996 No
13
[1]Section
10
Omit the section. Insert instead:
10Duration of
licence
(1)
A licence has effect for the term specified in
the licence (not exceeding 3 years) unless it is sooner
cancelled.
(2)
The suspension of a licence does not affect the
term of the licence.
[2]Section 43
Regulations
Insert after section 43 (1) (g):
(g1)
the waiver or refund of the whole or any part of
a fee chargeable for any service provided by the Secretary under this Act or
the regulations,
[3]Schedule 2 Savings and
transitional provisions
Insert at the end of clause 2 (1):
any other Act that amends this
Act
[4]Schedule
2
Insert at the end of the Schedule, with
appropriate Part and clause numbering:
PartProvision consequent on
enactment of Regulatory and Other Legislation
(Amendments and Repeals) Act 2016
Duration of
licences
Section 10, as in force immediately before its
substitution by the Regulatory and Other Legislation
(Amendments and Repeals) Act 2016, continues to have
effect in relation to a licence in force immediately before that
substitution.
2.6Pawnbrokers and Second-hand Dealers Regulation
2015
[1]Clause
8A
Insert after clause 8:
8ARefund of application fees for
certain 3-year licences
(1)
This clause applies to an application fee paid by
or on behalf of a person who has surrendered a licence granted under the Act
or has died, but only if the term of the licence was 3
years.
(2)
A person may apply to the Secretary for a refund
of an application fee to which this clause applies if the person:
(a)
paid the application fee, or
(b)
is the legal representative of a deceased person
who paid the application fee, or
(c)
is applying for or on behalf of the person who
paid the application fee.
(3)
A person who makes an application under subclause
(2) is:
(a)
if the surrender or death occurred not more than
one year after the date of the grant, renewal or restoration of the
licence—to be refunded two-thirds of the application fee (excluding the
processing component) so paid, or
(b)
if the surrender or death occurred more than one
year but not more than 2 years after the date of the grant, renewal or
restoration of the licence—to be refunded one-third of the application
fee (excluding the processing component) so paid.
(4)
In this clause:
application fee means any of the
following:
(a)
an application fee for the grant of a new
licence,
(b)
an application fee for the renewal of a
licence,
(c)
an application fee for the restoration of a
licence.
processing component of an
application fee is the amount set out in Column 3 of Schedule 3 in relation to
the fee.
[2]
2.7
sch 2: Am 1987 No 15,
sec 30C. Am 2018 No 25, Sch 6.
Schedules 3, 4
sch 3: Am 1987 No 15,
sec 30C. Rep 1987 No 15, sec 30C.
sch 4: Rep 1987 No
15, sec 30C.
Historical
notes
Table of amending
instruments
Regulatory and
Other Legislation (Amendments and Repeals) Act 2016 No 60.
Assented to 14.11.2016. Date of commencement (except Schs 1 and 2, except Sch
2.4 [1] [2] [4] [6] and [8]–[16], and cl 1 of Sch 3), assent, sec 2 (1);
date of commencement of Sch 1, 16.12.2016, sec 2 (2) and 2016 (744) LW
9.12.2016; date of commencement of Sch 2 (except Schs 2.3, 2.4 and 2.7): not
in force; Sch 2.2 [2] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2018
No 25; date of commencement of Sch 2.3, 1.7.2017, sec 2 (2) and 2017
(159) LW 28.4.2017; date of commencement of Sch 2.4 (except Sch 2.4 [1] [2]
[4] [6] and [8]–[16]), 28.4.2017, sec 2 (2) and 2017 (159) LW 28.4.2017;
Sch 2.6 [2] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2018
No 25; date of commencement of Sch 2.7, 30.1.2017, sec 2 (2) and 2016
(744) LW 9.12.2016; date of commencement of cl 1 of Sch 3 (except to the
extent that it repeals sec 6 (1) (c) and (2) of the Photo
Card Act 2005 and cl 47 (2) of the Road Transport (Driver Licensing) Regulation
2008), 28.4.2017, sec 2 (2) and 2017 (159) LW 28.4.2017;
date of commencement of cl 1 of Sch 3 to the extent that it repeals sec 6 (1)
(c) and (2) of the Photo Card Act
2005 and cl 47 (2) of the Road Transport (Driver Licensing) Regulation
2008, 1.3.2017, sec 2 (2) and 2017 (43) LW 24.2.2017. This
Act has been amended as follows:
2018
No
25
Statute Law
(Miscellaneous Provisions) Act 2018. Assented to
15.6.2018.
Date of commencement of Sch 6, 14 days after assent, sec
2 (1).
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
1
Rep 1987 No
15, sec 30C.
Sch
2
Am 1987 No
15, sec 30C. Am 2018 No 25, Sch 6.
Sch
3
Am 1987 No
15, sec 30C. Rep 1987 No 15, sec 30C.
Sch
4
Rep 1987 No
15, sec 30C.