Business Licensing Authority Regulations 2013 (Vic)

Version No. 002

Business Licensing Authority Regulations 2013

S.R. No. 31/2013

Version as at

7 March 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Prescribed powers and functions which are not delegable

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Business Licensing Authority Regulations 2013

S.R. No. 31/2013

Version as at

7 March 2023

1Objective

The objective of these Regulations is to prescribe powers and functions of the Business Licensing Authority for the purposes of section 11(a) of the Business Licensing Authority Act 1998.

2Authorising provision

These Regulations are made under section 26 of the Business Licensing Authority Act 1998.

3Commencement

These Regulations come into operation on 18 March 2013.

4Definitions

In these Regulations—

licencehas the same meaning as in section 3(1) of the Sex Work Act 1994;

sex work service provider has the same meaning as in section 3(1) of the Sex Work Act 1994.

5Prescribed powers and functions which are not delegable

For the purposes of section 11(a) of the Business Licensing Authority Act 1998, the powers and functions of the Authority under the Sex Work Act 1994 in relation to a determination specified in column 3 of the Schedule made under a provision of the Sex Work Act 1994 specified in column 2 of the Schedule are prescribed powers and functions.

SCHEDULE

POWERS AND FUNCTIONS OF THE AUTHORITY WHICH MAY NOT BE DELEGATED

Column 1	Column 2	Column 3
Item	Section	Determination
1	s. 33(4)	To refuse to consider an application for a licence if applicant refuses to allow his or her fingerprints to be taken
2	s. 36A(4)	To refuse to grant a licence where required further information not provided within a reasonable time
3	s. 36A(5)	To postpone consideration of an application for a licence until such time as considered appropriate
4	s. 37(1)	To refuse to grant a licence
5	s. 39(1)	To grant an application for a licence
6	s. 39(2)	To grant a licence subject to the conditions or restrictions set out in the licence
7	s. 40(1)	To vary or revoke a condition or a restriction set out in a licence
8	s. 40(1)	To impose a new condition or restriction on a licence
9	s. 40AA(1)	To require a sex work service provider licensee to produce the licence for endorsement of or variation or revocation of a condition or restriction on the licence
10	s. 42A(4)	To approve and permit a person to be in effective control of a business for a specified period
11	s. 46D(1)	To require a licensee to answer any question or provide information relating to the business of the licensee as a sex work service provider

Column 1	Column 2	Column 3
Item	Section	Determination
12	s. 47A(3)	To grant permission to a person to continue to carry on the sex work service providing business of a person who was a licensed sex work service provider for longer than 30 days after the death/insolvency/incapacity of the licensee
13	s. 47A(4)	To limit, and impose any conditions on, a permission to continue to carry on a sex work service providing business
14	s. 47A(5)	To withdraw any permission to continue to carry on a sex work service providing business
15	s. 47A(5)	To limit permission to continue to carry on a sex work service providing business
16	s. 47A(5)	To impose, revoke or vary conditions on permission to continue to carry on a sex work service providing business
17	s. 50(2B)	To refuse to consider an application for approval of a person as a manager of a sex work service providing business where applicant refuses to allow his or her fingerprints to be taken
18	s. 51(1)	To refuse to approve a manager of a sex work service providing business or to renew such an approval
19	s. 52(1)	To approve a person as a manager of a sex work service providing business
20	s. 52(1)	To renew an approval of a person as a manager of a sex work service providing business
21	s. 52(1)	To refuse to approve, or refuse to renew an approval of, a person as a manager of a sex work service providing business
22	s. 52(1A)	To impose conditions or restrictions on an approval, or renewal of an approval, of a manager of a sex work service providing business

Column 1	Column 2	Column 3
Item	Section	Determination
23	s. 52AA(1)	To vary or revoke a condition or restriction on an approval of a manager of a sex work service providing business
24	s. 52AA(1)	To impose a new condition or restriction on an approval, or renewal of an approval, of a manager of a sex work service providing business
25	s. 52AB(1)	To require an approved manager to produce a certificate of approval for endorsement of, or variation or revocation of, a condition or restriction
26	s. 53B(1)	To give permission to a manager of a sex work service providing business to manage a sex work service providing business despite insolvency
27	s. 53B(3)	To refuse to give permission to a manager of a sex work service providing business to continue managing the business because of refusal or failure to provide requested information within a reasonable time
28	s. 53C(1)	To impose any conditions on permission to be a manager of a sex work service providing business
29	s. 53C(4)	To revoke permission to be manager of a sex work service providing business if satisfied that any condition on permission has been contravened or not complied with

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Business Licensing Authority Regulations 2013, S.R. No. 31/2013 were made on 13 March 2013 by the Governor in Council under section 26 of the Business Licensing Authority Act 1998, No. 49/1998 and came into operation on 18 March 2013: regulation 3.

The Business Licensing Authority Regulations 2013 will sunset on 30 November 2023: see Subordinate Legislation (Business Licensing Authority Regulations 2013) Extension Regulations 2023, S.R. No. 15/2023.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Business Licensing Authority Regulations 2013 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.