An Act to establish uniform procedures with respect to the administration of licensing and registration schemes; and consequentially to amend various Acts and regulations.
Part 1 Preliminary
1 Name of Act
This Act is the Licensing and Registration (Uniform Procedures) Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation.(2) Different days may be appointed for the commencement of Schedules 1, 2 and 3 with respect to matter relating to different Acts or statutory rules or different provisions of the same Act or statutory rule.(3) Different days may be appointed for the commencement of a single provision of Schedule 4 for the purpose of commencing the amendments effected by the provision on different days.
2A Notes
Notes included in this Act do not form part of this Act.s 2A: Ins 2004 No 105, Sch 1 [1].
Part 2 Uniform licensing procedures
Division 1 Preliminary
3 Application of Part
(1) This Part applies to licences arising under a legislative provision referred to in Schedule 1, subject to any modifications or limitations prescribed by or under the relevant licensing legislation.(2) A statutory rule that establishes, amends or repeals a licensing scheme may amend Schedule 1 so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.(3) In the event of an inconsistency between this Part (as applied to a licence arising under a legislative provision referred to in Schedule 1) and the relevant licensing legislation, the relevant licensing legislation prevails to the extent of the inconsistency.(4) This Part does not limit or otherwise affect the operation of:(a) the Mutual Recognition Act 1992 of the Commonwealth, or(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
4 Definitions
In this Part:advertised application means an application referred to in section 15 (1).application means any application referred to in Division 2.continuing licence means a licence that is not a fixed-term licence.discretionary condition, in relation to a licence, means a condition that the relevant licensing legislation authorises to be imposed on the licence, but does not include a condition:(a) that the relevant licensing legislation or this Part imposes, or requires to be imposed, on the licence, or(b) that the relevant licensing legislation authorises to be imposed on the licence in consequence of any disciplinary proceedings against the licensee.electronic communication has the same meaning as it has in the Electronic Transactions Act 2000, but does not include communication by means of facsimile transmission.fixed-term licence means a licence that, under the relevant licensing legislation, has effect for a fixed period or until a fixed date.information technology requirements includes software requirements.licence includes any permit, approval, certificate, exemption or other such authority, other than a certificate issued in connection with registration under Part 3.means the person or body that, under the relevant licensing legislation, is authorised to grant a licence.licensing legislation means the Act or statutory rule under which a licence is granted.objector, in relation to an advertised application, means a person who has made submissions with respect to the application under section 15.principal officer, in relation to a licensing authority, means the person prescribed by or under the relevant licensing legislation as the principal officer of that authority for the purposes of this Part or, if no such person is prescribed:(a) if the authority is a statutory body:(i) in the case of a body corporate that has no members, the person who manages the authority’s affairs, or(ii) in the case of a body constituted by one person, that person, or(iii) in the case of a body constituted by more than one person, the person entitled to preside at meetings of those persons, or(b) if the authority is the council of a local government area, the general manager of the council, or(c) if the authority is a public office, the holder of that office.processing fee, in relation to an application, means any fee prescribed by or under the relevant licensing legislation as a fee to cover:(a) the costs incurred by the relevant licensing authority in processing the application, and(b) in the case of an advertised application, the costs incurred by the relevant licensing authority in advertising the application.registered particulars means such particulars with respect to a licence as are required by or under the relevant licensing legislation to be registered or recorded by the relevant licensing authority.
5 Part binds Crown
This Part binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Division 2 Applications
6 Applications for granting of licences
(1) An application for the granting of a licence may be made to the relevant licensing authority by any individual aged 18 years or more, by any partnership or other association whose members are all individuals aged 18 years or more or by any corporation.(2) If the relevant licensing legislation provides for the issuing of different classes of licence, the application must specify the class of licence sought by the applicant.(3) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
7 Applications for amendment of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be amended.(2) An application for the amendment of a licence may be made to the relevant licensing authority by the licensee at any time while the licence is in force.
8 Applications for transfer of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be transferred.(2) An application for the transfer of a licence may be made to the relevant licensing authority by the licensee, together with the proposed transferee, at any time while the licence is in force.(3) The proposed transferee may be any individual aged 18 years or more, any partnership or other association whose members are all individuals aged 18 years or more or any corporation.
9 Applications for renewal of licences
(1) An application for the renewal of a fixed-term licence may be made to the relevant licensing authority by the licensee:(a) in the case of a licence having a term of less than 3 months, at any time within 2 weeks before the licence expires, or(b) in the case of a licence having a term of 3 months or more up to 12 months, at any time within 4 weeks before the licence expires, or(c) in the case of a licence having a term of more than 12 months, at any time within 8 weeks before the licence expires.(2) If the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
10 Applications for restoration of licences
(1) An application for the restoration of a licence may be made to the relevant licensing authority by the licensee at any time after the licence expires or is cancelled.(2) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
11 Applications for replacement of licences
An application for the replacement of a licence may be made to the relevant licensing authority by the licensee if the licence is lost, damaged or destroyed.
12 Procedure for making applications
(1) An application may be made in writing or by means of electronic communication.(2) An application with respect to a partnership or other association may be made on its behalf by any duly authorised member or employee.(3) An application with respect to a corporation may be made on its behalf by any director or by any duly authorised employee.(4) If made in writing, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and(b) must be signed:(i) by the applicant, and(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and(c) must be lodged with, or sent to, the relevant licensing authority.(5) If made by means of electronic communication, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and(b) must be authenticated, as required by the relevant licensing authority:(i) by the applicant, and(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and(c) must be lodged with the relevant licensing authority in accordance with that authority’s information technology requirements for the receipt of electronic communications.(6) A single application may be made to the same licensing authority in relation to more than one licence.
13 Application fees
(1) An applicant must make provision, as required by the relevant licensing authority, for paying any fees payable under the relevant licensing legislation in connection with the application.(2) In the case of an application made by means of electronic communication, any processing fee that is otherwise payable in respect of the application:(a) is to be reduced by $5, orwhichever results in the greater reduction.(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,
Division 3 Determination of applications
14 Provision of further information and supporting evidence
(1) The relevant licensing authority may serve notice on an applicant requiring the applicant to provide:(a) such information further to the original information contained in the application, andas the authority may require to enable it to deal with the application.(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,Note—Part 4A makes special provision for photographic identification for some licences.(2) In particular, the relevant licensing authority may require an applicant to provide:(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant licensing authority may refuse the application without dealing with it any further.(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 22 but not to a right of review under section 23.s 14, note: Ins 2004 No 105, Sch 1 [2].
15 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant licensing legislation, is required to be advertised.(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales:(a) by the applicant, oras the relevant licensing legislation requires.(b) by the relevant licensing authority,(3) The notice must indicate:(a) that any person may make submissions to the relevant licensing authority with respect to the application, and(b) the procedure by which, and the date before which, any such submission must be lodged.(4) The date referred to in subsection (3) (b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
16 Withdrawal of applications
(1) An applicant may withdraw an application at any time before a licence is issued under section 20.(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 22.
17 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a licensing authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.(2) A licensing authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.(3) In calculating a period referred to in subsection (1), the following periods are to be excluded:(a) any period between:(i) the date on which a request for further information or supporting evidence is made under section 14, and(ii) the date on which that further information or supporting evidence is furnished,(b) any period between:(i) the date on which a notice is published under section 15 with respect to the application, and(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,(c) in the case of an application that the relevant licensing authority is required to refer to some other person or body for consideration, whether under the relevant licensing legislation or otherwise, any period (not exceeding 14 days) between:(i) the date on which the authority refers the application to that other person or body, and(ii) the date on which the authority receives a response to that reference from that other person or body,(d) in the case of an application with respect to a person whom the relevant licensing authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between:(i) the date on which the authority refers the applicant for assessment, and(ii) the date on which the authority obtains or receives the results of the assessment.
18 Decision on applications
(1) A licensing authority may make either of the following decisions with respect to an application:(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant licensing legislation,(b) a decision to refuse the application.(2) Before making its decision with respect to an advertised application, the licensing authority must have regard to such submissions as have been made in accordance with section 15.
19 Notice of decision on applications
(1) A licensing authority must cause notice of its decision under section 18 on an application to be served on the applicant and (in the case of an advertised application to which any objection has been made) on each objector within 14 days after the decision is made.(2) If the decision is that the application is to be granted but the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued under section 20, the notice must indicate the amount of the fee to be paid.(3) As soon as practicable after an applicant or (in the case of an advertised application to which any objection has been made) an objector so requests, the relevant licensing authority must cause notice of the reasons for its decision to be served on the applicant or objector.(4) Subsection (3) does not apply to any decision in respect of which there is a right of review by the Administrative Decisions Tribunal under section 23.
20 Issue of licence
(1) A licensing authority that grants an application must issue to the applicant an original or replacement licence, as the case requires.(2) The licence is to be issued:(a) if the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued, on payment of the fee, or(b) in any other case, when notice of the licensing authority’s decision is served on the applicant as referred to in section 19.(3) A licence:(a) must be in a form approved by the licensing authority, and(b) must include the following particulars:(i) a unique identifier,(ii) the name of the licensee,(iii) the kind of licence it is, whether by reference to the provision of the relevant licensing legislation or otherwise,(iv) the authority conferred by the licence and (in the case of a licence that is subject to discretionary conditions) a statement to that effect,(v) the date on which the licence comes into force and (in the case of a fixed-term licence) the date on which the licence expires, and(c) may include such other particulars as the licensing authority considers appropriate to include in the licence.(4) A licence may indicate the kind of licence it is, and the authority it confers, by reference to words, codes or symbols prescribed for that purpose by the relevant licensing legislation.(5) A single document may contain one or more licences together with one or more certificates of registration under Part 3.
21 Duration of licence
(1) Subject to subsection (2), a licence comes into force:(a) on the date on which it is issued, or(b) on such other date (whether earlier or later) as is specified in the licence.(2) A renewed (but not a restored) licence comes into force on the date following the expiry date of the licence it renews.(3) A licence that comes into force before the date on which it is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant licensing legislation.(4) Unless sooner cancelled, a fixed-term licence remains in force for such period as is specified in the licence.(5) If an application for renewal of a licence is made before the date on which the licence would otherwise expire, the licence remains in force, for the purposes only of this Act and the relevant licensing legislation, until the date on which the applicant is notified of the relevant licensing authority’s decision on the application.(6) Subsection (5) does not affect any requirements (such as requirements as to insurance) that must be complied with by a licensee under the relevant licensing legislation.(7) Without limiting any other circumstances in which a licence may be cancelled, a licence is taken to be cancelled for the purposes of this section if the licensee surrenders the licence to the relevant licensing authority together with a notice to the effect that the licensee intends that the licence be cancelled.(8) Subject to subsection (7), nothing in this section authorises the suspension or cancellation of a licence.
22 Refund of certain fees
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
23 Review of decisions
(1) An applicant who is aggrieved by the relevant licensing authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant licensing legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant licensing legislation does not provide the applicant with such a right, to the Administrative Decisions Tribunal.(2) An objector who is aggrieved by the relevant licensing authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant licensing legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant licensing legislation does not provide the objector with such a right, to the Administrative Decisions Tribunal.(3) For the purposes of section 67 (2) (e) of the Administrative Decisions Tribunal Act 1997, the parties to proceedings before the Administrative Decisions Tribunal on a review arising under subsection (1) (b) or (2) (b) include, in the case of an advertised application in respect of which any objection has been duly made under section 15, any objector who, in accordance with rules of the Tribunal, gives notice to the Tribunal of the objector’s wish to become a party to the appeal.
Division 4 Administration of licensing schemes
24 Periodic updating of registered particulars
(1) It is a condition of a licence (whether fixed-term or continuing) that the licensee must notify the relevant licensing authority, within 14 days after the change, of any change that occurs in the licensee’s name, address or other registered particulars.(2) It is a condition of a continuing licence that the licensee must notify the relevant licensing authority, within 14 days after each anniversary of the date on which the licence was issued, that the licensee’s registered particulars have not changed since the more recent of the following:(a) the date on which the licence was issued,(b) the date on which the licensee last gave notice under this section.
25 Periodic administration fees for continuing licences
(1) It is a condition of a continuing licence that the licensee must, within 14 days after each anniversary of the date on which the licence was issued, pay to the relevant licensing authority a licence administration fee of an amount prescribed by or under the relevant licensing legislation.(2) If payment is made by means of electronic communication, the licence administration fee otherwise payable:(a) is to be reduced by $5, orwhichever results in the greater reduction.(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,s 25: Am 2002 No 112, Sch 1.13 [1].
26 Evidentiary certificates
(1) A certificate that is issued by a licensing authority and that states that, on a specified date or during a specified period:(a) a specified person was or was not a licensee under a specified licence or under a licence of a specified kind, or(b) a specified person’s licence was or was not in specified terms, or(c) a specified person’s licence was or was not subject to specified conditions, oris admissible in legal proceedings as evidence of the matters so stated.(d) a specified person’s licence was or was not suspended or cancelled,(2) This section is in addition to any provision of the relevant licensing legislation with respect to evidentiary certificates.
27 Service of notices
(1) Any notice that a licensing authority is authorised or required by this Part to serve on a person may be served:(a) in the case of an individual:(i) by delivering it personally to the individual, or(ii) by sending it by post, addressed to the individual at the address recorded in the register as the individual’s residential address, business address or address for service of notices, or(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the individual’s residential address or business address, or(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the individual at the address recorded in the register as the individual’s address for service of electronic communications or facsimile transmissions, in accordance with the individual’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions, or(b) in the case of a corporation:(i) by delivering it personally to a person concerned in the corporation’s management, or(ii) by sending it by post, addressed to the corporation at the address recorded in the register as the corporation’s business address or address for service of notices, or(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the corporation’s business address, or(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the corporation at the address recorded in the register as the corporation’s address for service of electronic communications or facsimile transmissions, in accordance with the corporation’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions.(2) In the case of joint applicants or joint licensees, any notice that under this Part is required to be served on an applicant or licensee is taken to have been served on all of them when it is served on any one of them.(3) This section does not affect any other Act or law with respect to the service of notices or other documents.
28 Applications sent by facsimile
(1) The facsimile copy of an application sent by facsimile transmission is taken to be in writing and has the same effect as the original and, for that purpose, a facsimile signature on the facsimile copy has the same effect as an original signature.(2) This section does not apply to any document that accompanies an application.
29 Recovery of unpaid fees
Any fee payable in connection with a licence or an application for a licence may be recovered by the relevant licensing authority as a debt in any court of competent jurisdiction.
30 Exercise of licensing authority’s functions
A licensing authority’s functions under this Part may be exercised on its behalf:(a) by the principal officer of the licensing authority, or(b) by such other person as the licensing authority may authorise in that regard.
31 Application of Electronic Transactions Act 2000
Subject to the provisions of the relevant licensing legislation:(a) any question as to the time and place of dispatch or receipt of an electronic communication made for the purposes of this Part is to be decided in accordance with section 13 of the Electronic Transactions Act 2000, and(b) any question as to whether the purported originator of an electronic communication made for the purposes of this Part is bound by that communication is to be decided in accordance with section 14 of the Electronic Transactions Act 2000.
Part 3 Uniform registration procedures
Division 1 Preliminary
32 Application of Part
(1) This Part applies to registration under a legislative provision referred to in Schedule 2, subject to any modifications or limitations prescribed by or under the relevant registration legislation.(2) A statutory rule that establishes, amends or repeals a registration scheme may amend Schedule 2 so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.(3) In the event of an inconsistency between this Part (as applied to registration arising under a legislative provision referred to in Schedule 2) and the relevant registration legislation, the relevant registration legislation prevails to the extent of the inconsistency.(4) This Part does not limit or otherwise affect the operation of:(a) the Mutual Recognition Act 1992 of the Commonwealth, or(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
33 Definitions
In this Part:advertised application means an application referred to in section 44 (1).application means any application referred to in Division 2.certificate of registration means a certificate referred to in section 49.continuing registration means registration that is not fixed-term registration.discretionary condition, in relation to registration, means a condition that the relevant registration legislation authorises to be imposed on registration, but does not include a condition:(a) that the relevant registration legislation or this Part imposes, or requires to be imposed, on registration, or(b) that the relevant registration legislation authorises to be imposed on registration in consequence of any disciplinary proceedings against the registered person.electronic communication has the same meaning as it has in the Electronic Transactions Act 2000, but does not include communication by means of facsimile transmission.fixed-term registration means registration that, under the relevant registration legislation, has effect for a fixed period or until a fixed date.information technology requirements includes software requirements.objector, in relation to an advertised application, means a person who has made submissions with respect to the application under section 44.principal officer, in relation to a registration authority, means the person prescribed by or under the relevant registration legislation as the principal officer of that authority for the purposes of this Part or, if no such person is prescribed:(a) if the authority is a statutory body:(i) in the case of a body corporate that has no members, the person who manages the authority’s affairs, or(ii) in the case of a body constituted by one person, that person, or(iii) in the case of a body constituted by more than one person, the person entitled to preside at meetings of those persons, or(b) if the authority is the council of a local government area, the general manager of the council, or(c) if the authority is a public office, the holder of that office.processing fee, in relation to an application, means any fee prescribed by or under the relevant registration legislation as a fee to cover:(a) the costs incurred by the relevant registration authority in processing the application, and(b) in the case of an advertised application, the costs incurred by the relevant registration authority in advertising the application.registered particulars means such particulars with respect to registration as are required by or under the relevant registration legislation to be registered or recorded by the relevant registration authority.registration includes any enrolment, accreditation or other such authority.means the person or body that, under the relevant registration legislation, is authorised to grant registration.registration legislation means the Act or statutory rule under which registration is granted.
34 Part binds Crown
This Part binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Division 2 Applications
35 Applications for granting of registration
(1) An application for the granting of registration may be made to the relevant registration authority by any individual aged 18 years or more, by any partnership or other association whose members are all individuals aged 18 years or more or by any corporation.(2) If the relevant registration legislation provides for the granting of different classes of registration, the application must specify the class of registration sought by the applicant.(3) If in the case of fixed-term registration the relevant registration legislation provides for the granting of registration for varying terms, the application must specify the term of registration sought by the applicant.
36 Applications for amendment of registration
(1) This section applies to registration that, pursuant to the relevant registration legislation, may be amended.(2) An application for the amendment of registration may be made to the relevant registration authority by the registered person at any time while registration is in force.
37 Applications for transfer of registration
(1) This section applies to registration that, pursuant to the relevant registration legislation, may be transferred.(2) An application for the transfer of registration may be made to the relevant registration authority by the registered person, together with the proposed transferee, at any time while registration is in force.(3) The proposed transferee may be any individual aged 18 years or more, any partnership or other association whose members are all individuals aged 18 years or more or any corporation.
38 Applications for renewal of registration
(1) An application for the renewal of fixed-term registration may be made to the relevant registration authority by the registered person:(a) in the case of registration having a term of less than 3 months, at any time within 2 weeks before registration expires, or(b) in the case of registration having a term of 3 months or more up to 12 months, at any time within 4 weeks before registration expires, or(c) in the case of registration having a term of more than 12 months, at any time within 8 weeks before registration expires.(2) If the relevant registration legislation provides for the granting of registration for varying terms, the application must specify the term of registration sought by the applicant.
39 Applications for restoration of registration
(1) An application for the restoration of registration may be made to the relevant registration authority by the registered person at any time after registration expires or is cancelled.(2) If in the case of fixed-term registration the relevant registration legislation provides for the granting of registration for varying terms, the application must specify the term of registration sought by the applicant.
40 Applications for replacement of certificates of registration
An application for the replacement of a certificate of registration may be made to the relevant registration authority by the registered person if the certificate is lost, damaged or destroyed.
41 Procedure for making applications
(1) An application may be made in writing or by means of electronic communication.(2) An application with respect to a partnership or other association may be made on its behalf by any duly authorised member or employee.(3) An application with respect to a corporation may be made on its behalf by any director or by any duly authorised employee.(4) If made in writing, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant registration legislation, and(b) must be signed:(i) by the applicant, and(ii) in the case of an application for the transfer of registration, by the proposed transferee, and(c) must be lodged with, or sent to, the relevant registration authority.(5) If made by means of electronic communication, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant registration legislation, and(b) must be authenticated, as required by the relevant registration authority:(i) by the applicant, and(ii) in the case of an application for the transfer of registration, by the proposed transferee, and(c) must be lodged with the relevant registration authority in accordance with that authority’s information technology requirements for the receipt of electronic communications.(6) A single application may be made to the same registration authority in relation to more than one form of registration.
42 Application fees
(1) An applicant must make provision, as required by the relevant registration authority, for paying any fees payable under the relevant registration legislation in connection with the application.(2) In the case of an application made by means of electronic communication, any processing fee that is otherwise payable in respect of the application:(a) is to be reduced by $5, orwhichever results in the greater reduction.(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,
Division 3 Determination of applications
43 Provision of further information and supporting evidence
(1) The relevant registration authority may serve notice on an applicant requiring the applicant to provide:(a) such information further to the original information contained in the application, andas the authority may require to enable it to deal with the application.(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,Note—Part 4A makes special provision for photographic identification for some registration.(2) In particular, the relevant registration authority may require an applicant to provide:(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant registration authority may refuse the application without dealing with it any further.(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 51 but not to a right of review under section 52.s 43, note: Ins 2004 No 105, Sch 1 [3].
44 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant registration legislation, is required to be advertised.(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales:(a) by the applicant, oras the relevant registration legislation requires.(b) by the relevant registration authority,(3) The notice must indicate:(a) that any person may make submissions to the relevant registration authority with respect to the application, and(b) the procedure by which, and the date before which, any such submission must be lodged.(4) The date referred to in subsection (3) (b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
45 Withdrawal of applications
(1) An applicant may withdraw an application at any time before a certificate of registration is issued under section 49.(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 51.
46 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a registration authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.(2) A registration authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.(3) In calculating a period referred to in subsection (1), the following periods are to be excluded:(a) any period between:(i) the date on which a request for further information or supporting evidence is made under section 43, and(ii) the date on which that further information or supporting evidence is furnished,(b) any period between:(i) the date on which a notice is published under section 44 with respect to the application, and(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,(c) in the case of an application that the relevant registration authority is required to refer to some other person or body for consideration, whether under the relevant registration legislation or otherwise, any period (not exceeding 14 days) between:(i) the date on which the authority refers the application to that other person or body, and(ii) the date on which the authority receives a response to that reference from that other person or body,(d) in the case of an application with respect to a person whom the relevant registration authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between:(i) the date on which the authority refers the applicant for assessment, and(ii) the date on which the authority obtains or receives the results of the assessment.
47 Decision on applications
(1) A registration authority may make either of the following decisions with respect to an application:(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant registration legislation,(b) a decision to refuse the application.(2) Before making its decision with respect to an advertised application, the registration authority must have regard to such submissions as have been made in accordance with section 44.
48 Notice of decision on applications
(1) A registration authority must cause notice of its decision under section 47 on an application to be served on the applicant and (in the case of an advertised application to which any objection has been made) on each objector within 14 days after the decision is made.(2) If the decision is that the application is granted but the relevant registration legislation requires payment of any fee in connection with registration before a certificate of registration is issued under section 49, the notice must indicate the amount of the fee to be paid.(3) As soon as practicable after an applicant or (in the case of an advertised application to which any objection has been made) an objector so requests, the relevant registration authority must cause notice of the reasons for its decision to be served on the applicant or objector.(4) Subsection (3) does not apply to any decision in respect of which there is a right of review by the Administrative Decisions Tribunal under section 52.
49 Issue of certificate of registration
(1) A registration authority that grants an application for registration:(a) must record the following particulars in the relevant register:(i) the name of the registered person,(ii) the kind of registration it is, whether by reference to the provision of the relevant registration legislation or otherwise,(iii) the authority conferred by registration and (in the case of registration that is subject to discretionary conditions) a statement to that effect,(iv) the date on which registration comes into force and (in the case of fixed-term registration) the date on which registration expires, and(b) must record in the relevant register such other particulars as the relevant registration legislation requires to be recorded in the register, and(c) may record in the relevant register such other particulars as the relevant registration legislation authorises to be recorded in the register, and(d) must issue a certificate of registration to the applicant.(2) The certificate of registration is to be issued:(a) if the relevant registration legislation requires payment of any fee in connection with registration before the certificate is issued, on payment of the fee, or(b) in any other case, when notice of the decision is served on the applicant as referred to in section 48.(3) A certificate of registration:(a) must be in a form approved by the registration authority, and(b) must include the following particulars:(i) a unique identifier,(ii) the particulars recorded in the register under subsection (1) (a), and(c) may include such other particulars as the registration authority considers appropriate to include in the certificate.(4) The registration authority may issue replacement certificates of registration not only in response to an application by the registered person under Division 2 but also whenever there is a change in the particulars recorded in the register under subsection (1) (a) in relation to the registered person.(5) A certificate of registration may indicate the kind of registration it refers to, and the authority conferred by registration, by reference to words, codes or symbols prescribed for that purpose by the relevant registration legislation.(6) A single document may contain one or more certificates of registration together with one or more licences under Part 2.
50 Duration of registration
(1) Subject to subsection (2), registration comes into force:(a) on the date on which the relevant certificate of registration is issued, or(b) on such other date (whether earlier or later) as is specified in the certificate.(2) Renewed (but not restored) registration comes into force, or is taken to have come into force, on the date following the expiry date of the registration it renews.(3) Registration that comes into force before the date on which the relevant certificate of registration is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant registration legislation.(4) Unless sooner cancelled, fixed-term registration remains in force for such period as is specified in the relevant certificate of registration.(5) If an application for renewal of registration is made before the date on which registration would otherwise expire, registration remains in force, for the purposes only of this Act and the relevant registration legislation, until the date on which the applicant is notified of the relevant registration authority’s decision on the application.(6) Subsection (5) does not affect any requirements (such as requirements as to insurance) that must be complied with by a registered person under the relevant registration legislation.(7) Without limiting any other circumstances in which registration may be cancelled, registration is taken to be cancelled for the purposes of this section if the registered person surrenders the relevant certificate of registration together with a notice to the effect that the registered person intends that registration be cancelled.(8) Subject to subsection (7), nothing in this section authorises the suspension or cancellation of registration.
51 Refund of certain fees
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
52 Review of decisions
(1) An applicant who is aggrieved by the relevant registration authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant registration legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant registration legislation does not provide the applicant with such a right, to the Administrative Decisions Tribunal.(2) An objector who is aggrieved by the relevant registration authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant registration legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant registration legislation does not provide the objector with such a right, to the Administrative Decisions Tribunal.(3) For the purposes of section 67 (2) (e) of the Administrative Decisions Tribunal Act 1997, the parties to proceedings before the Administrative Decisions Tribunal on a review arising under subsection (1) (b) or (2) (b) include, in the case of an advertised application in respect of which any submission has been duly made under section 44, any objector who, in accordance with rules of the Tribunal, gives notice to the Tribunal of the objector’s wish to become a party to the appeal.
Division 4 Administration of registration schemes
53 Periodic updating of registered particulars
(1) It is a condition of registration (whether fixed-term or continuing) that the registered person must notify the relevant registration authority, within 14 days after the change, of any change that occurs in the registered person’s name, address or other registered particulars.(2) It is a condition of continuing registration that the registered person must notify the relevant registration authority, within 14 days after each anniversary of the date on which the relevant certificate of registration was issued, that the registered person’s registered particulars have not changed since the more recent of the following:(a) the date on which the certificate was issued,(b) the date on which the registered person last gave notice under this section.
54 Periodic administration fees for continuing registration
(1) It is a condition of continuing registration that the registered person must, within 14 days after each anniversary of the date on which the relevant certificate of registration was issued, pay to the relevant registration authority a registration administration fee of an amount prescribed by or under the relevant registration legislation.(2) If payment is made by means of electronic communication, the registration administration fee otherwise payable:(a) is to be reduced by $5, orwhichever results in the greater reduction.(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,s 54: Am 2002 No 112, Sch 1.13 [2].
55 Evidentiary certificates
(1) A certificate that is issued by a registration authority and that states that, on a specified date or during a specified period:(a) a specified person was or was not a registered person in respect of registration of a specified kind, or(b) a specified person’s registration was or was not in specified terms, or(c) a specified person’s registration was or was not subject to specified conditions, oris admissible in legal proceedings as evidence of the matters so stated.(d) a specified person’s registration was or was not suspended or cancelled,(2) This section is in addition to any provision of the relevant registration legislation with respect to evidentiary certificates.
56 Service of notices
(1) Any notice that a registration authority is authorised or required by this Part to serve on a person may be served:(a) in the case of an individual:(i) by delivering it personally to the individual, or(ii) by sending it by post, addressed to the individual at the address recorded in the register as the individual’s residential address, business address or address for service of notices, or(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the individual’s residential address or business address, or(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the individual at the address recorded in the register as the individual’s address for service of electronic communications or facsimile transmissions, in accordance with the individual’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions, or(b) in the case of a corporation:(i) by delivering it personally to a person concerned in the corporation’s management, or(ii) by sending it by post, addressed to the corporation at the address recorded in the register as the corporation’s business address or address for service of notices, or(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the corporation’s business address, or(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the corporation at the address recorded in the register as the corporation’s address for service of electronic communications or facsimile transmissions, in accordance with the corporation’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions.(2) In the case of joint applicants or joint registered persons, any notice that under this Part is required to be served on an applicant or registered person is taken to have been served on all of them when it is served on any one of them.(3) This section does not affect any other Act or law with respect to the service of notices or other documents.
57 Applications sent by facsimile
(1) The facsimile copy of an application sent by facsimile transmission is taken to be in writing and has the same effect as the original and, for that purpose, a facsimile signature on the facsimile copy has the same effect as an original signature.(2) This section does not apply to any document that accompanies an application.
58 Recovery of unpaid fees
Any fee payable in connection with registration or an application for registration may be recovered by the relevant registration authority as a debt in any court of competent jurisdiction.
59 Exercise of registration authority’s functions
A registration authority’s functions under this Part may be exercised on its behalf:(a) by the principal officer of the registration authority, or(b) by such other person as the registration authority may authorise in that regard.
60 Application of Electronic Transactions Act 2000
Subject to the provisions of the relevant registration legislation:(a) any question as to the time and place of dispatch or receipt of an electronic communication made for the purposes of this Part is to be decided in accordance with section 13 of the Electronic Transactions Act 2000, and(b) any question as to whether the purported originator of an electronic communication made for the purposes of this Part is bound by that communication is to be decided in accordance with section 14 of the Electronic Transactions Act 2000.
Part 4 Uniform registration procedures for health professionals
Division 1 Preliminary
61 Application of Part
(1) This Part applies to registration under a legislative provision referred to in Schedule 3, subject to any modifications or limitations prescribed by or under the relevant registration legislation.(2) A statutory rule that establishes, amends or repeals a registration scheme may amend Schedule 3 so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.(3) In the event of an inconsistency between this Part (as applied to registration arising under a legislative provision referred to in Schedule 3) and the relevant registration legislation, the relevant registration legislation prevails to the extent of the inconsistency.(4) This Part does not limit or otherwise affect the operation of:(a) the Mutual Recognition Act 1992 of the Commonwealth, or(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
62 Definitions
In this Part:application means any application referred to in Division 2.certificate of registration means a certificate referred to in section 75.discretionary condition, in relation to registration, means a condition that the relevant registration legislation authorises to be imposed on registration, but does not include a condition:(a) that the relevant registration legislation imposes, or requires to be imposed, on registration, or(b) that the relevant registration legislation authorises to be imposed on registration in consequence of any disciplinary proceedings against the registered person.electronic communication has the same meaning as it has in the Electronic Transactions Act 2000, but does not include communication by means of facsimile transmission.information technology requirements includes software requirements.processing fee, in relation to an application, means any fee prescribed by or under the relevant registration legislation as a fee to cover the costs incurred by the relevant registration authority in processing the application.registered particulars means such particulars with respect to registration as are required by or under the relevant registration legislation to be registered or recorded by the relevant registration authority.means the person or body that, under the relevant registration legislation, is authorised to grant registration.registration legislation means the Act or statutory rule under which registration is granted.
63 Part binds Crown
This Part binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Division 2 Applications
64 Applications for granting of registration
(1) An application for the granting of registration may be made to the relevant registration authority by any individual.(2) If the relevant registration legislation provides for the granting of different classes of registration, the application must specify the class of registration sought by the applicant.
65 Applications for amendment of registration
An application for the amendment of registration may be made to the relevant registration authority by the registered person at any time while registration is in force.
66 Applications for restoration of registration
An application for the restoration of registration may be made to the relevant registration authority by the registered person at any time after registration is cancelled.
67 Applications for replacement of certificates of registration
An application for the replacement of a certificate of registration may be made to the relevant registration authority by the registered person if the certificate is lost, damaged or destroyed.
68 Procedure for making applications
(1) An application may be made in writing or by means of electronic communication.(2) If made in writing, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant registration legislation, and(b) must be signed by the applicant, and(c) must be lodged with, or sent to, the relevant registration authority.(3) If made by means of electronic communication, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant registration legislation, and(b) must be authenticated, as required by the relevant registration authority, by the applicant, and(c) must be lodged with the relevant registration authority in accordance with that authority’s information technology requirements for the receipt of electronic communications.
69 Application fees
An applicant must make provision, as required by the relevant registration authority, for paying any fees payable under the relevant registration legislation in connection with the application.
Division 3 Determination of applications
70 Provision of further information and supporting evidence
(1) The relevant registration authority may serve notice on an applicant requiring the applicant to provide:(a) such information further to the original information contained in the application, andas the authority may require to enable it to deal with the application.(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,Note—Part 4A makes special provision for photographic identification for some registration.(2) In particular, the relevant registration authority may require an applicant to provide:(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 3 months after the notice is served, the relevant registration authority may refuse the application without dealing with it any further.(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 77 but not to a right of review under the relevant registration legislation.s 70, note: Ins 2004 No 105, Sch 1 [4].
71 Withdrawal of applications
(1) An applicant may withdraw an application at any time before a certificate of registration is issued under section 75.(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 77.
72 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a registration authority is taken to have made a decision to refuse the application if it has failed to determine the application within 3 months after the application is made.(2) A registration authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.(3) In calculating a period referred to in subsection (1), the following periods are to be excluded:(a) any period between:(i) the date on which a request for further information or supporting evidence is made under section 70, and(ii) the date on which that further information or supporting evidence is furnished,(b) in the case of an application with respect to a person whom the relevant registration authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between:(i) the date on which the authority refers the applicant for assessment, and(ii) the date on which the authority obtains or receives the results of the assessment.
73 Decision on applications
A registration authority may make either of the following decisions with respect to an application:(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant registration legislation,(b) a decision to refuse the application.
74 Notice of decision on applications
(1) A registration authority must cause notice of its decision under section 73 on an application to be served on the applicant within 21 days after the decision is made.(2) As soon as practicable after an applicant so requests, the relevant registration authority must cause notice of the reasons for its decision to be served on the applicant.
75 Issue of certificate of registration
(1) A registration authority that grants an application for registration:(a) must record the following particulars in the relevant register:(i) the name of the registered person,(ii) the kind of registration it is, whether by reference to the provision of the relevant registration legislation or otherwise,(iii) the authority conferred by registration and (in the case of registration that is subject to discretionary conditions) a statement to that effect,(iv) the date on which registration comes into force, and(b) must record in the relevant register such other particulars as the relevant registration legislation requires to be recorded in the register, and(c) may record in the relevant register such other particulars as the relevant registration legislation authorises to be recorded in the register, and(d) must issue a certificate of registration to the applicant.(2) The certificate of registration is to be issued when notice of the decision is served on the applicant as referred to in section 74.(3) A certificate of registration:(a) must be in a form approved by the registration authority, and(b) must include the following particulars:(i) a unique identifier,(ii) the particulars recorded in the register under subsection (1) (a), and(c) may include such other particulars as the registration authority considers appropriate to include in the certificate.(4) The registration authority may issue replacement certificates of registration not only in response to an application by the registered person under Division 2 but also whenever there is a change in the particulars recorded in the register under subsection (1) (a) in relation to the registered person.
76 Duration of registration
(1) Registration comes into force:(a) on the date on which the relevant certificate of registration is issued, or(b) on such other date (whether earlier or later) as is specified in the certificate.(2) Registration that comes into force before the date on which the relevant certificate of registration is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant registration legislation.
77 Refund of certain fees
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
Division 4 Administration of registration schemes
78 Service of notices
(1) Any notice that a registration authority is authorised or required by this Part to serve on a person may be served on an individual:(a) by delivering it personally to the individual, or(b) by sending it by post, addressed to the individual at the address recorded in the register as the individual’s residential address, business address or address for service of notices, or(c) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the individual’s residential address or business address, or(d) by sending it by means of electronic communication or facsimile transmission, addressed to the individual at the address recorded in the register as the individual’s address for service of electronic communications or facsimile transmissions, in accordance with the individual’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions.(2) In the case of joint applicants or joint registered persons, any notice that under this Part is required to be served on an applicant or registered person is taken to have been served on all of them when it is served on any one of them.(3) This section does not affect any other Act or law with respect to the service of notices or other documents.
79 Applications sent by facsimile
(1) The facsimile copy of an application sent by facsimile transmission is taken to be in writing and has the same effect as the original and, for that purpose, a facsimile signature on the facsimile copy has the same effect as an original signature.(2) This section does not apply to any document that accompanies an application.
80 Application of Electronic Transactions Act 2000
Subject to the provisions of the relevant registration legislation:(a) any question as to the time and place of dispatch or receipt of an electronic communication made for the purposes of this Part is to be decided in accordance with section 13 of the Electronic Transactions Act 2000, and(b) any question as to whether the purported originator of an electronic communication made for the purposes of this Part is bound by that communication is to be decided in accordance with section 14 of the Electronic Transactions Act 2000.
Part 4A Special provisions for ID photographs
pt 4A: Ins 2004 No 105, Sch 1 [5].
Division 1 Application and interpretation
pt 4A, div 1: Ins 2004 No 105, Sch 1 [5].
80A Application of Part
(1) This Part applies to a licence or certificate of registration under such of the legislative provisions referred to in Schedules 1, 2 and 3 as are referred to in Schedule 3A.(2) A statutory rule that establishes, amends or repeals a licensing or registration scheme may amend Schedule 3A so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.pt 4A, div 2 (ss 80A–80F): Ins 2004 No 105, Sch 1 [5].
80B Interpretation
(1) In this Part:applicant means an applicant under Part 2, 3 or 4 in respect of a licence or certificate of registration to which this Part applies.Director-General means the Director-General of the Department of Commerce.photograph includes a digitised, electronic or computer generated image, and electronic data and other information used to create or generate a photograph.RTA means the Roads and Traffic Authority.(2) Expressions used in this Part have the same meaning as they have in Parts 2, 3 and 4 in respect of the particular licence or certificate of registration to which the use of the expression relates.pt 4A, div 2 (ss 80A–80F): Ins 2004 No 105, Sch 1 [5].
Division 2 Photo-access arrangements
pt 4A, div 2 (ss 80A–80F): Ins 2004 No 105, Sch 1 [5].
80C Arrangements for the provision of photographs of applicants
(1) The Director-General may enter into the following arrangements (photo-access arrangements) to facilitate the provision to licensing and registration authorities of photographs of applicants in connection with applications to which this Part applies:(a) arrangements with the RTA and a licensing or registration authority (a ) for the RTA to provide the participating authority on behalf of an applicant with a photograph of the applicant as a means of compliance with a lawful requirement that a photograph of the applicant be provided in connection with the application concerned,(b) arrangements with a person or body (a service provider) for the provision by the service provider of information services for or on behalf of the RTA or a participating authority in connection with the arrangements referred to in paragraph (a), being services relating to the collection, processing, disclosure or use of, or provision of access to, information (including photographs).(2) A participating authority is entitled to require that a photograph that an applicant is required to provide to the authority in connection with an application to the authority must be provided under and in accordance with the photo-access arrangements.pt 4A, div 2 (ss 80A–80F): Ins 2004 No 105, Sch 1 [5].
80D What the photo-access arrangements can provide for
The photo-access arrangements can include provision for or with respect to the following:(a) authorising the RTA to take, store, use and provide photographs for the purposes of the arrangements, including photographs already held by the RTA in the exercise of any other functions of the RTA (such as photographs to which Part 5 of the Road Transport (Driver Licensing) Act 1998 applies),(b) authorising the collection of information by the RTA for use in connection with the arrangements, including information to assist the RTA to identify persons whose photographs are to be taken or provided by the RTA,(c) authorising the disclosure by the RTA to a participating authority of information (including photographs) held by the RTA, for the purpose of assisting the authority to verify the identity of an applicant,(d) authorising the disclosure by a participating authority to the RTA of information (including photographs) held by the participating authority, for the purpose of assisting the RTA to verify the identity of a person whose photograph is to be taken or provided by the RTA under the arrangements,(e) providing for the exercise by a service provider for or on behalf of the RTA or a participating authority of any functions of the RTA or participating authority under the arrangements,(f) the fees to be paid to the RTA (by a participating authority or applicant) in connection with any service provided by the RTA under the arrangements.pt 4A, div 2 (ss 80A–80F): Ins 2004 No 105, Sch 1 [5].
80E Functions for the purposes of photo-access arrangements
(1) The RTA, participating authorities and service providers are authorised to enter into the photo-access arrangements under this Part.(2) The RTA, participating authorities and service providers have and may exercise such functions as are conferred or imposed on them by or under the photo-access arrangements.(3) The RTA is authorised to charge and recover any fees that the photo-access arrangements provide are payable to the RTA. This section does not limit any power of the RTA under the Transport Administration Act 1988 or otherwise to charge or recover a fee.pt 4A, div 2 (ss 80A–80F): Ins 2004 No 105, Sch 1 [5].
80F Participating authorities required to accept photos provided under photo-access arrangements
(1) A photograph of an applicant provided under the photo-access arrangements is to be accepted by a participating authority as having been provided by the applicant, unless the authority is permitted under the arrangements to reject the photograph.(2) The photo-access arrangements can permit a participating authority to reject a photograph provided under the arrangements but only in the following circumstances:(a) the photograph is not a sufficiently recent photograph, having regard to the need for the photograph to be adequate for use as a means of identification until the end of the period of currency of the licence or certificate of registration concerned,(b) the image quality or other technical qualities of the photograph are not adequate, having regard to any special aspects of the purpose for which the photograph is to be used,(c) the Director-General is satisfied some other good reason exists that justifies rejection of the photograph.pt 4A, div 2 (ss 80A–80F): Ins 2004 No 105, Sch 1 [5].
Division 3 Security and protection of photographs
pt 4A, div 3: Ins 2004 No 105, Sch 1 [5].
80G Photographs to which Division applies
This Division applies to the following photographs:(a) photographs held by the RTA that have been taken pursuant to the photo-access arrangements (not including photographs kept by the RTA under Part 5 of the Road Transport (Driver Licensing) Act 1998),(b) photographs held by a participating authority or a service provider that have been provided by the RTA pursuant to the photo-access arrangements, whether those photographs were taken by the RTA pursuant to the arrangements or were photographs kept by the RTA under Part 5 of the Road Transport (Driver Licensing) Act 1998.s 80G: Ins 2004 No 105, Sch 1 [5].
80H Keeping and use of photographs
(1) A photograph to which this Division applies may be kept and used by the RTA, a participating authority or a service provider for one or more of the following purposes only:(a) to assist the RTA to verify the identity of a person whose photograph is to be taken or provided by the RTA under the arrangements or to assist a participating authority to verify the identity of an applicant,(b) to facilitate reproducing the likeness of a person on a licence or certificate of registration in connection with which the photograph was taken or provided,(c) the exercise of any function conferred or imposed by or under the photo-access arrangements,(d) any purpose that is reasonably necessary for the proper exercise of any of the investigative functions of the participating authority or its conduct of any lawful investigation,(e) for the conduct of relevant criminal proceedings, and any investigation relating to or leading to any such proceedings,(f) any purpose for which a photograph to which Part 5 (Protection of stored photographs) of the Road Transport (Driver Licensing) Act 1998 applies may be kept and used by the RTA under that Part,(g) any purpose for which a photograph to which Part 4 (Security arrangements for photographs) of the Photo Card Act 2005 applies may be kept and used by the RTA under that Part.(2) A photograph may be used for a purpose set out in this section at the time that the photograph is provided or taken or at any later time.(3) In this section:relevant criminal proceedings means:(a) criminal proceedings under the legislation under which a licence or certificate of registration to which this Part applies is issued, or(b) proceedings under Division 3 of Part 5 (Forgery and false instrument offences) of the Crimes Act 1900 in relation to a licence or certificate of registration to which this Part applies.s 80H: Ins 2004 No 105, Sch 1 [5]. Am 2005 No 20, Sch 2.2 [2].
80I Release of photographs
(1) The RTA, a participating authority or a service provider must ensure that a photograph to which this Division applies is not released except:(a) in the exercise of any function conferred or imposed by or under the photo-access arrangements, or(b) for any purpose that is reasonably necessary for the proper exercise of any of the agency’s investigative functions or its conduct of any lawful investigation, or(c) for the purposes of the conduct of relevant criminal proceedings (as defined in section 80H), and any investigation relating to or leading to any such proceedings, or(d) as provided under any other law, or(e) to the person whose likeness is shown in the photograph, or(f) as authorised or required under Part 5 (Protection of stored photographs) of the Road Transport (Driver Licensing) Act 1998 in respect of the release of photographs to which that Part applies, or(g) as authorised or required under Part 4 (Security arrangements for photographs) of the Photo Card Act 2005 in respect of the release of photographs to which that Part applies.(2) Any release authorised by subsection (1) (b) or (c) must be in accordance with any protocol approved by the Privacy Commissioner.s 80I: Ins 2004 No 105, Sch 1 [5]. Am 2005 No 20, Sch 2.2 [3].
80J Access to and alteration of photographs
Sections 14 (Access to personal information held by agencies) and 15 (Alteration of personal information) of the Privacy and Personal Information Protection Act 1998 do not apply to a participating authority or service provider in respect of photographs to which this Division applies (without affecting the application of those sections to the RTA).Note—The RTA is the appropriate agency to exercise functions under those sections with respect to the photographs to which this Division applies.s 80J: Ins 2004 No 105, Sch 1 [5].
80K Application of privacy principles to private sector service providers
In the case of a service provider that is not a public sector agency under the Privacy and Personal Information Protection Act 1998, the Director-General is not to enter into photo-access arrangements with the service provider unless satisfied that the arrangements make appropriate provision for compliance by the service provider, in connection with its functions under the arrangements, with:(a) sections 80H and 80I, and(b) such of the information protection principles under the Privacy and Personal Information Protection Act 1998 as would be applicable to the service provider if the service provider were a public sector agency under that Act.s 80K: Ins 2004 No 105, Sch 1 [5].
Part 5 Miscellaneous
81 Amendment of other Acts and statutory rules
Each Act and statutory rule referred to in Schedule 4 is amended as set out in that Schedule.
82 Savings, transitional and other provisions
Schedule 5 has effect.
83 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1 Licences to which Part 2 of Act applies
(Section 3)
section 13A (1), authority to conduct fundraising appeal
section 6 (1) (a), master licence for process serving
section 6 (1) (b), master licence for debt collection
section 6 (1) (c), master licence for repossession of goods
section 6 (1) (d), master licence for surveillance of persons
section 6 (1) (e), master licence for investigation of persons
section 12 (1) (a), operator licence for process serving
section 12 (1) (b), operator licence for debt collection
section 12 (1) (c), operator licence for repossession of goods
section 12 (1) (d), operator licence for surveillance of persons
section 12 (1) (e), operator licence for investigation of persons
section 11 (1), conveyancer’s licence
section 7 (1), private employment agent’s licence
section 11, explosives licence
section 19 (1), contractor licence
section 24 (1) (a), tradesperson certificate
section 24 (1) (b), supervisor certificate
section 30 (1), owner-builder permit
section 32A (1), building consultancy licence
section 7 (1) (a), permit to conduct game of chance for charitable purposes
section 7 (1) (b), permit to conduct lottery or game of chance for trade promotion
section 7 (1) (c), permit to conduct lottery or game of chance in registered club
section 7 (1) (d), permit to conduct sweep or calcutta
section 7 (1) (e), permit to conduct progressive lottery
section 7 (1) (f), permit to form art union
section 10 (1) (a), dealer’s licence
section 10 (1) (b), auto-dismantler’s licence
section 10 (1) (c), wholesaler’s licence
section 10 (1) (d), motor vehicle parts reconstructor’s licence
section 10 (1) (e), car market operator’s licence
section 10 (1) (f), motor vehicle consultant’s licence
section 10 (1) (g), prescribed dealer’s licence
section 133A (1) (a), general licence
section 133A (1) (b), occupier’s licence
section 133A (1) (c), game licence
section 133A (1) (d), trapper’s licence
section 133A (1) (e), fauna dealer’s licence
section 133A (1) (f), fauna dealer’s registration certificate
section 133A (1) (g), skin dealer’s licence
section 133A (1) (h), skin dealer’s registration certificate
section 133A (1) (i), emu licence
section 133A (1) (j), import or export licence
section 133A (1) (k), licence to liberate animals
section 133A (1) (l), aviary registration certificate
section 133A (1) (m), licence to pick native plants
section 133A (1) (n), licence to grow native plants for sale
section 133A (1) (o), import licence
section 133A (1) (p), export licence
clause 289A (1), certificate of competency to do scheduled work
clause 308A (1) (a), certificate of competency to do formwork
clause 308A (1) (b), certificate of competency to use explosive-powered tools
clause 319A (1) (a), licence for demolition work
clause 319A (1) (b), licence for restricted demolition work
clause 319A (1) (c), licence for friable asbestos removal work
clause 319A (1) (d), licence for bonded asbestos removal work
clause 333A (1) (a), permit for demolition work
clause 333A (1) (b), permit for friable asbestos removal work
clause 347A (1), exemption from operation of Regulation
section 9 (1) (a), pawnbroker’s licence
section 9 (1) (b), second-hand dealer’s licence
section 9 (1) (c), combined pawnbroker’s and second-hand dealer’s licence
section 17 (1) (a), real estate agent’s licence,
section 17 (1) (b), stock and station agent’s licence,
section 17 (1) (c), business agent’s licence,
section 17 (1) (d), strata managing agent’s licence,
section 17 (1) (e), on-site residential property manager’s licence,
section 17 (1) (f), corporation licence,
section 17 (1) (g), certificate of registration as a real estate salesperson,
section 17 (1) (h), certificate of registration as a stock and station salesperson,
section 17 (1) (i), certificate of registration as a business salesperson
section 17 (1) (j), certificate of registration as a registered manager
section 44A (1) (a), servicing licence
section 44A (1) (b), public weighbridge licence
section 7A (1), travel agent’s licence
section 69 (1), veterinary hospital licence
sch 1: Am 2002 No 66, Sch 2.8 [1] [2]; 2003 No 3, Sch 2.7; 2003 No 38, Sch 2.14 [1] [2]; 2003 No 40, Sch 1.25; 2003 No 87, Sch 3.13 [1]; 2004 No 70, Sch 3.4.
Schedule 2 Registration to which Part 3 of Act applies
(Section 32)
section 22 (1) (a), full registration as architect
section 22 (1) (b), temporary registration as architect
section 5 (1), registration of a business name
clause 107A (1), registration of plant design
clause 114A (1), registration of item of plant
clause 284A (1), accreditation of assessors
section 10 (1) (a), registration as a land surveyor
section 10 (1) (b), registration as a mining surveyor
section 10, registration as a valuer
section 17 (1) (a), full registration as veterinary practitioner
section 17 (1) (b), honorary registration as veterinary practitioner
section 17 (1) (c), limited registration as veterinary practitioner
section 17 (1) (d), provisional registration as veterinary practitioner
section 17 (1) (e), specialist registration as veterinary practitioner
sch 2: Am 2002 No 66, Sch 2.8 [3]; 2002 No 83, Sch 2.11; 2002 No 97, Sch 1.5 [1]; 2003 No 4, Sch 1.7; 2003 No 87, Sch 3.13 [2]; 2003 No 89, Sch 2.5.
Schedule 3 Registration to which Part 4 of Act applies
(Section 61)
section 11A (1), full registration as a chiropractor
section 15A (1), registration as a dental technician
section 18BA (1), registration as a dental prosthetist
section 22AA (1), registration as an optical dispenser
section 22 (1), full registration as an optometrist
section 11A (1), full registration as an osteopath
section 11, full registration as a pharmacist
section 11A (1), full registration as a physiotherapist
section 11A (1), full registration as a podiatrist
section 11A (1), full registration as a psychologist
sch 3: Am 2003 No 69, Sch 6.5 [1]; 2006 No 59, Sch 7.10.
Schedule 3A Licences and registration to which Part 4A of Act applies
(Section 80A)
section 11, explosives licence
section 19 (1), contractor licence
section 24 (1) (a), tradesperson certificate
section 24 (1) (b), supervisor certificate
section 30 (1), owner-builder permit
section 32A (1), building consultancy licence
clause 284A (1), accreditation of assessors
clause 289A (1), certificate of competency to do scheduled work
clause 308A (1) (a), certificate of competency to do formwork
clause 308A (1) (b), certificate of competency to use explosive-powered tools
section 17 (1) (a), real estate agent’s licence
section 17 (1) (b), stock and station agent’s licence
section 17 (1) (c), business agent’s licence
section 17 (1) (d), strata managing agent’s licence
section 17 (1) (e), on-site residential property manager’s licence
section 17 (1) (f), corporation licence
section 17 (1) (g), certificate of registration as a real estate salesperson
section 17 (1) (h), certificate of registration as a stock and station salesperson
section 17 (1) (i), certificate of registration as a business salesperson
section 17 (1) (j), certificate of registration as a registered manager
sch 3A: Ins 2004 No 105, Sch 1 [6].
Schedule 4 Amendment of other Acts and statutory rules
(Section 81)
Part 1 Amendments with respect to licensing procedures
[1] Section 13 False representations in conduct of fundraising appealOmit section 13 (1).[2] Section 13AInsert before section 14:13A Application to authorities of Licensing and Registration (Uniform Procedures) Act 2002(1) The Minister may grant authorities for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of an authority, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to an authority:(a) the authority may be amended under that Act, and(b) the reference to 14 days in section 14 (3) of that Act (as to the period within which further information must be provided) is to be read as a reference to 3 months, and(c) section 17 (1) of that Act does not have effect, and(d) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 28 days.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning an authority as are relevant to the operation of Part 2 of the applied Act.[3] Section 14 Special applicationsOmit section 14 (1).[4] Section 14 (2)Insert “for an authority” after “application”.[5] Section 15 Application to nominate registered officeOmit section 15 (1).[6] Section 15 (2)Omit “A form approved for such an application”.Insert instead “An application for an authority”.[7] Section 16 How application dealt withOmit section 16 (1), (3) and (4).[8] Section 16 (5) and (6)Omit “under subsection (4)” wherever occurring.[9] Section 18Omit the section.[10] Section 52Omit the section.
[1] Section 8AInsert before section 9:8A Application to licences of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant licences for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a licence:(a) the licence may be amended under that Act, and(b) the reference to 2 weeks in section 9 (1) (a) of that Act is to be read as a reference to 4 weeks, and(c) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires, and(d) the reference to 28 days in section 17 (1) of that Act (as to the period within which an application must be determined) is to be read as a reference to 8 weeks, and(e) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days, and(f) section 25 of that Act does not have effect.(4) An application for a licence may be made only by an individual, and not by a corporation, partnership or other association.(5) Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence as are relevant to the operation of Part 2 of the applied Act.[2] Section 9 Contributions to Public Purpose FundOmit section 9 (1)–(5).[3] Section 9 (6)Omit “under this section”.[4] Section 10 Grounds for refusal of licenceOmit section 10 (1), (4) and (5).[5] Section 88Omit the section.
4.3–4.5
[1] The whole ActOmit “endorsed licence”, “a permit”, “registration certificate” and “registration certificates” wherever occurring.Insert instead “endorsed contractor licence”, “an owner-builder permit”, “tradesperson certificate” and “tradesperson certificates”, respectively.[2] Section 3 DefinitionsOmit the definitions of building consultancy licence, contractor licence, permit, registration certificate and supervisor certificate.Insert instead in alphabetical order:building consultancy licence means a building consultancy licence referred to in section 18H or 18I.contractor licence means a contractor licence referred to in section 4 or 5.owner-builder permit means an owner-builder permit referred to in section 12 or 13.supervisor certificate means a supervisor certificate referred to in section 13, 14, 15 or 16.tradesperson certificate means a tradesperson certificate referred to in section 13, 14, 15 or 16.[3] Section 19Omit the section. Insert instead:19 Application to contractor licences of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant contractor licences for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a contractor licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a contractor licence:(a) the licence may be amended under that Act, and(b) the references to 2 weeks, 4 weeks and 8 weeks in section 9 (1) (a), (b) and (c) of that Act are each to be read as references to 6 weeks, and(c) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires, and(d) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a contractor licence as are relevant to the operation of Part 2 of the applied Act.[4] Section 20 Issue of contractor licencesOmit section 20 (1).[5] Section 20 (5)Insert “or any other” after “this”.[6] Section 24Omit the section. Insert instead:24 Application to tradesperson and supervisor certificates of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant the following certificates for the purposes of this Act:(a) tradesperson certificates,(b) supervisor certificates.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a tradesperson certificate or supervisor certificate, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a tradesperson certificate or supervisor certificate:(a) the certificate may be amended under that Act, and(b) the references to 2 weeks, 4 weeks and 8 weeks in section 9 (1) (a), (b) and (c) of that Act are each to be read as references to 6 weeks, and(c) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires, and(d) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days.(4) An application for a tradesperson certificate or supervisor certificate may be made only by an individual, and not by a corporation, partnership or other association.(5) Subject to this section, the regulations may make provision for or with respect to such matters concerning a tradesperson certificate or supervisor certificate as are relevant to the operation of Part 2 of the applied Act.[7] Section 25 Issue of certificatesOmit section 25 (1).[8] Section 25 (4)Insert “or any other” after “this”.[9] Section 27 Authority conferred by certificatesOmit “A registration certificate” from section 27 (2) (as inserted by Schedule 1 [11] to the Home Building Legislation Amendment Act 2001).Insert instead “A tradesperson certificate”.[10] Section 29 DefinitionsOmit the definition of permit from section 29 (1).[11] Section 30Omit the section. Insert instead:30 Application to owner-builder permits of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant owner-builder permits for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of an owner-builder permit, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to an owner-builder permit:(a) the permit may be amended under that Act, and(b) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days.(4) An application for an owner-builder permit may be made only by an individual, and not by a corporation, partnership or other association.(5) Subject to this section, the regulations may make provision for or with respect to such matters concerning an owner-builder permit as are relevant to the operation of Part 2 of the applied Act.[12] Section 31 Issue of owner-builder permitsOmit section 31 (1).[13] Section 31 (3)Omit “another permit”. Insert instead “another owner-builder permit”.[14] Section 32 Authority conferred by owner-builder permitsOmit “A permit” from section 32 (1).Insert instead “An owner-builder permit”.[15] Section 32A (as inserted by Schedule 3 [7] to the Home Building Legislation Amendment Act 2001)Omit the section. Insert instead:32A Application to building consultancy licences of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant building consultancy licences for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a building consultancy licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a contractor licence:(a) the licence may be amended under that Act, and(b) the references to 2 weeks, 4 weeks and 8 weeks in section 9 (1) (a), (b) and (c) of that Act are each to be read as references to 6 weeks, and(c) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires, and(d) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a building consultancy licence as are relevant to the operation of Part 2 of the applied Act.[16] Section 32B Issue of building consultancy licences (as inserted by Schedule 3 [7] to the Home Building Legislation Amendment Act 2001)Omit section 32B (1).[17] Section 32B (4)Insert “or any other” after “this”.[18] Sections 34, 35 and 39Omit the sections.[19] Section 40 Renewal or restoration of authoritiesOmit section 40 (1) and (5).[20] Section 40 (2)Omit “Despite subsection (1), the”. Insert instead “The”.[21] Section 41Omit the section.[22] Section 120 RegisterOmit “and permits”, “a permit” and “or permit” wherever occurring.Insert instead “and owner-builder permits”, “an owner-builder permit” and “or owner-builder permit”, respectively.[23] Section 131 Certificate evidenceOmit “or permit” and “specified permit”, wherever occurring.Insert instead “or owner-builder permit” and “specified owner-builder permit”, respectively.[24] Section 131 (e)Omit “permit”. Insert instead “owner-builder permit”.
[1] Section 4A Certain organisations authorised to conduct games of chanceOmit section 4A (4), (4A) and (5).[2] Section 4B Lotteries and games of chance for the promotion of tradeOmit section 4B (4), (4A) and (5).[3] (Repealed)[4] Section 4D Sweepstakes in relation to Melbourne Cup and other eventsOmit section 4D (5), (5A) and (6).[5] Section 4F Conduct of progressive lotteries authorisedOmit section 4F (3), (4) and (5).[6] Section 6 Conditions and permits for art unionsOmit section 6 (2), (2A), (3) and (4).[7] Section 7Insert after section 6B:7 Application to permits of Licensing and Registration (Uniform Procedures) Act 2002(1) The Minister may grant the following permits for the purposes of this Act:(a) permits under section 4A to conduct games of chance for charitable purposes,(b) permits under section 4B to conduct lotteries or games of chance for trade promotion,(c) (Repealed)(d) permits under section 4D to conduct sweeps or calcuttas,(e) permits under section 4F to conduct progressive lotteries,(f) permits under section 6 to form art unions.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a permit, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a permit:(a) the permit may be amended under that Act, and(b) the reference to 14 days in section 14 (3) of that Act (as to the period within which further information must be provided) is to be read as a reference to 21 days.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a permit as are relevant to the operation of Part 2 of the applied Act.[8] Section 17A False representationsOmit section 17A (1).[9] Section 23 RegulationsInsert “, application” after “permit” in section 23 (1) (f).
[1] Section 10Omit the section. Insert instead:10 Application to permits of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant the following licences for the purposes of this Act:(a) dealers’ licences,(b) auto-dismantlers’ licences,(c) wholesalers’ licences,(d) motor vehicle parts reconstructors’ licences,(e) car market operators’ licences,(f) motor vehicle consultants’ licences,(g) prescribed dealers’ licences.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a licence:(a) the licence may be amended under that Act, and(b) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence as are relevant to the operation of Part 2 of the applied Act.[2] Section 12 Grounds on which application to be granted or refusedOmit section 12 (2) (f1).[3] Section 12 (4) (e1)Omit the paragraph.[4] Section 13 Grant of approval for licenceOmit “the matter referred to in section 10 (4) (d)” from section 13 (1).Insert instead “the address of the place or places of business at which, or the name or names under which, the applicant intends to carry on business”.[5] Section 13 (4) (a)Omit “section 10 (4) (d)”. Insert instead “subsection (1)”.[6] Section 15 Name under which holder of licence may operateOmit section 15 (3).[7] Section 16Omit the section.[8] Section 17 Change of place of businessOmit section 17 (1) and (2).[9] Section 17 (5)Omit “the place of business specified in accordance with section 10 (4) (d) or, where the place of business has been varied under subsection (3), at the place of business as so varied”.Insert instead “a place of business authorised by the licence”.[10] Section 19 Term of, and authority conferred by, licenceOmit “referred to in section 16 (c)” from section 19 (2).[11] Section 19 (2)Omit “specified in accordance with section 10 (4) (d)”.Insert instead “so specified”.[12] Section 19 (5)Omit “sections 12 (5) and 17 (2)”. Insert instead “section 12 (5)”.[13] Section 20 Annual fee and annual statementOmit “in accordance with section 10 (4), (5) and (6)” from section 20 (9) (a).[14] Section 20C Duplicate licenceOmit the section.
Section 133AInsert after section 133:133A Application to licences and certificates of Licensing and Registration (Uniform Procedures) Act 2002(1) An authorised officer may grant the following licences and certificates for the purposes of this Act:(a) general licences under section 120,(b) occupiers’ licences under section 121,(c) game licences under section 122,(d) trappers’ licences under section 123,(e) fauna dealers’ licences under section 124,(f) fauna dealers’ registration certificates under section 124,(g) skin dealers’ licences under section 125,(h) skin dealers’ registration certificates under section 125,(i) emu licences under section 125A,(j) import and export licences under section 126,(k) licences to liberate animals under section 127,(l) aviary registration certificates under section 128,(m) licences to pick native plants under section 131,(n) licences to grow native plants for sale under section 132,(o) import licences under section 132A (1),(p) export licences under section 132A (2).(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a licence or certificate under this Part, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a licence or certificate:(a) an application under section 6 may be made by an individual (of any age) or by a corporation, but not by a partnership or other association, and(b) the licence or certificate may be amended under that Act, and(c) in addition to details of any offence referred to in section 14 (2) (a), the licensing authority may require an applicant to provide details of any offence against this Act or the regulations in respect of which a penalty notice has been served on the applicant, and(d) sections 26 and 30 of that Act do not have effect.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence or certificate as are relevant to the operation of Part 2 of the applied Act.(5) Part 2 of the applied Act does not apply to any licence or certificate with respect to kangaroos or game birds.
[1] Clauses 289 and 289AOmit clause 289. Insert instead:289 Applications for certificates of competency(1) Any person may apply to WorkCover for a certificate of competency to do scheduled work.(2) The application must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with the regulation of holders of certificates of competency of the class concerned.289A Application to certificates of competency of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant certificates of competency for the purposes of this Part.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a certificate of competency under this Part, subject to the modifications and limitations prescribed by this Regulation.(3) For the purpose of applying Part 2 of the applied Act to a certificate of competency under this Part:(a) the certificate may be amended under that Act, and(b) section 26 of that Act does not have effect.[2] Clause 290 Issue of certificatesOmit clause 290 (1) (a) and (3).[3] Clause 292 Form of certificatesOmit clause 292 (1).[4] Clause 292 (2)Omit “also”.[5] Clause 308 Applications for certificatesOmit clause 308 (2) (a), (b) and (c) and (3).[6] Clause 308AInsert after clause 308:308A Application to certificates of competency of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant the following certificates of competency for the purposes of this Part:(a) certificates of competency to do formwork,(b) certificates of competency to use explosive-powered tools.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a certificate of competency under this Part, subject to the modifications and limitations prescribed by this Regulation.(3) For the purpose of applying Part 2 of the applied Act to a certificate of competency under this Part:(a) the certificate may be amended under that Act, and(b) sections 25 and 26 of that Act do not have effect.[7] Clause 310 Form of certificatesOmit clause 310 (1).[8] Clauses 319 and 319AOmit clause 319. Insert instead:319 Applications for licences(1) Any person may apply to WorkCover for a licence.(2) The application must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with applications for licences of the class concerned.319A Application to licences of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant the following licences for the purposes of this Part:(a) licences for demolition work,(b) licences for restricted demolition work,(c) licences for friable asbestos removal work,(d) licences for bonded asbestos removal work.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a licence, subject to the modifications and limitations prescribed by this Regulation.(3) For the purpose of applying Part 2 of the applied Act to a licence, section 26 of that Act does not have effect.[9] Clauses 321 and 322Omit the clauses.[10] Clause 333 Applications for permitsOmit clause 333 (1) (a) and (2).[11] Clause 333AInsert after clause 333:333A Application to permits of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant the following permits for the purposes of this Part:(a) permits for demolition work,(b) permits for friable asbestos removal work.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a permit, subject to the modifications and limitations prescribed by this Regulation.(3) For the purpose of applying Part 2 of the applied Act to a permit, section 26 of that Act does not have effect.[12] Clause 334Omit the clause.[13] Clause 347 Exemptions for particular persons on applicationOmit clause 347 (4) and (6).[14] Clause 347AInsert after clause 347:347A Application to certain exemptions of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant exemptions for the purposes of clause 347.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of an exemption under clause 347, subject to the modifications and limitations prescribed by this Regulation.(3) For the purpose of applying Part 2 of the applied Act to an exemption under clause 347:(a) the exemption may be amended under that Act, and(b) section 26 of that Act does not have effect.
[1] Section 9Omit the section. Insert instead:9 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant the following licences for the purposes of this Act:(a) pawnbrokers’ licences,(b) second-hand dealers’ licences.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a licence:(a) the licence may be amended under that Act, and(b) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence as are relevant to the operation of Part 2 of the applied Act.[2] Sections 10 and 10AOmit the sections. Insert instead:10 Duration of licenceA licence remains in force for a period of 12 months from the date of its grant.[3] Section 13 Register of licencesOmit section 13 (3).
4.12
Section 44AInsert after section 44:44A Application to licences of Licensing and Registration (Uniform Procedures) Act 2002(1) The licensing authority may grant the following licences for the purposes of this Act:(a) servicing licences,(b) public weighbridge licences.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a servicing licence or public weighbridge licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a servicing licence or public weighbridge licence:(a) the licence may be amended under that Act, and(b) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires, and(c) the reference to 14 days in section 14 (3) of that Act (as to the period within which further information must be provided) is to be read as a reference to 21 days.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a servicing licence or public weighbridge licence as are relevant to the operation of Part 2 of the applied Act.
[1] Section 7AInsert before section 8:7A Application to licences of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant licences for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a licence:(a) the licence may be amended under that Act, and(b) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence as are relevant to the operation of Part 2 of the applied Act.[2] Section 8 Application for licenceOmit section 8 (2), (4), (5), (6), (7) and (8).[3] Section 10 Grant or refusal of licenceOmit section 10 (6) and (7).[4] Section 10B Grant of approval for licenceOmit “the matter referred to in section 8 (4) (d) or (e)” from section 10B (1).Insert instead “the address of any place of business at which, or the name or names under which, the applicant intends to carry on business”.[5] Section 10B (4) (a)Omit “section 8 (4) (d) or (e) (as the case may be)”.Insert instead “subsection (1)”.[6] Section 10B (4)Omit “must, subject to section 10 (7), grant the application and issue the licence”.Insert instead “must grant the application”.[7] Sections 13, 14, 18 and 19Omit the sections.[8] Section 16 Term of, and authority conferred by, licenceOmit “, 18” from section 16 (4).[9] Section 17 Annual fee and annual statementOmit “specified in, or in connection with, the application or provided in accordance with section 8 (6)” from section 17 (11) (a).Insert instead “specified in, or provided in connection with, the application”.[10] Section 17 (11)Omit “a change required to be notified under section 14 or”.
Part 2 Amendments with respect to registration procedures
[1] Clause 107 Registration of plant designOmit clause 107 (1).[2] Clause 107 (2)Insert “for plant specified in the Table to this clause” after “registration of a plant design”.[3] Clause 107 (3)Omit “The application for registration of a plant design must be accompanied by the following:”.Insert instead “The following must be provided to WorkCover before an application for registration of a plant design may be dealt with:”.[4] Clause 107AInsert after clause 107:107A Application to registration of plant design of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant registration of plant design for plant specified in the Table to clause 107.(2) Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration of plant design, subject to the modifications and limitations prescribed by or under this Regulation.(3) For the purpose of applying Part 3 of the applied Act to registration of plant design:(a) registration may be amended under that Act, and(b) registration may be transferred under that Act, and(c) section 53 (1) of that Act does not have effect.[5] Clauses 108 and 109Omit the clauses.[6] Clause 113 Registration of item of plantOmit clause 113 (1) and (2).[7] Clause 113 (3)Omit “A person who applies for the registration of an item of plant must provide the following at the time of making the application:”.Insert instead “The following must be provided to WorkCover before an application for registration of an item of plant specified in the Table to this clause may be dealt with:”.[8] Clause 113 (4)Omit the subclause and the note following the subclause.[9] Clause 114 Additional requirements for application to register amusement deviceOmit “An owner of an amusement device who wishes to apply to WorkCover to register an amusement device referred to in the Table to clause 113 must, in addition to complying with clause 113, provide the following at the time of making the application:”.Insert instead “In addition to the requirements of clause 113, the following must be provided to WorkCover before an application for registration of an amusement device specified in the Table to clause 113 may be dealt with:”.[10] Clause 114AInsert after clause 114:114A Application to registration of plant design of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant registration of an item of plant specified in the Table to clause 113.(2) Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration of an item of plant, subject to the modifications and limitations prescribed by or under this Regulation.(3) For the purpose of applying Part 3 of the applied Act to registration of an item of plant:(a) registration may be amended under that Act, and(b) registration may be transferred under that Act, and(c) section 53 (1) of that Act does not have effect.(4) An application for registration of an item of plant may be made only by the owner or lessee of the plant or by some other person having control of the plant.[11] Clause 115Omit the clause.[12] Clause 284 Accreditation of assessorsOmit clause 284 (2) (a) and (b), (4) and (5).[13] Clause 284AInsert after clause 284:284A Application to accreditation as assessor of Licensing and Registration (Uniform Procedures) Act 2002(1) WorkCover may grant accreditation as an assessor for the purposes of this Part.(2) Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of accreditation as an assessor, subject to the modifications and limitations prescribed by or under this Regulation.(3) For the purpose of applying Part 3 of the applied Act to accreditation as an assessor:(a) accreditation may be amended under that Act, and(b) section 53 (1) of that Act does not have effect.
4.16
[1] Section 13 Applications for registration—generallyOmit section 13 (2) (a).[2] Section 13AInsert after section 13:13A Application to registration of Licensing and Registration (Uniform Procedures) Act 2002(1) The Director-General may grant the following registration for the purposes of this Part:(a) registration as an associate real estate valuer,(b) registration as a practising real estate valuer,(c) registration as a non-practising real estate valuer,(d) registration as an associate valuer of licensed premises,(e) registration as a valuer of licensed premises.(2) Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration under this Part, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 3 of the applied Act to registration under this Part:(a) registration may be amended under that Act, and(b) the references to 2 weeks, 4 weeks and 8 weeks in section 38 (1) (a), (b) and (c) of that Act are each to be read as references to 6 weeks, and(c) an application for restoration of registration under section 39 of that Act may not be made more than 3 months after the date on which registration expires, and(d) the reference to 28 days in section 46 (1) of that Act (as to the period within which an application must be determined) is to be read as a reference to 3 months.(4) Subject to this section, the regulations may make provision for or with respect to such matters concerning registration under this Part as are relevant to the operation of Part 3 of the applied Act.[3] Section 16 Renewal of registration under this PartOmit section 16 (1) (b).[4] Section 16 (2), (3) and (3A)Omit the subsections.[5] Sections 17 and 18Omit the sections.[6] Section 25 Penalties for false statements etcOmit section 25 (b).
Part 3 Amendments with respect to registration procedures for health professionals
[1] Section 11AInsert after section 11:11A Application to full registration of Licensing and Registration (Uniform Procedures) Act 2002(1) The Board may grant full registration under section 11 for the purposes of this Act.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of full registration under section 11, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning full registration as are relevant to the operation of Part 4 of the applied Act.[2] Section 117 Application of Criminal Records ActInsert “(including Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002, as applied to this Act by section 11A)” after “the application of this Act”.[3] Schedule 1 Registration proceduresOmit clauses 1, 3, 4, 5, 6, and 7.[4] Schedule 1, clause 2 (1)Omit “The application”.Insert instead “An application for registration”.
[1] Section 5 DefinitionsOmit the definition of dental prosthetist from section 5 (1). Insert instead:dental prosthetist means a dental technician who is registered as a dental prosthetist.[2] Section 15 Qualifications for registrationOmit section 15 (6).[3] Section 15AInsert after section 15:15A Application to registration as a dental technician of Licensing and Registration (Uniform Procedures) Act 2002(1) The board may grant registration as a dental technician for the purposes of this Act.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration as a dental technician, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning registration as a dental technician as are relevant to the operation of Part 4 of the applied Act.[4] Section 18A IndexOmit “a practising certificate is granted to a dental technician” from section 18A (2).Insert instead “a person is registered as a dental prosthetist”.[5] Section 18A (2) (c) and (d)Omit “the dental practitioner’s practising certificate” wherever occurring.Insert instead “registration as a dental prosthetist”.[6] Section 18B Practising certificatesOmit “a practising certificate” wherever occurring in section 18B (1) and (3).Insert instead “registration as a dental prosthetist”.[7] Section 18B (1)Omit “the practising certificate”. Insert instead “the registration”.[8] Section 18B (2)Omit the subsection. Insert instead:(2) On receiving an application under subsection (1) by a person who is entitled to be granted authority to practise dental prosthetics, the board:(a) must register the applicant as a dental prosthetist, and(b) on payment of the prescribed fee, must issue a practising certificate to the applicant.[9] Section 18B (4) and (5)Omit section 18B (4). Insert instead:(4) An application made under subsection (1) before the commencement of Schedule 4.19 of the Licensing and Registration (Uniform Procedures) Act 2002 is to be dealt with as if that Act had not been enacted.(5) Any person:(a) in respect of whom a practising certificate was in force immediately before the commencement of Schedule 4.19 of the Licensing and Registration (Uniform Procedures) Act 2002, oris taken to have been registered as a dental prosthetist.(b) to whom a practising certificate is granted in connection with an application referred to in subsection (4),[10] Section 18BAInsert after section 18B:18BA Application to registration as a dental prosthetist of Licensing and Registration (Uniform Procedures) Act 2002(1) The board may grant registration as a dental prosthetist for the purposes of this Act.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration as a dental prosthetist, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning registration as a dental prosthetist as are relevant to the operation of Part 4 of the applied Act.[11] Section 18C Inquiries into applications for registration as a dental prosthetistOmit “a practising certificate” from section 18C (1).Insert instead “registration as a dental prosthetist”.[12] Section 19A Proceedings before board against prosthetistOmit “practising certificate” wherever occurring in section 19A (1) (b) and (c).Insert instead “registration”.[13] Section 19A (3)Omit “a practising certificate” and “whose practising certificate”.Insert instead “registration” and “whose registration”, respectively.[14] Section 19A (3)Omit “another practising certificate” wherever occurring.Insert instead “further registration as a dental prosthetist”.[15] Section 21 AppealInsert “or dental prosthetist” after “dental technician” in section 21 (1) (a) (i).[16] Section 21 (1) (a) (ii)Omit the subparagraph. Insert instead:(ii) to direct under section 19 (2) or 19A (3) that the person may apply for registration or further registration, or[17] Section 21 (3) (a)Omit “or that the person applying for a practising certificate be granted a practising certificate”.[18] Section 21 (3) (a1)Omit “practising certificate” wherever occurring.Insert instead “registration”.[19] Section 26 Practice by unregistered personsInsert “who holds a practising certificate” after “dental prosthetist” in section 26 (2).[20] Section 35 RegulationsInsert “or dental prosthetist” after “dental technician” wherever occurring in section 35 (2) (a) and (b).[21] Section 35 (2) (a)Omit “or for practising certificates”. Insert instead “or dental prosthetist”.[22] Section 35 (2) (b)Omit “and the grant of a practising certificate”.Insert instead “or dental prosthetist”.
[1] Long titleOmit “licensing” wherever occurring. Insert instead “registration”.[2] Long titleOmit “Licensing”.[3] Section 2 DefinitionsOmit “Licensing” from the definition of Board in section 2 (1).[4] Section 2 (1), definition of “Optical dispenser”Omit “licensed”. Insert instead “registered”.[5] Section 4 Optical Dispensers BoardOmit “Licensing”.[6] Sections 20, 21, 22 (paragraph (c) excepted), 22A, 22B, 23, 24, 25, 28, 30, 33, 35Omit “license”, “a licence”, “the licence”, “licences”, “licensed” and “licensing” wherever occurring.Insert instead “register”, “registration”, “the registration”, “registration”, “registered” and “registration”, respectively.[7] Sections 21 (2) (c), 22, 25 (1) and (2), 26 (2), 26A (1)Omit “licence” wherever occurring. Insert instead “registration”.[8] Section 21 RegisterInsert after section 21 (3):(4) An application for a licence made under section 22 (1) before the commencement of Schedule 4.20 of the Licensing and Registration (Uniform Procedures) Act 2002 is to be dealt with as if that Act had not been enacted.(5) Any person:(a) in respect of whom a licence under section 22 was in force immediately before the commencement of Schedule 4.20 of the Licensing and Registration (Uniform Procedures) Act 2002, oris taken to have been registered under section 22.(b) to whom a licence is granted in connection with an application referred to in subsection (4),[9] Section 22AAInsert after section 22:22AA Application to registration of Licensing and Registration (Uniform Procedures) Act 2002(1) The board may grant registration as an optical dispenser, as referred to in section 22.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration as an optical dispenser, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning registration as an optical dispenser as are relevant to the operation of Part 4 of the applied Act.
4.21
[1] Section 11AInsert after section 11:11A Application to full registration of Licensing and Registration (Uniform Procedures) Act 2002(1) The Board may grant full registration under section 11 for the purposes of this Act.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of full registration under section 11, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning full registration as are relevant to the operation of Part 4 of the applied Act.[2] Section 117 Application of Criminal Records ActInsert “(including Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002, as applied to this Act by section 11A)” after “the application of this Act”.[3] Schedule 1 Registration proceduresOmit clauses 1, 3, 4, 5, 6, and 7.[4] Schedule 1, clause 2 (1)Omit “The application”. Insert instead “An application for registration”.
[1] Section 11AInsert after section 11:11A Application to full registration of Licensing and Registration (Uniform Procedures) Act 2002(1) The Board may grant full registration under section 11 for the purposes of this Act.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of full registration under section 11, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning full registration as are relevant to the operation of Part 4 of the applied Act.[2] Section 118 Application of Criminal Records ActInsert “(including Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002, as applied to this Act by section 11A)” after “the application of this Act”.[3] Schedule 1 Registration proceduresOmit clauses 1, 3, 4, 5, 6, and 7.[4] Schedule 1, clause 2 (1)Omit “The application”. Insert instead “An application for registration”.
4.24 Podiatrists Act 2003
[1] Section 11AInsert after section 11:11A Application to full registration of Licensing and Registration (Uniform Procedures) Act 2002(1) The Board may grant full registration under section 11 for the purposes of this Act.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of full registration under section 11, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning full registration as are relevant to the operation of Part 4 of the applied Act.[2] Section 117 Application of Criminal Records ActInsert “(including Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002, as applied to this Act by section 11A)” after “the application of this Act”.[3] Schedule 1 Registration proceduresOmit clauses 1, 3, 4, 5, 6 and 7.[4] Schedule 1, clause 2 (1)Omit “The application”.Insert instead “An application for registration”.
[1] Section 11AInsert after section 11:11A Application to full registration of Licensing and Registration (Uniform Procedures) Act 2002(1) The Board may grant full registration under section 11 for the purposes of this Act.(2) Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of full registration under section 11, subject to the modifications and limitations prescribed by or under this Act.(3) The regulations may make provision for or with respect to such matters concerning full registration as are relevant to the operation of Part 4 of the applied Act.[2] Section 117 Application of Criminal Records ActInsert “(including Part 4 of the Licensing and Registration (Uniform Procedures) Act 2002, as applied to this Act by section 11A)” after “the application of this Act”.[3] Schedule 1 Registration proceduresOmit clauses 1, 3, 4, 5, 6, and 7.[4] Schedule 1, clause 2 (1)Omit “The application”.Insert instead “An application for registration”.
Part 4 Other amendments
4.26
[1] Part 5, Division 3Insert after Division 2 of Part 5:Division 3 False and misleading information307A False or misleading applications(1) A person is guilty of an offence if:(a) the person makes a statement (whether orally, in a document or in any other way), and(b) the person does so knowing that, or reckless as to whether, the statement:(i) is false or misleading, or(ii) omits any matter or thing without which the statement is misleading, and(c) the statement is made in connection with an application for an authority or benefit, and(d) any of the following subparagraphs apply:(i) the statement is made to a public authority,(ii) the statement is made to a person who is exercising or performing any power, authority, duty or function under, or in connection with, a law of the State,(iii) the statement is made in compliance or purported compliance with a law of the State.Maximum penalty: Imprisonment for 2 years, or a fine of 200 penalty units, or both.(2) Subsection (1) does not apply as a result of subsection (1) (b) (i) if the statement is not false or misleading in a material particular.(3) Subsection (1) does not apply as a result of subsection (1) (b) (ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.(4) The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.(5) In this section:application includes any claim, request or other form of application and also includes, in the case of an application for an authority, any application for the issue, grant, amendment, transfer, renewal, restoration or replacement of the authority and any other application in connection with the authority.includes any licence, permit, consent, approval, registration or other form of authority.benefit includes any advantage and is not limited to property.307B False or misleading information(1) A person is guilty of an offence if:(a) the person gives information to another person, and(b) the person does so knowing that the information:(i) is false or misleading, or(ii) omits any matter or thing without which the information is misleading, and(c) any of the following subparagraphs apply:(i) the information is given to a public authority,(ii) the information is given to a person who is exercising or performing any power, authority, duty or function under, or in connection with, a law of the State,(iii) the information is given in compliance or purported compliance with a law of the State.Maximum penalty: Imprisonment for 2 years, or a fine of 200 penalty units, or both.(2) Subsection (1) does not apply as a result of subsection (1) (b) (i) if the information is not false or misleading in a material particular.(3) Subsection (1) does not apply as a result of subsection (1) (b) (ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.(4) Subsection (1) does not apply as a result of subsection (1) (c) (i) if, before the information was given by a person to the public authority, the public authority did not take reasonable steps to inform the person of the existence of the offence against subsection (1).(5) Subsection (1) does not apply as a result of subsection (1) (c) (ii) if, before the information was given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).(6) The burden of establishing a matter referred to in subsection (2), (3), (4) or (5) lies on the accused person.(7) For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used:“Giving false or misleading information is a serious offence.”307C False or misleading documents(1) A person is guilty of an offence if:(a) the person produces a document to another person, and(b) the person does so knowing that the document is false or misleading, and(c) the document is produced in compliance or purported compliance with a law of the State.Maximum penalty: Imprisonment for 2 years, or a fine of 200 penalty units, or both.(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:(a) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular, and(b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.(4) The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.[2] Section 356KOmit the section.
Section 24Omit the section.
[1] The whole ActOmit “electrical work”, wherever occurring.Insert instead “electrical wiring work”.[2] Section 3 DefinitionsOmit the definitions of electrical work and gasfitting work from section 3 (1).Insert instead in alphabetical order:electrical wiring work has the same meaning as it has in the Electricity Safety Act 1945.gasfitting work has the same meaning as it has in the Gas Supply Act 1996.
[1] Section 10 Application for licenceOmit section 10 (7) and (8).[2] Section 20 Annual fee and annual statementOmit section 20 (10) and (11).
Section 30Omit the section.
[1] Section 8 Application for licenceOmit section 8 (7) and (8).[2] Section 17 Annual fee and annual statementOmit section 17 (12) and (13).
sch 4: Am 2002 No 97, Sch 1.5 [2]; 2002 No 112, Sch 1.13 [3]–[5]; 2003 No 19, Sch 2.2 [1] [2]; 2003 No 69, Sch 6.5 [2]; 2004 No 91, Sch 3; 2005 No 98, Sch 2.36.
Schedule 5 Savings, transitional and other provisions
(Section 82)
Part 1 Provisions consequent on enactment of this Act
1 Definitions
In this Part:amended licensing legislation means any Act or statutory rule referred to in Part 1 of Schedule 4, as that Act or statutory rule is amended by this Act.amended registration legislation means any Act or statutory rule referred to in Part 2 or 3 of Schedule 4, as that Act or statutory rule is amended by this Act.application has the same meaning as it has in Part 2, 3 or 4, as the case requires.electronic communication has the same meaning as it has in the Electronic Transactions Act 2000.licence and have the same meanings as they have in Part 2.registration and have the same meanings as they have in Part 3 or 4.unamended licensing legislation means any Act or statutory rule referred to in Part 1 of Schedule 4, as that Act or statutory rule is in force immediately before it is amended by this Act.unamended registration legislation means any Act or statutory rule referred to in Part 2 or 3 of Schedule 4, as that Act or statutory rule is in force immediately before it is amended by this Act.
2 Pending applications
Any application made under the unamended licensing legislation or unamended registration legislation that has not been determined when that legislation is amended by this Act is to be determined in accordance with that legislation as if this Act had not been enacted.
3 Current licences and registration
Any licence or registration:(a) that was in force under the unamended licensing legislation or unamended registration legislation when that legislation is amended by this Act, oris taken to have been granted under the amended licensing legislation or amended registration legislation, as the case requires.(b) that is granted under the unamended licensing legislation or unamended registration legislation as referred to in clause 2,
4 Transitional suspension of requirements as to signature
(1) Subject to clause 2, any provision of the unamended licensing legislation or the unamended registration legislation that requires an application to be signed does not have effect with respect to an application that is made by means of electronic communication.(2) Such an application must instead be authenticated as required by the relevant licensing or registration authority.
5 Transitional suspension of requirements as to verification of information
(1) Subject to clause 2, any provision of the unamended licensing legislation or the unamended registration legislation:(a) that requires information contained in an application to be verified by statutory declaration, ordoes not have effect with respect to an application, whether made in writing or by means of electronic communication.(b) that requires information provided in connection with an application to be verified by statutory declaration,(2) For the avoidance of doubt, it is declared that section 307A of the Crimes Act 1900, as amended by this Act, extends to any statement made in connection with an application referred to in subclause (1).
6 Transitional suspension of requirements as to the provision of documentary or other evidence
(1) Subject to clause 2, any provision of the unamended licensing legislation or the unamended registration legislation that requires an application to be accompanied by documentary or other evidence of any matter does not have effect with respect to an application that is made by means of electronic communication.(2) Nothing in this clause prevents the relevant licensing or registration authority from requiring the provision of such documentary or other evidence pursuant to section 14, 43 or 70, as the case requires, as if that section were in force with respect to the application concerned.
7 Disclosures in relation to offences
Any requirement to disclose information concerning any conviction or finding of guilt that is imposed on an applicant under section 14, 43 or 70 extends to any conviction or finding of guilt that occurred before the commencement of this Act.
8 Savings and transitional regulations
(1) The regulations under any Act amended by Schedule 4 may contain provisions of a savings or transitional nature consequent on the enactment this Act.(2) Such a provision may, if the regulations so provide, take effect from the date of assent to this Act or a later day.(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.