Regulatory and Other Legislation (Amendments and Repeals) Act 2016 No 60



An Act to amend regulatory and other Acts and instruments; and to repeal certain Acts and instruments for the purpose of statute law revision.
2   Commencement
(1)  This Act commences on the date of assent to this Act, except as otherwise provided by this section.
(2)  Schedules 1 and 2 (except for items [1], [2], [4], [6] and [8]–[16] of Schedule 2.4) and clause 1 of Schedule 3 commence on a day or days to be appointed by proclamation.
Schedule 1 (Repealed)
sch 1: Rep 1987 No 15, sec 30C.
Schedule 2 Amendment of other Acts and regulations
[1]   Section 17
Omit the section. Insert instead:
  
17   Duration
(1)  A licence has effect for the term specified in the licence (not exceeding 3 years) unless it is sooner cancelled.
(2)  The suspension of a licence does not affect the term of the licence.
[2]   Schedule 1 Savings and transitional provisions
Insert at the end of clause 2 (1):
  
any other Act that amends this Act
[3]   Schedule 1
Insert at the end of the Schedule, with appropriate Part and clause numbering:
  
Duration of licences
Section 17, as in force immediately before its substitution by the Regulatory and Other Legislation (Amendments and Repeals) Act 2016, continues to have effect in relation to a licence in force immediately before that substitution.
[1]   Clause 5A
Insert after clause 5:
  
5A   Refund of application fees for certain 3-year licences
(1)  This clause applies to an application fee paid by or on behalf of a person who has surrendered a licence granted under the Act or has died, but only if the term of the licence was 3 years.
(2)  A person may apply to the Secretary for a refund of an application fee to which this clause applies if the person:
(a)  paid the application fee, or
(b)  is the legal representative of a deceased person who paid the application fee, or
(c)  is applying for or on behalf of the person who paid the application fee.
(3)  A person who makes an application under subclause (2) is:
(a)  if the surrender or death occurred not more than one year after the date of the grant, renewal or restoration of the licence—to be refunded two-thirds of the application fee (excluding the processing component) so paid, or
(b)  if the surrender or death occurred more than one year but not more than 2 years after the date of the grant, renewal or restoration of the licence—to be refunded one-third of the application fee (excluding the processing component) so paid.
(4)  In this clause:
application fee means any of the following:
(a)  an application fee for the grant of a new licence,
(b)  an application fee for the renewal of a licence,
(c)  an application fee for the restoration of a licence.
processing component of an application fee is the amount set out in Column 3 of Schedule 2 in relation to the fee.
[2]   Schedule 2 Fees
Omit the table to the Schedule. Insert instead:
  
Item
Column 1
Column 2
Column 3
 
Type of fee
Fixed component
Processing component
1
Application for grant of licence—1 year
$229
$209
2
Application for grant of licence—3 years
$687
$209
3
Application for renewal of licence—1 year
$229
$68
4
Application for renewal of licence—3 years
$687
$68
5
Application for restoration of licence—1 year
$229
$139
6
Application for restoration of licence—3 years
$687
$139
7
Application for replacement of licence
Nil
$45
2.3, 2.4
  (Repealed)
[1]   Section 10
Omit the section. Insert instead:
  
10   Duration of licence
(1)  A licence has effect for the term specified in the licence (not exceeding 3 years) unless it is sooner cancelled.
(2)  The suspension of a licence does not affect the term of the licence.
[2]   Section 43 Regulations
Insert after section 43 (1) (g):
  
(g1)  the waiver or refund of the whole or any part of a fee chargeable for any service provided by the Secretary under this Act or the regulations,
[3]   Schedule 2 Savings and transitional provisions
Insert at the end of clause 2 (1):
  
any other Act that amends this Act
[4]   Schedule 2
Insert at the end of the Schedule, with appropriate Part and clause numbering:
  
Duration of licences
Section 10, as in force immediately before its substitution by the Regulatory and Other Legislation (Amendments and Repeals) Act 2016, continues to have effect in relation to a licence in force immediately before that substitution.
[1]   Clause 8A
Insert after clause 8:
  
8A   Refund of application fees for certain 3-year licences
(1)  This clause applies to an application fee paid by or on behalf of a person who has surrendered a licence granted under the Act or has died, but only if the term of the licence was 3 years.
(2)  A person may apply to the Secretary for a refund of an application fee to which this clause applies if the person:
(a)  paid the application fee, or
(b)  is the legal representative of a deceased person who paid the application fee, or
(c)  is applying for or on behalf of the person who paid the application fee.
(3)  A person who makes an application under subclause (2) is:
(a)  if the surrender or death occurred not more than one year after the date of the grant, renewal or restoration of the licence—to be refunded two-thirds of the application fee (excluding the processing component) so paid, or
(b)  if the surrender or death occurred more than one year but not more than 2 years after the date of the grant, renewal or restoration of the licence—to be refunded one-third of the application fee (excluding the processing component) so paid.
(4)  In this clause:
application fee means any of the following:
(a)  an application fee for the grant of a new licence,
(b)  an application fee for the renewal of a licence,
(c)  an application fee for the restoration of a licence.
processing component of an application fee is the amount set out in Column 3 of Schedule 3 in relation to the fee.
[2]   Schedule 3
Omit the table to the Schedule. Insert instead:
  
Item
Column 1
Column 2
Column 3
Column 4
 
Type of fee
Fixed component
Processing component
Total
1
Application for granting of licence—1 year
$329
$188
$517
2
Application for granting of licence—3 years
$987
$188
$1,175
3
Application for renewal of licence—1 year
$329
$44
$373
4
Application for renewal of licence—3 years
$987
$44
$1,031
5
Application for restoration of licence—1 year
$329
$90
$419
6
Application for restoration of licence—3 years
$987
$90
$1,077
7
Application for replacement of licence
Nil
$45
$45
8
Application for extract of register (per entry)
$18
Nil
$18
2.7
  (Repealed)
sch 2: Am 1987 No 15, sec 30C.
Schedules 3, 4 (Repealed)
sch 3: Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.
sch 4: Rep 1987 No 15, sec 30C.