Business Licensing Legislation (Amendment) Act 2003 (Vic)

Business Licensing Legislation (Amendment) Act

2003

Act No. 8/2003

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 2
PART 2—AMENDMENT OF ASSOCIATIONS

INCORPORATION ACT 1981 3

3. Definitions 3
4. Application for incorporation 3
5. Application to bring companies etc. under the Act 4
6. Change of address 4
7. Common seal 4
8. New section 24 substituted 4

24. First public officer 4

9. Special resolution 5
10. Annual general meeting 5
11. Auditors 6
12. Amalgamation of incorporated associations 7
13. Modification of Corporations legislation applying to voluntary
winding up 7
14. Reinstatement of cancelled association 8
15. Register 8
16. New sections 39B and 39C inserted 10

39B. Restriction of personal information 10
39C. Rights of review 11

17. Method of lodgment 11
18. New section 45D inserted 13

45D. Waiver or refund of fees 13

19. Continuing offences 13
20. New section 55 inserted 13

55. Transitional provisions 13

21. Schedule 14

Section Page

PART 3—AMENDMENT OF BUSINESS NAMES ACT 1962 15

22. Definitions 15
23. Register of business names 15
24. Registration of business name 17
25. Resident agents 18
26. Renewal of registration 18
27. Notification of changes in particulars etc. 18
28. Duty to furnish information 20
29. Disability of persons in default 20
30. New section 15 substituted 20

15. Signing of documents 20

31. Signatures 21
32. Approval of special lodging arrangements 21
33. New section 15AC inserted 21

15AC. Waiver or refund of fees 21

34. Verification of particulars 22
35. False or misleading statements 22
36. Retention of records 22
37. Cancellation of registration 22
38. Registrar may correct errors in register etc. 23
39. New sections 22, 22A and 22B substituted 23

22. Inspection of the register 23
22A. Restriction of personal information 23
22B. Rights of review 24

40. Authority of Director to destroy documents 25
41. Service of notices on resident agents 25
42. Regulations 25
43. New section 34 inserted 25

34. Further transitionals 25

PART 4—AMENDMENT OF ESTATE AGENTS ACT 1980 27

44. Definitions 27
45. Application for estate agent's licence 27
46. Certain documents to be lodged by particular corporations 28
47. New section 19A inserted 30

19A. Consent to disclosure of information 30

48. New section 20A inserted 31

20A. Provision of information for the purposes of this Act 31
49. Requirements for regaining licence etc. in special

circumstances 32
50.

Requirements for allowing limited right to hold licence etc. 33
51. Requirements for being allowed limited right to hold

licence etc. 34
52.

New section 33 substituted 35

33. The Register 35

Section Page

53. Franchising agreement 39
54. Annual audit of trust accounts 39
55. Consequential amendment 39
56. Claims against the Fund 39
57. New section 92 substituted 39

92. Certificate as evidence 39

58. New sections 98 and 98A inserted 40

98. Retention of documents 40
98A. Offence to destroy documents required by the Act 40

59. Regulations 41
PART 5—AMENDMENT OF MOTOR CAR TRADERS

ACT 1986 42

60. Application for licence 42
61. New section 11A inserted 42

11A. Consent to disclosure of information 42

62. New section 12A inserted 43

12A. Provision of information for the purposes of this Act 43

63. Grant or refusal of licence 44
64. Register 44
65. Automatic cancellation of licence on bankruptcy etc. 47
66. Person involved in Guarantee Fund claim may regain
licence etc. in special circumstances 47
67. Limited right to hold licence etc. 48
68. Permission to continue to hold licence despite criminal act of
partner or director 49
69. Prohibited employees 50
70. Determination of claims 50
71. New section 83A substituted 50

83A. Retention of documents 50

72. Offence to destroy documents required by the Act 51
73. False or misleading statements 51
74. Certificates 52

87. Certificates 52

75. Regulations 52

PART 6—AMENDMENT OF TRAVEL AGENTS ACT 1986 53

76. Application for licence 53
77. New section 8A inserted 53

8A. Consent to disclosure of information 53

78. Register 54
79. Annual fee and annual statement 56
80. New section 41 inserted 57

41. Retention of documents 57

81. False or misleading statements 58

iii

Section Page

82. New section 42D inserted 58

42D. Offence to destroy records required by the Act 58

83. Regulations 59
PART 7—AMENDMENT OF BUSINESS LICENSING

AUTHORITY ACT 1998 60

84. Definition 60
85. Delegation by Authority 60
86. New sections 17A and 17B inserted 60

17A. Restriction of personal information 60
17B. Rights of review 61

═══════════════

ENDNOTES 63

Victoria

No. 8 of 2003

Business Licensing Legislation

(Amendment) Act 2003†

[Assented to 6 May 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes
The purposes of this Act are—

(a)

to amend the Associations Incorporation Act 1981, the Business Names Act 1962, the Estate Agents Act 1980, the Motor Car
Traders Act 1986 and the Travel Agents
Act 1986—

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s. 2	Part 1—Preliminary

(i) to facilitate electronic transactions
under those Acts; and
(ii) to make further provision for registers under those Acts;

(b)

to amend the delegation powers in the Business Licensing Authority Act 1998.

2. Commencement
(1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into

operation before 1 June 2004 it comes into
operation on that day.

__________________
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Act No. 8/2003

Part 2—Amendment of Associations Incorporation Act 1981 s. 3

PART 2—AMENDMENT OF ASSOCIATIONS

INCORPORATION ACT 1981

3. Definitions

See:

In section 3(1) of the Associations Incorporation Act No.
Act 1981— 9713/1981.
Reprint No. 5

(a) insert the following definitions— as at
1 September

' "CPA Australia" means CPA Australia A.C.N. 008 392 452;

1999 and
amending

Act Nos 35/2000,

"personal information" has the same meaning as in section 3 of the

57/2000,
44/2001 and
9/2002.

Information Privacy Act 2000;';

LawToday:

(b) in the definition of "reproduction" after "negative of the document" insert "or an

dpc.vic.
gov.au
electronic copy of the document".

4. Application for incorporation
In section 5 of the Associations Incorporation
Act 1981—
(a) paragraph (a)(ii) is repealed;

(b)

in paragraph (b), after "proposed" insert "incorporated";
(c) for paragraph (e) substitute—
"(e) shall include a statement from the applicant certifying that—

(i)
under section 4 to make the
the applicant has the authority association; and
(ii) the particulars contained in the application are true and correct; and

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(iii) copies of any documents
accompanying the application are
true copies of those documents;
and".

5. Application to bring companies etc. under the Act

Section 10(3)(a)(ii) of the Associations
Incorporation Act 1981 is repealed.

6. Change of address
For section 13A(2) of the Associations Incorporation Act 1981 substitute—
"(2) An incorporated association that changes its registered address must notify the Registrar in the form approved by the Registrar no
later than 14 days after that change.".

7. Common seal
In the Associations Incorporation Act 1981—

(a)

in section 12A(1)(a) after "seal" insert "(if any)";
(b) in section 14(2) for "shall" substitute "may".

8. New section 24 substituted
For section 24 of the Associations Incorporation
Act 1981 substitute—
"24. First public officer
(1) The first public officer of an incorporated association is—

(a)

the person upon whose application the association was incorporated; or

(b)

if the application provides for a different person, that person.

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(2) A person cannot be the first public officer of

an incorporated association unless the
person—

(a)

consents to being named as the first public officer; and
(b) has attained the age of 18 years; and
(c) is resident in the State.".

9. Special resolution
After section 29(2) of the Associations
Incorporation Act 1981 insert—
"(2A) If, in the opinion of the Registrar it is not
practicable for a resolution to be passed in the manner specified in sub-section (2)(a), the resolution may be passed in a manner specified by the Registrar.

(2B) An incorporated association may apply to the
Registrar for approval to pass a special resolution otherwise than in the manner specified in sub-section (2)(a).".

10. Annual general meeting

(1) After section 30(3A) of the Associations

Incorporation Act 1981 insert—

"(3B) At, or as soon as practicable after, the
conclusion of the annual general meeting of
an incorporated association a committee
member must certify, in the form approved
by the Registrar, that—

(a)

the committee member attended the annual general meeting; and

(b)

the statement referred to in sub- section (3) was submitted to the members of the incorporated
association at the annual general
meeting.".

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(2) In section 30(4)(aa) of the Associations

Incorporation Act 1981, after "30B" insert "and a copy of the auditor's report referred to in section 30B(1A)".

(3) For section 30(4)(b) of the Associations

Incorporation Act 1981 substitute—
"(b) if the meeting has been held, containing a statement from the public officer that the certificate referred to in sub-section (3B) has
been completed and signed by a committee
member who attended the annual general
meeting and that the certificate is being kept
by the incorporated association; and".

(4) After section 30(4) of the Associations Incorporation Act 1981 insert—
"(4A) The incorporated association must keep the statement referred to in sub-section (3) and the certificate referred to in sub-section (3B)
for at least 7 years after the date of
submission or signature (as required).
Penalty: 20 penalty units.".

11. Auditors

(1) In section 30B(1)(c) of the Associations

Incorporation Act 1981, for "the Australian Society of Certified Practising Accountants" substitute "CPA Australia".

(2) After section 30B(1) of the Associations

Incorporation Act 1981 insert—

"(1A) A person who audits the accounts of a
prescribed association must provide the association with a written report of the audit.".

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(3) After section 30B(2) of the Associations

Incorporation Act 1981 insert—

"(2A) The Registrar may grant approval to a
suitably qualified person or class of suitably
qualified persons (other than a person
referred to in sub-section (2)) to audit the
accounts of a prescribed association or a
class of prescribed associations.".

12. Amalgamation of incorporated associations Section 31(3)(d)(ii) of the Associations Incorporation Act 1981 is repealed.
13. Modification of Corporations legislation applying to voluntary winding up
After section 36D(1)(b) of the Associations
Incorporation Act 1981 insert—
'(ba) in the case of a winding up under Division 1, the provisions of Part 5.6 of the Corporations Act apply as if, after section 532(1)(b), there were inserted—
"; or

(c)

in the case of an incorporated association with gross assets of $10 000 or less or any higher amount that is prescribed, a person appointed by the incorporated association who is—
(i) a member of CPA Australia; or

(ii)
a member of the Institute of Australia; or

(iii)
of persons, approved by the
Registrar whom the Registrar is
a person, or a member of a class and experience to act as a

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Part 2—Amendment of Associations Incorporation Act 1981

liquidator of incorporated
associations generally or for a
specified incorporated association
or class of incorporated
associations."; and'.

14. Reinstatement of cancelled association
For section 37(1) of the Associations
Incorporation Act 1981 substitute—
"(1) If the Registrar is satisfied that the
incorporation of an association should not
have been cancelled, the Registrar may
reinstate the association as an incorporated
association.".

15. Register
For section 39(1) of the Associations
Incorporation Act 1981 substitute—
"(1) The Registrar must keep a register of
incorporated associations open for public inspection in the form determined by the Registrar.

(1A) The purposes of keeping the register are—

(a)
access to information about the
purposes, rules, contact details and
to enable members of the public to have associations in Victoria;

(b) to enable members of the public to have access to the annual returns of incorporated associations in Victoria.

(1B) The register must include details of the

following in relation to each incorporated
association—

(a) incorporated association number issued
by the Registrar;

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(b) incorporated association name;

(c)

previous names of the incorporated association and the dates they were current;

(d)

current registered address and date registered;

(e)

previous registered address and date registered;
(f) current postal address;
(g) current status of incorporation;
(h) date incorporated or cancelled;
(i) name and date of appointment of current public officer;

(j)

name and date of appointment of previous public officer;

(k)

date on which the financial year of the incorporated association ends;

(l)

copy of each annual return lodged and date of lodgment;
(m) date of last annual general meeting;

(n)

whether or not the incorporated association is a prescribed association;

(o)

copy of current statement of purposes and date approved;

(p)

copy of current rules and date approved;

(q)

any business name that has been registered;

(r)

Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act

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1999 of the Commonwealth issued to
the incorporated association;

(s)

any information prescribed by the regulations as forming part of the register.".

16. New sections 39B and 39C inserted
After section 39A of the Associations
Incorporation Act 1981 insert—

"39B. Restriction of personal information

(1) A person whose personal information is held
on the register of incorporated associations may apply to the Registrar to restrict public access to some or all of that personal
information.
(2) If the Registrar is satisfied that exceptional

circumstances exist justifying the restriction
of public access to that person's personal
information, the Registrar may restrict public
access to some or all of that personal
information.

(3) The restriction of public access under sub-

section (2) may be for the period and on the
conditions that the Registrar thinks fit.

(4) If the Registrar is satisfied that it is in the

public interest that restricted personal
information be released to a person who
applies for it, the Registrar may release some
or all of the information to the person on any
condition that the Registrar thinks fit.

(5) If the Registrar decides to release restricted

personal information, the Registrar must give
written notice of the decision to the person
whose restricted personal information is to
be released.

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(6) The Registrar must not release restricted personal information until 28 days after giving written notice of the decision to release the information to the person whose
restricted personal information is to be
released.

39C. Rights of review
(1) A person whose interests are affected by a
decision of the Registrar under section 39B may apply to the Tribunal for review of that decision.
(2) An application for review under sub-section (1) must be lodged with the Tribunal within 28 days after—
(a) notice of the decision was given; or

(b)

if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
person is informed under section 46(5)
of that Act that a statement of reasons
will not be given.".

17. Method of lodgment
For section 45A(2) and (3) of the Associations
Incorporation Act 1981 substitute—
"(2) If the Registrar receives from a person a

copy of a document under sub-section (1),
the Registrar may require that person to
produce and lodge the original of the
document.

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Part 2—Amendment of Associations Incorporation Act 1981

(2A) The Registrar may require a person to produce and lodge the original of any document an incorporated association is
required to keep under this Act.

(2B) Sub-sections (2) and (2A) do not apply to
any document—

(a)

created by a person using software approved by the Director of Consumer Affairs Victoria and lodged on an Internet site operated by the State; and

(b)

forwarded by electronic transmission to the Registrar.

(2C) A person must comply with a requirement of
the Registrar under sub-section (2) or (2A) within 28 days after the person received the request from the Registrar or such longer
time as determined by the Registrar.
Penalty: 5 penalty units.
(3) If the person does not comply with a
requirement of the Registrar within the
period specified in sub-section (2C), the
person is to be taken not to have lodged the

document.
(4) An incorporated association must keep the original of any document lodged with the Registrar, whether lodged in electronic or other form, for a period of 7 years after the
date of lodging.
Penalty: 20 penalty units.".

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18. New section 45D inserted
After section 45C of the Associations
Incorporation Act 1981 insert—
"45D. Waiver or refund of fees
The Registrar may, in a particular case or class of cases—

(a)

waive or reduce fees that would otherwise be payable under this Act; or

(b)

refund, in whole or in part, fees paid under this Act.".

19. Continuing offences
In section 50A of the Associations Incorporation
Act 1981—

(a)

in sub-section (2)(c), after "convicted" insert "or found guilty";

(b)

in sub-section (2)(d), after "conviction" insert "or finding of guilt";

(c)

in sub-section (3)(a), after "convicted" insert "or found guilty";

(d)

in sub-section (4), for "fine of" substitute "fine not exceeding".

20. New section 55 inserted
After section 54 of the Associations
Incorporation Act 1981 insert—
"55. Transitional provisions
(1) If, immediately before the commencement of
section 3 of the Business Licensing application has been made to the Registrar for incorporation of an association but the Registrar had not decided to grant, or refuse to grant, a certificate of incorporation to the

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Part 2—Amendment of Associations Incorporation Act 1981

association, the Registrar must make his or
her decision in accordance with this Act as in
force immediately before the commencement
of that section.
(2) Section 37(1) as amended by section 14 of

the Business Licensing Legislation
(Amendment) Act 2003 applies to an
incorporated association that has been
deregistered before, on or after the
commencement of section 14 of that Act.".

21. Schedule
In item 12 of the Schedule to the Associations
Incorporation Act 1981, after "seal" insert
"(if any)".

__________________
Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 3—Amendment of Business Names Act 1962 s. 22

PART 3—AMENDMENT OF BUSINESS NAMES ACT 1962

22. Definitions

See:

In section 4(1) of the Business Names Act Act No.
1962— 6853/1962.
Reprint No. 5

(a) the definitions of "machine-copy" and as at 11 March
1999 and

"transparency" are repealed; amending
Act Nos

(b) insert the following definition— 17/1999,
35/2000 and

' "personal information" has the same meaning as in section 3 of the

44/2001.
LawToday:

Information Privacy Act 2000;'.

dpc.vic. gov.au

23. Register of business names
For section 6(1) and (2) of the Business Names
Act 1962 substitute—
"(1) The Director must keep a register of business names open for public inspection in the form determined by the Director.
(2) The purpose of keeping the register is to
enable members of the public to have access to the contact details of the business and the persons responsible for the business
operating under the business name.

(2A) The register must include details of the following in relation to each registered business name—
(a) business number issued by the Director;
(b) business name;

(c)

current status of registration (registered or registration cancelled);

(d)

date of registration or cancellation of registration;
(e) date business commenced;

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(f) renewal of registration date;
(g) nature of business;

(h) current registered address of the business and date address registered;
(i) previous registered address and date of cessation as registered address;

(j) current postal address;

(k)

each current address in the State where the business is carried on and date on which business commenced at that address;

(l)

previous address in the State where the business was carried on and date on which business ceased at that address;

(m)

current proprietor's name and date of commencement;
(n) current proprietor's residential address;

(o) current proprietor's previous name and date of change of name;
(p) former proprietor's name and date of cessation as proprietor;
(q) former proprietor's last recorded
residential address;
(r) former proprietor's previous name and date of change of name;
(s) Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act
1999 of the Commonwealth;

(t)

Internet site address maintained for the purposes of the business in relation to which the business name is registered (if any);

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(u) any information prescribed by the regulations as forming part of the register.

(2B) The Director may request from a person who

carries on or seeks to carry on a business
under a registered business name any
information or authorisation that the Director
determines is necessary for the
administration of this Act.

(2C) If, under sub-section (2B), a person who carries on or seeks to carry on a business under a registered business name is
requested by the Director to provide
additional information or authorisation, that
person must provide the information or
authorisation to the Director within 28 days
after receiving the request.

(2D) Any additional information obtained under sub-section (2C) does not form part of the register.".

24. Registration of business name
In section 7 of the Business Names Act 1962—

(a) in sub-section (1), for "An application for the registration of a business name shall be made by lodging with the Director a statement in
the form approved by the Director which shall be signed by the person or persons carrying on or proposing to carry on business

person may apply for the registration of a
business name by lodging with the Director
an application in the form approved by the
in the State under that name" substitute "A section 15 and";

(b)

in sub-section (2), for "statement" substitute "application";

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Part 3—Amendment of Business Names Act 1962

(c)

in sub-section (3), for "a statement" substitute "an application";

(d)

in sub-section (6), for "statement" (where twice occurring) substitute "application".

25. Resident agents
Section 8 of the Business Names Act 1962 is repealed.

26. Renewal of registration
In section 11(1) of the Business Names Act 1962 for "a statement" substitute "an application".

27. Notification of changes in particulars etc.
(1) For section 12(1), (1A) and (1C) of the Business Names Act 1962 substitute—
"(1) A notice must be lodged with the Director if a business name is registered under this Act and a change occurs—

(a)
that renders the description of the Director insufficient to disclose the true nature of the business; or

(b)

in the registered business address or the address of the place or places at which business is carried on under that name; or

(c)

in any other address nominated as a postal address or electronic mailing address.

(1A) The notice referred to in sub-section (1)
must—

(a)

be in the form approved by the Director and contain the date and particulars of the change; and

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(b) be signed in accordance with section 15; and
(c) be lodged with the Director within one month after the change occurred or, if a later time is allowed by the Director,
within that later time; and

(d) in the case of a change in a nominated address, specify the new address, the date of the change and any other prescribed particulars.".

(2) In section 12 of the Business Names Act 1962— (a) in sub-section (2)—
(i) for "statement" substitute "notice";

(ii)
whom the name is registered"
for "by one of the persons in relation to section 15";

(b) in sub-section (3)—
(i) for "statement" substitute "notice";
(ii) for "by each person who was carrying on business under that name immediately before the cessation or in the case of a deceased person by his personal representative" substitute "in accordance with section 15 or, in the case of a deceased person, by his or her personal representative";

(c) in sub-section (4)—
(i) for "statement" (where twice occurring) substitute "notice";

(ii)
business under that name immediately
for "by each person carrying on on business under that name"

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substitute "in accordance with
section 15";
(d) sub-sections (5), (6) and (7) are repealed;

(e)

in sub-sections (8), (9), (10) and (11) for "statement" (wherever occurring) substitute "notice".

28. Duty to furnish information
In section 13(1)(b) of the Business Names Act
1962, for "statement" substitute "document".

29. Disability of persons in default
In section 14(1) of the Business Names Act 1962,
for "statement" (where three times occurring)
substitute "notice".

30. New section 15 substituted
For section 15 of the Business Names Act 1962 substitute—
"15. Signing of documents
(1) A document required to be lodged under this Act may be signed by—

(a)

the person carrying on, or seeking to carry on, the business under the business name; or

(b)

if more than one person carries on, or seeks to carry on that business, any one of those persons who is authorised in writing to sign on behalf of the other persons; or

(c)

a person authorised in writing to sign on behalf of the person or persons carrying on, or seeking to carry on, the business under the business name; or

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(d) in the case of a corporation, by a director or secretary authorised to sign on behalf of the corporation.
(2) If the Director is satisfied that it is not practicable to obtain the signature of a person required by this Act to sign a
document the Director may accept the
document for registration without it being
signed by that person.
(3) Despite sub-section (2), a person is not

relieved of the requirement to sign a
document and a document not signed by any
person is not by reason only of its
registration under this Act evidence relating
to that person's interest in a business.".

31. Signatures
In section 15AA of the Business Names Act 1962 omit "statement or" (where three times occurring).

32. Approval of special lodging arrangements
(1) In section 15AB(1), (2) and (5) of the Business
Names Act 1962, for "statements" (wherever occurring) substitute "documents".
(2) In section 15AB(5), (7) and (8) of the Business
Names Act 1962, for "statement" (wherever occurring) substitute "document".

33. New section 15AC inserted
After section 15AB of the Business Names Act
1962 insert—
"15AC. Waiver or refund of fees
The Director may, in a particular case or class of cases—

(a)

waive or reduce fees that would otherwise be payable under this Act; or

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Part 3—Amendment of Business Names Act 1962

(b)

refund, in whole or in part, fees paid under this Act.".

34. Verification of particulars
In section 16 of the Business Names Act 1962 for
"statement" (where three times occurring)
substitute "document".

35. False or misleading statements
(1) In section 17(1) of the Business Names Act
1962—

(a) for "a statement required" substitute "a document required";
(b) for "the statement required" substitute "the document required".

(2) In section 17(2) of the Business Names Act 1962,

for "statement" (where first, thirdly, fifthly and
sixthly occurring) substitute "document".

36. Retention of records
In section 17A of the Business Names Act 1962, for "statement" (where four times occurring) substitute "document".

37. Cancellation of registration
In section 19(1) of the Business Names Act
1962—
(a) in paragraph (a)—

(i)
for "statement" (where first, secondly "notice";

(ii) for "statement" (where thirdly
occurring) substitute "document";

(b)

in paragraph (e) for "statement" (where twice occurring) substitute "notice".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 3—Amendment of Business Names Act 1962 s. 38

38. Registrar may correct errors in register etc.
In section 21(4) of the Business Names Act 1962 for "statement" (where three times occurring) substitute "document".

39. New sections 22, 22A and 22B substituted
For section 22 of the Business Names Act 1962, substitute—
"22. Inspection of the register
(1) A person may, on payment of the prescribed fee (if any), inspect or obtain a copy of or an extract from any information contained in
the register.
(2) A person may, on payment of the prescribed

fee (if any), request a copy of or an extract
from any information contained in the
register, certified by the Director.

(3) This section does not entitle a person to

inspect, obtain a copy of or an extract from,
any document lodged with the Director or
any information not forming part of the
register.

(4) In any proceedings, a copy of or an extract

from any information contained in the
register, certified to be a true copy or extract
by the Director, is admissible in evidence.

22A. Restriction of personal information
(1) A person whose personal information is held
on the register may apply to the Director to restrict public access to some or all of that personal information.
(2) If the Director is satisfied that exceptional

circumstances exist justifying the restriction
of public access to that person's personal
information, the Director may restrict public

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 39

Part 3—Amendment of Business Names Act 1962

access to some or all of that personal
information.
(3) The restriction of public access under sub-

section (2) may be for the period and on the
conditions that the Director thinks fit.

(4) If the Director is satisfied that it is in the

public interest that restricted personal
information be released to a person who
applies for it, the Director may release some
or all of the information to the person on any
condition that the Director thinks fit.

(5) If the Director decides to release restricted

personal information, the Director must give
written notice of the decision to the person
whose restricted personal information is to
be released.

(6) The Director must not release restricted personal information until 28 days after giving written notice of the decision to release the information to the person whose
restricted personal information is to be
released.
22B. Rights of review
(1) A person whose interests are affected by a decision of the Director under section 22A may apply to the Tribunal for review of the decision.
(2) An application for review under sub-section (1) must be lodged with the Tribunal within 28 days after—
(a) notice of the decision was given; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a
statement of reasons for the decision,

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 3—Amendment of Business Names Act 1962 s. 40
the day on which the statement of
reasons is given to the person or the
person is informed under section 46(5)
of that Act that a statement of reasons
will not be given.".

40. Authority of Director to destroy documents
In section 25 of the Business Names Act 1962, for "notice" (where twice occurring) substitute "document".

41. Service of notices on resident agents
Section 31(1)(b) of the Business Names Act 1962 is repealed.

42. Regulations
In section 32(1) of the Business Names Act
1962—
(a) in paragraph (a)—
(i) omit "required to be lodged";

(ii) for "such document" substitute
"information contained in the register";
(b) paragraph (b) is repealed;

(c)
in paragraph (da) for "statements in forms supplied in forms";

(d)

in paragraph (dd) for "statements" substitute "documents".

43. New section 34 inserted
After section 33 of the Business Names Act 1962 insert—
"34. Further transitionals
(1) If, immediately before the commencement of

section 25 of the Business Licensing
Legislation (Amendment) Act 2003, a

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 43

Part 3—Amendment of Business Names Act 1962

person was the resident agent of a person or persons in relation to whom a business name is registered and that resident agent ceases to be the resident agent or changes his or her
name or address, the person or persons in
relation to whom a business name is
registered must lodge a notice in accordance
with sub-section (2).
(2) The notice referred to in sub-section (1) must
be—

(a)

in the form approved by the Director and contain particulars of the date of the cessation or change; and
(b) signed by—
(i) the person or one of the persons in whose name the business name is registered at the time of the

cessation or change of name or
address; or
(ii) the person who has ceased to be the resident agent or changed his or her name or address or personal
representative; and

(c)

lodged with the Director within one month of the change occurring or, if a later time is allowed by the Director, within that later time.".
__________________

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 44

PART 4—AMENDMENT OF ESTATE AGENTS ACT 1980

44. Definitions

See:

In section 4(1) of the Estate Agents Act 1980— Act No.
9428/1980.

(a) insert the following definition— Reprint No. 7
as at

' "Fund" means the Estate Agents' 13 January

Guarantee Fund established under this 2000 and amending

Act;';

Act Nos 35/2000,

(b) in the definition of "registered office", for "under section 34" substitute "in the

74/2000, 11/2001,
44/2001,

register". 72/2001,
84/2001 and
9/2002.
LawToday:

dpc.vic.
gov.au

45. Application for estate agent's licence
For section 17(2)(c) of the Estate Agents Act
1980 substitute—
"(c) be accompanied by—
(i) the name, occupation and contact details of 3 character references (at least one of whom is a former or current employer of the applicant); and

(ii)
granted a licence in accordance with
section 14(1)(a), full particulars of the
applicant's employment as an agent's
if the applicant has applied to be period; and
(iii) a statement by the applicant certifying that the particulars contained in the application are true and correct.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 46

Part 4—Amendment of Estate Agents Act 1980

46. Certain documents to be lodged by particular corporations
(1) For section 19(1)(a) and (b) of the Estate Agents Act 1980 substitute—

"(a) in the case of a corporation with one or more

directors who hold an estate agent's licence,
a statement made by one of those directors—

(i)  certifying that he or she has the authority to make the application on behalf of the corporation; and
(ii)  declaring the name and address of each director and the secretary of the corporation and of the officer in effective control of its proposed estate agency business; and
(iii)  certifying that the particulars contained in the application are true and correct;

(b) in the case of a corporation without a director who holds a current estate agent's licence, but where one or more of the directors have lodged an application for an estate agent's licence, a statement made by one of the directors who has lodged such an application—
(i)  certifying that he or she has the authority to make the application on behalf of the corporation; and
(ii)  declaring the name and address of each director and the secretary of the corporation and of the officer in effective control of its proposed estate agency business; and
(iii)  certifying that the particulars contained in the application are true and correct;

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 46

(c) in the case of a private corporation with a director who holds an estate agent's licence, a statement made by that director—
(i) certifying that he or she has the authority to make the application on behalf of the corporation; and
(ii) declaring the name and address of each member of the corporation; and

(iii) declaring—
(A) the number and type of shares

held by each member of the
corporation; and

(B) whether those shares confer voting

rights; and

(C) whether the member holds shares on behalf of another person and, if so, the name and address of that
person; and
(iv) certifying that the particulars contained in the application are true and correct;

(d) in the case of a private corporation without a director who holds a current estate agent's licence, but where one or more of the directors have lodged an application for an estate agent's licence, a statement made by one of those directors—
(i) certifying that he or she has the authority to make the application on behalf of the corporation; and
(ii) declaring the name and address of each member of the corporation; and

Business Licensing Legislation (Amendment) Act 2003

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s. 47

Part 4—Amendment of Estate Agents Act 1980

(iii) declaring—
(A) the number and type of shares

held by each member of the
corporation; and

(B) whether those shares confer voting

rights; and

(C) whether the member holds shares on behalf of another person and, if so, the name and address of that
person; and
(iv) certifying that the particulars contained in the application are true and correct.".

(2) Section 19(2) of the Estate Agents Act 1980 is
repealed.

47. New section 19A inserted
After section 19 of the Estate Agents Act 1980 insert—
"19A. Consent to disclosure of information
(1) The Authority may require a licensee or an

applicant for an estate agent's licence to
provide the Authority, at the time of
submitting the application or at any time
during the currency of the licence, with any
consent required by another person or body
to enable the Authority to check or confirm
information relevant to the licence or
application.

(2) Without limiting sub-section (1), consent
includes—

(a)

the consent of the licensee or the applicant; and

(b)

the consent of another person other than the licensee or the applicant; and

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 48

(c) if the licensee or applicant is a corporation, the consent of a director of the corporation and, in the case of a private corporation, the consent of a member of the private corporation.
(3) The Authority may refuse to consider an

application for an estate agent's licence under
section 17 if the applicant does not provide
to the Authority the required consent within
14 days after the requirement is made.".

48. New section 20A inserted
After section 20 of the Estate Agents Act 1980 insert—
"20A. Provision of information for the purposes
of this Act
For the purposes of determining compliance with this Act or for carrying out the functions of the Authority or the Director under this Act—

(a)
Director any information collected in
the course of carrying out the
the Authority may disclose to the and

(b)

the Director may disclose to the Authority any information collected in the course of carrying out the Director's functions under this Act; and

(c)

the Director must disclose to the Authority the details of any successful claim made on the Fund in relation to an estate agent or an agent's representative.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 49

Part 4—Amendment of Estate Agents Act 1980

49. Requirements for regaining licence etc. in special circumstances
After section 31A(2) of the Estate Agents Act
1980 insert—
"(2A) An application under this section must—

(a) be in the form approved by the Authority; and
(b) contain the information required by the Authority; and
(c) be accompanied by the documents required by the Authority; and
(d) be accompanied by the prescribed fee (if any).

(2B) In considering an application under this section, the Authority may—
(a) conduct any inquiries it thinks fit;

(b)
further information relating to the
require the applicant to provide any in the manner required by the Authority;

(c)

seek advice and information on the application from any other person or body as it thinks fit.

(2C) The Authority may refuse to give its
permission if the applicant does not provide
the further information required, or his or her
consent for the Authority to obtain that
information, within a reasonable time after
the requirement is made.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 50
50. Requirements for allowing limited right to hold licence etc.
After section 31B(2) of the Estate Agents Act
1980 insert—
"(2A) An application under this section must—

(a) be in the form approved by the Authority; and
(b) contain the information required by the Authority; and
(c) be accompanied by the documents required by the Authority; and
(d) be accompanied by the prescribed fee (if any).

(2B) In considering an application under this section, the Authority may—
(a) conduct any inquiries it thinks fit;

(b)

require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)

seek advice and information on the application from any other person or body as it thinks fit.

(2C) The Authority may refuse to give its
permission if the applicant does not provide
the further information required, or his or her
consent for the Authority to obtain that
information, within a reasonable time after
the requirement is made.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 51

Part 4—Amendment of Estate Agents Act 1980

51. Requirements for being allowed limited right to hold licence etc.
After section 31C(2) of the Estate Agents Act
1980 insert—
"(2A) An application under this section must—

(a) be in the form approved by the Authority; and
(b) contain the information required by the Authority; and
(c) be accompanied by the documents required by the Authority; and
(d) be accompanied by the prescribed fee (if any).

(2B) In considering an application under this section, the Authority may—
(a) conduct any inquiries it thinks fit;

(b) require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;
(c) seek advice and information on the application from any other person or body as it thinks fit.

(2C) The Authority may refuse to consider the

application if the applicant does not provide
the further information required, or his or her
consent for the Authority to obtain that
information, within a reasonable time after
the requirement is made.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 52

52. New section 33 substituted
For sections 33, 34 and 34A of the Estate Agents
Act 1980 substitute—
"33. The Register
(1) The Registrar must keep a register of estate agents and agent's representatives open for public inspection in the form determined by
the Registrar.
(2) The purposes of keeping the register are—

(a) to enable members of the public to have access to information about—
(i) licensed estate agents and agent's representatives;
(ii) other people involved in estate agency business; and

(b) to record the names of all persons declared ineligible to hold a licence or to be an agent's representative.
(3) The register must contain details of the

following in relation to each licensed estate
agent or estate agency business—

(a) licence number issued by the Authority;
(b) name and registered office;

(c)

date of grant, surrender, cancellation or suspension of the licence;
(d) licence conditions;

(e)
the estate agent or agent's
any Tribunal or court orders concerning status of the agent's representative of which the Registrar has notice;

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 52

Part 4—Amendment of Estate Agents Act 1980

(f)

any claims allowed by the Fund (or any like fund established under a previous enactment) in relation to a licensed estate agent or agent's representative of which the Registrar has notice;

(g)

address and telephone number of the principal office of the licensed estate agent;

(h)

if the licensed estate agent has branch offices—
(i) the address of each branch office;
(ii) the name of each branch manager;
(iii) the date of appointment of each branch manager;

(iv)
the date of cessation of manager;

(i)  if the licensed estate agent is operating under a franchise agreement—
(i)  the name and address of the franchisor;
(ii)  the date of commencement of the franchise agreement;
(iii)  the date of cessation of the franchise agreement;

(j)

if the licensed estate agent is a corporation—
(i) the name of each director;
(ii) the date of appointment of each director;
(iii) the date of cessation of appointment of each director;

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 52
(iv) the name of the officer in effective control;
(v) the date of appointment of the officer in effective control;

(vi)
the date of cessation of effective control;

(k)

if the licensed estate agent is an employee of a licensed estate agent, the name and address of the employer;

(l)

if the licensed estate agent employs agent's representatives—

(i)
the name and registered address of employed by the licensee;

(ii)
the date of commencement of representatives;

(iii)
the date of cessation of representative;

(m) if a licensed estate agent employs licensed estate agents—
(i) the name of each licensed estate agent employee;
(ii) the date of commencement of employment of each licensed estate agent employee;

(iii)
the date of cessation of estate agent employee;

(n)

all business names under which the licensed estate agent conducts estate agency business;

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 52

Part 4—Amendment of Estate Agents Act 1980

(o)

Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act
1999 of the Commonwealth issued to
the licensed estate agent;

(p)

Internet site address maintained by the licensee for the purposes of an estate agency business (if any).
(4) The register must also contain details of—

(a) all applications for licences refused by the Authority during the last two years;
(b) all permission determinations under
section 31A, 31B or 31C;
(c) any other information prescribed by the regulations as forming part of the register.
(5) A person in accordance with the regulations

(if any) and on payment of the prescribed fee
(if any) may—

(a) inspect the register; and

(b) obtain copies of, or extracts from, the register.
(6) Subject to the Public Records Act 1973, the Registrar may, if in his or her opinion it is no longer necessary or desirable to retain it,
remove any information from the register
12 years after the information was added to
the register.
(7) In the exercise and performance of his or her
duties under this section the Registrar must act on any information which appears to the Registrar sufficient in each case.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 53

53. Franchising agreement
In section 43(2)(a) of the Estate Agents Act
1980, for "the prescribed form" substitute "a form
approved by the Authority".

54. Annual audit of trust accounts
In section 64 of the Estate Agents Act 1980—

(a)

in sub-section (3), after "report" insert "for a period of 7 years after it was delivered to the agent";
(b) at the foot of sub-section (3) insert—

"Penalty: 20 penalty units.";

(c)

in sub-section (9), for "such form" substitute "the form approved by the Director".

55. Consequential amendment
In section 71 of the Estate Agents Act 1980 the definition of "Fund" is repealed.

56. Claims against the Fund
In section 81(1) of the Estate Agents Act 1980, for "in writing in the prescribed form to the Secretary supported by affidavit or statutory declaration" substitute "in the form approved by the Director and containing the prescribed particulars and accompanied by any documents required by the Director".

57. New section 92 substituted
For section 92 of the Estate Agents Act 1980 substitute—
"92. Certificate as evidence
A certificate signed, or purporting to be
signed, by the Registrar certifying as to any
matter relating to the contents of the register
is evidence of that matter.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 58

Part 4—Amendment of Estate Agents Act 1980

58. New sections 98 and 98A inserted
After section 97A of the Estate Agents Act 1980 insert—
"98. Retention of documents
(1) A person who is permitted or required under

this Act to send a copy of any document or
notice to the Director or Authority must
retain the original document or notice for at
least 7 years after the copy was sent.
Penalty: 20 penalty units.

(2) Sub-section (1) does not apply to any

document or notice—

(a) created by a person using software approved by the Director and lodged on an Internet site operated by the State; and
(b) forwarded by electronic transmission to the Director or Authority.
(3) A person must retain any document that is

required to be kept by this Act or the
regulations for at least 7 years from the date
of its creation.
Penalty: 20 penalty units.

98A. Offence to destroy documents required by
the Act
(1) A person must not destroy, conceal, mutilate

or alter any document that the person is
required to retain under this Act.
Penalty: 100 penalty units.

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 4—Amendment of Estate Agents Act 1980 s. 59
(2) It is a defence to a charge under sub-section
(1) if the person charged can establish that the destruction, concealment, mutilation or alteration of the document was not done with
the intention of defeating the purposes of this
Act.".

59. Regulations
(1) In section 99(d) of the Estate Agents Act 1980, after "accounts" insert "documents".
(2) In section 99(g) of the Estate Agents Act 1980, after "searches of" insert ", copies of, or extracts from".
(3) At the end of section 99 of the Estate Agents Act 1980 insert—
"(2) The regulations under this Act may prescribe

fees that differ according to differences in
circumstances.".

__________________
Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 60

Part 5—Amendment of Motor Car Traders Act 1986

PART 5—AMENDMENT OF MOTOR CAR TRADERS ACT

1986

60. Application for licence

See:

Act No.	In section 8(2) of the Motor Car Traders Act
104/1986.	1986—
Reprint No. 4
as at	(a) in paragraph (b), for "each partner"
1 September
1999 and	substitute "one of the partners who has the
amending	authority of the other partners to sign on
Act Nos
101/1998 (as	behalf of those partners";
amended by

(b) in paragraph (c), for "the director, secretary

No. 74/2000),
35/2000,

27/2001,

or officer of" substitute "a director of the

44/2001 and

body corporate who has the authority of the

84/2001.

LawToday:

other directors to sign on behalf of".

61. New section 11A inserted

After section 11 of the Motor Car Traders Act
1986 insert—
"11A. Consent to disclosure of information
(1) The Authority may require a licensee or an applicant for a motor car trader's licence to provide the Authority, at the time of
submitting the application or at any time
during the currency of the licence, with any
consent required by another person or body
to enable the Authority to check or confirm
information relevant to the licence or
application.
(2) Without limiting sub-section (1), consent
includes—

(a)

the consent of the licensee or the applicant; and

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 5—Amendment of Motor Car Traders Act 1986 s. 62

(b) the consent of another person other than the licensee or the applicant; and
(c) if the licensee or applicant is a corporation, the consent of a director of the corporation or a member of the corporation.
(3) The Authority may refuse to consider an

application for a licence if the applicant does
not provide the Authority with the required
consent within 14 days after the requirement
is made.".

62. New section 12A inserted
After section 12 of the Motor Car Traders Act
1986 insert—
"12A. Provision of information for the purposes
of this Act
Despite anything to the contrary in determining compliance with this Act and for carrying out the functions of the Authority or the Director under this Act—
section 18 of the Business Licensing

(a)
Committee, any information collected
the Authority may disclose to the Authority's functions under this Act; and

(b)
Authority and the Committee, any
information collected in the course of
the Director may disclose to the under this Act; and

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 63

Part 5—Amendment of Motor Car Traders Act 1986

(c) the Committee must disclose to the Authority the details of any successful claim made on the Fund in relation to a motor car trader; and
(d)
Authority and the Director, any
the Committee may disclose to the in the course of carrying out the Committee's functions under this Act in relation to the Fund.".

63. Grant or refusal of licence
In section 13 of the Motor Car Traders Act
1986, for "convicted of a serious offence"

(wherever occurring) insert "convicted or been
found guilty of a serious offence (whether or not a
conviction was recorded)".

64. Register
(1) For section 22(1) and (2) of the Motor Car Traders Act 1986 substitute—
"(1) The Registrar must keep a register of
licensed motor car traders open for public
inspection in the form determined by the
Registrar.".

(2) After section 22(3) of the Motor Car Traders Act 1986 insert—

"(4) The purposes of the register are—

(a)

to enable members of the public to have access to information about licensees; and

(b)

to record the name of any person, partnership or body corporate declared ineligible to be a licensee or director of, partner of or person concerned in the management of a motor car trader or any person declared ineligible to be

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 5—Amendment of Motor Car Traders Act 1986 s. 64
employed in a customer service
capacity by a motor car trader.

(5) The register must include details of the

following in relation to each licensed motor
car trader—

(a) licence number issued by the Authority;
(b) name of licensee;
(c) date licence granted;

(d)

date licence surrendered, cancelled or suspended;
(e) licence conditions;

(f)

details of any Tribunal or court orders concerning the licensee affecting the licence and of which the Registrar has notice;

(g)

details of any claims allowed by the Fund (or any like fund established under a previous enactment) in relation to a licensee and of which the Registrar has notice;

(h)

business names under which a licensee is authorised to operate, including the date of commencement and cessation of operating under those names;
(i) business addresses and telephone
numbers of any premises from which a
motor car trading business is
conducted, including the date of
commencement and cessation of
business at those premises;

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 64

Part 5—Amendment of Motor Car Traders Act 1986

(j) if the licensee is a corporation—
(i) the names of the directors;
(ii) the date of appointment of each director;
(iii) the date of cessation of appointment of each director;

(k) if the licensee is a partnership—
(i) the names of the partners;
(ii) the date each person became a partner;
(iii) the date a partner ceased to be a partner;

(l) Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act
1999 of the Commonwealth;

(m)

Internet site address maintained by the licensee for the purposes of a motor car trader's business (if any).
(6) The register must also contain details of—

(a) all permission determinations made
under sections 29A, 29B and 29C;
(b) all applications for a licence refused by the Authority during the last two years;
(c) any other information prescribed by the regulations as forming part of the register.
(7) Subject to the Public Records Act 1973, the Registrar may, if in his or her opinion it is no longer necessary or desirable to retain it,
remove any information from the register
12 years after the information was added to
the register.

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 5—Amendment of Motor Car Traders Act 1986 s. 65
(8) In the exercise and performance of his or her
duties under this section, the Registrar must act on any information which appears to the Registrar sufficient in each case.".

65. Automatic cancellation of licence on bankruptcy etc.
In section 28 of the Motor Car Traders Act 1986, for "convicted of a serious offence" (where twice occurring) substitute "convicted or found guilty of a serious offence (whether or not a conviction was recorded)".
66. Person involved in Guarantee Fund claim may regain licence etc. in special circumstances
(1) After section 29A(1) of the Motor Car Traders Act 1986 insert—
'(1A) For the purposes of this section, "person"
includes a person who was a director of a corporation, or a partner in a partnership, against which a claim was allowed in
relation to a transaction that occurred while the person was a director of the corporation or a partner in the partnership.'.

(2) After section 29A(2) of the Motor Car Traders Act 1986 insert—
"(2A) An application under this section must be in

the form approved by the Authority and
contain any information and be accompanied
by any documents required by the Authority.

(2B) In considering an application under this section, the Authority may—
(a) conduct any inquiries it thinks fit;

(b)

require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 67

Part 5—Amendment of Motor Car Traders Act 1986

(c)

seek advice and information on the application from any other person or body as it thinks fit.
(2C) The Authority may refuse to give its
permission if the applicant does not provide
the further information required, or his or her
consent for the Authority to obtain that
information, within a reasonable time after
the requirement is made.".

67. Limited right to hold licence etc.
(1) In section 29B(1) of the Motor Car Traders Act

1986, for "convicted of a serious offence" insert
"convicted or been found guilty of a serious
offence (whether or not a conviction was
recorded)".

(2) After section 29B(2) of the Motor Car Traders Act 1986 insert—
"(2A) An application under this section must be in

the form approved by the Authority and
contain any information and be accompanied
by any documents required by the Authority.

(2B) In considering an application under this section, the Authority may—
(a) conduct any inquiries it thinks fit;

(b)

require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)

seek advice and information on the application from any other person or body as it thinks fit.

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 5—Amendment of Motor Car Traders Act 1986 s. 68
(2C) The Authority may refuse to give its
permission if the applicant does not provide
the further information required, or his or her
consent for the Authority to obtain that
information, within a reasonable time after
the requirement is made.".

68. Permission to continue to hold licence despite criminal act of partner or director
(1) In section 29C(1) of the Motor Car Traders Act 1986, for "convicted of a serious offence" substitute "convicted or found guilty of a serious offence (whether or not a conviction was recorded)".
(2) After section 29C(2) of the Motor Car Traders Act 1986, insert—
"(2A) An application under this section must be in

the form approved by the Authority and
contain any information and be accompanied
by any documents required by the Authority.

(2B) In considering an application under this section, the Authority may—
(a) conduct any inquiries it thinks fit;

(b) require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;
(c) seek advice and information on the application from any other person or body as it thinks fit.

(2C) The Authority may refuse to consider the

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 69

Part 5—Amendment of Motor Car Traders Act 1986

69. Prohibited employees
In section 35A(1)(b) of the Motor Car Traders
Act 1986, for "convicted of a serious offence"
substitute "convicted or been found guilty of a
serious offence (whether or not a conviction was
recorded)".

70. Determination of claims
(1) In section 76(1) of the Motor Car Traders Act

1986, for "the prescribed form verified by a
statutory declaration" substitute "a form approved
by the Committee".

(2) After section 76(1) of the Motor Car Traders Act 1986 insert—
"(1A) The person making the claim must certify in the claim that the particulars contained in the claim are true and correct and that the person is aware that making a false or misleading
statement is an offence under section 84A
with a maximum penalty of 50 penalty units
in the case of a natural person or, in the case
of a body corporate, 100 penalty units.

(1B) The Committee may specify how any
information supplied to it under this Part is
to be verified and, without limiting the scope
of this power, may require that the
information be supplied in the form of, or be
verified by, a statutory declaration.".

71. New section 83A substituted
For section 83A of the Motor Car Traders Act
1986 substitute—
"83A. Retention of documents
(1) A person who under this Act is permitted or required to send a copy of any document or notice to the Director, Authority or
Committee must retain the original document

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 5—Amendment of Motor Car Traders Act 1986 s. 72
or notice for a period of 7 years after the
copy was sent.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to any

document or notice—

(a) created by a person using software approved by the Director and lodged on an Internet site operated by the State; and
(b) forwarded by electronic transmission to the Director, Authority or Committee.
(3) A person must retain any document that is

required to be kept by this Act or the
regulations for at least 7 years from the date
of its creation.
Penalty: 20 penalty units.".

72. Offence to destroy documents required by the Act

At the foot of section 83B(1) of the Motor Car
Traders Act 1986, for "240 penalty units or
imprisonment for 2 years or both" substitute
"100 penalty units".

73. False or misleading statements
At the foot of section 84A(1) of the Motor Car Traders Act 1986, after "units" insert ", in the case of a natural person or, in the case of a
corporation, 100 penalty units".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 74

Part 5—Amendment of Motor Car Traders Act 1986

74. Certificates
For section 87 of the Motor Car Traders Act
1986 substitute—
"87. Certificates
A certificate signed or purporting to be signed by the Registrar and certifying as to any matter relating to the register is evidence of that matter.".

75. Regulations
(1) After section 90(1)(f) of the Motor Car Traders Act 1986 insert—
"(g) prescribing the documents, accounts and records to be kept by licensed motor car traders and the manner of keeping them and
the period for which they must be kept; and".

(2) In section 90(2) of the Motor Car Traders Act
1986—

(a)

in paragraph (c), for "regulations." substitute "regulations; and";
(b) after paragraph (c) insert—
"(d) may prescribe fees that differ according to differences in circumstances.".

__________________
Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 6—Amendment of Travel Agents Act 1986 s. 76

PART 6—AMENDMENT OF TRAVEL AGENTS ACT 1986

76. Application for licence

See:

(1) In section 8(2)(b) of the Travel Agents Act 1986, for "at least two directors of the body corporate or,

Act No.
52/1986.
Reprint No. 3

if the body corporate has only one director, by that as at
director" substitute "one director of the body 1 September
1999 and
corporate". amending
Act Nos

(2) After section 8(2) of the Travel Agents Act 1986 35/2000 and

insert— 44/2001.
LawToday:

"(2A) If the application is signed by a director of a body corporate, the application must include

dpc.vic.
gov.au

a statement that the director—

(a) certifies that he or she has the authority to make the application on behalf of the body corporate; and
(b) certifies that the particulars contained in the application are true and correct; and
(c)
certifies that the accompanying those documents.".

77. New section 8A inserted
After section 8 of the Travel Agents Act 1986 insert—
"8A. Consent to disclosure of information
(1) The Authority may require a licensee, or a

person submitting an application for a
licence, or a person appointed as, or
proposed to be appointed as, the person in
charge of the day-to-day conduct of a travel
agency business, to provide to the Authority,
at the time of submitting the application or at
any time during the currency of the licence,

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 78

Part 6—Amendment of Travel Agents Act 1986

any consent required by another person or
body to enable the Authority to check or
confirm information relevant to the licence
or application.
(2) Without limiting sub-section (1), consent
includes—

(a) the consent of the licensee or the applicant; and
(b) the consent of another person other than the licensee or applicant; and
(c) if the licensee or applicant is a corporation, the consent of a director of the corporation or a member of the corporation.
(3) The Authority may refuse to consider an

application for a licence if the applicant does
not provide to the Authority the required
consent within 14 days after the requirement
is made.".

78. Register
For section 15(1) and (2) of the Travel Agents
Act 1986 substitute—
"(1) The Registrar must keep a register of licensed travel agents open for public inspection in the form determined by the
Registrar.

(2) The purposes of the register are—

(a) to enable members of the public to have access to information about licensees;
(b)
disqualified under section 21(2) or
to record the names of people or (f) or section 10(4)(g) or (h).

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 6—Amendment of Travel Agents Act 1986 s. 78

(2A) The register must include the following details in relation to each licensed travel agent—
(a) licence number issued by the Authority;
(b) name of licensee;
(c) date licence granted;

(d)

date licence surrendered, cancelled or suspended;
(e) licence conditions;

(f) details of any Tribunal or court orders concerning the licensee affecting the licence and of which the Registrar has notice;
(g) business names under which a licensee is authorised to carry on travel agency business, including the date of
commencement and cessation of
business in that name;
(h)
numbers of any premises from which
the travel agency business is conducted
and, in each place of business, the
manager of that place, including the
date of commencement and cessation of
business addresses and telephone the manager's commencement and cessation of appointment;
(i) if the licensee is a corporation, the names of the directors and the date of appointment and cessation of appointment of each director;

(j)

if the licensee carries on business in a partnership, the names of the partners;

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 79

Part 6—Amendment of Travel Agents Act 1986

(k) Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act
1999 of the Commonwealth;

(l) Internet site address maintained by the licensee for the purposes of a travel agent's business (if any);
(m) any other information prescribed by the regulations as forming part of the register.
(2B) Subject to the Public Records Act 1973, the Registrar may, if in his or her opinion it is no longer necessary or desirable to retain it,
remove any information from the register
12 years after the information was added to
the register.".

79. Annual fee and annual statement
(1) Section 17(4) of the Travel Agents Act 1986 is
repealed.

(2) In section 17(11) of the Travel Agents Act

1986—
(a) for "8(6)" substitute "8(5)";

(b) omit "or a change of the person in charge at an unchanged place of business".

(3) After section 17(11) of the Travel Agents Act 1986 insert—
'(11A) If at any time during the period of the licence the licensee proposes to replace the person in charge of a place of business with another
person (the "proposed person")—

(a)

the licensee must notify the Authority in the form approved by the Authority; and

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 6—Amendment of Travel Agents Act 1986 s. 80

(b)

the licensee must pay the prescribed fee (if any) for lodgment of the notice.

(11B) The Authority may—
(a) conduct any inquiries it thinks fit;

(b)
any further information that the
require the proposed person to provide required by the Authority;

(c)

seek advice and information on the proposed person from any other person or body it thinks fit.'.

80. New section 41 inserted
After section 40 of the Travel Agents Act 1986 insert—
"41. Retention of documents
(1) A person who under this Act is permitted or required to send a copy of any document or notice to the Director or Authority must
retain the original document or notice for a
period of 7 years after the copy was sent.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to any

document or notice—

(a)

created by a person using software approved by the Director and lodged on an Internet site operated by the State; and

(b)

forwarded by electronic transmission to the Director or Authority.

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 81

Part 6—Amendment of Travel Agents Act 1986

(3) A person must retain any document that is

required to be kept by this Act or the
regulations for at least 7 years from the date
of its creation.
Penalty: 20 penalty units.".

81. False or misleading statements
For section 42B(1) of the Travel Agents Act
1986 substitute—
"(1) A person must not give information or make

a statement that is false or misleading by
reason of the inclusion of any false or
misleading matter or the omission of any
material matter, in relation to anything
covered by this Act.

Penalty: 50 penalty units for a natural
person or, in the case of a body
corporate, 100 penalty units.".

82. New section 42D inserted
After section 42C of the Travel Agents Act 1986 insert—
"42D. Offence to destroy records required by the
Act
(1) A person must not destroy, conceal, mutilate or alter any record that the person is required to keep by this Act or the regulations.

Penalty: 100 penalty units.

(2) It is a defence to a charge under sub-section (1) if the person charged can prove that the destruction, concealment, mutilation or
alteration of the document was not done with the intention of defeating the purposes of this Act.".

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 6—Amendment of Travel Agents Act 1986 s. 83

83. Regulations
After section 48(3) of the Travel Agents Act
1986 insert—
"(3A) The regulations may prescribe fees that

differ according to differences in
circumstances.

(3B) The regulations may prescribe the

documents, accounts and records required to
be kept by licensed travel agents and the
manner of keeping them and the period for
which they must be kept.".

__________________
Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 84	Part 7—Amendment of Business Licensing Authority Act 1998
PART 7—AMENDMENT OF BUSINESS LICENSING

AUTHORITY ACT 1998

84. Definition

See:	In section 3 of the Business Licensing Authority
Act No.
49/1998	Act 1998 insert the following definition—
and
amending	' "personal information" has the same meaning
Act Nos
46/1998 and	as in section 3 of the Information Privacy
17/1999.	Act 2000;'.
LawToday:
	dpc.vic.
gov.au

85. Delegation by Authority
For section 11(a) and (b) of the Business
Licensing Authority Act 1998 substitute—
"(a) a power to determine an application made by a person for a licence or for permission to be, or continue to be, licensed or to be, or
continue to be, a director or partner of a licensee or to be employed by a licensee despite that person being otherwise
ineligible; and
(b) this delegation power.".

86. New sections 17A and 17B inserted
After section 17 of the Business Licensing
Authority Act 1998 insert—

"17A. Restriction of personal information

(1) A person whose personal information is held on any register kept by the Registrar under a business licensing Act may apply to the
Authority to restrict public access to some or all of that personal information.

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Part 7—Amendment of Business Licensing Authority Act 1998 s. 86
(2) If the Authority is satisfied that exceptional circumstances exist justifying the restriction of public access to that person's personal
information, the Authority may restrict
public access to some or all of that personal
information.
(3) The restriction of public access under sub-

section (2) may be for the period and on the
conditions that the Authority thinks fit.

(4) If the Authority is satisfied that it is in the

public interest that restricted personal
information be released to a person who
applies for it, the Authority may release
some or all of the information to that person
on such conditions as the Authority thinks
fit.

(5) If the Authority decides to release restricted
personal information, the Authority must give written notice of the decision to the person whose restricted personal information
is to be released.
(6) The Authority must not release restricted

personal information for 28 days after giving
written notice of the decision to release the
information to the person whose restricted
personal information is to be released.

17B. Rights of review
(1) A person whose interests are affected by a
decision of the Authority under section 17A may apply to the Tribunal for review of that decision.
(2) An application for review under sub-section (1) must be lodged with the Tribunal within 28 days after—
(a) notice of the decision was given; or

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

s. 86

Part 7—Amendment of Business Licensing Authority Act 1998

(b)

if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a
statement of reasons for the decision—
the day on which the statement of
reasons is given to the person or the
person is informed under section 46(5)
of that Act that a statement of reasons
will not be given.".
═══════════════

Business Licensing Legislation (Amendment) Act 2003

Act No. 8/2003

Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 20 March 2003
Legislative Council: 10 April 2003
The long title for the Bill for this Act was "to amend the Associations
Incorporation Act 1981, the Business Names Act 1962, the Estate
Agents Act 1980, the Motor Car Traders Act 1986 and the Travel
Agents Act 1986 to facilitate electronic document transactions and to
make further provision for registers under those Acts and to amend the
Business Licensing Authority Act 1998 and for other purposes."

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Citations

Business Licensing Legislation (Amendment) Act 2003 (Vic)

Cases Citing This Decision

Cases Cited

Statutory Material Cited

3.	Definitions	3
4.	Application for incorporation	3
5.	Application to bring companies etc. under the Act	4
6.	Change of address	4
7.	Common seal	4
8.	New section 24 substituted	4

9.	Special resolution	5
10.	Annual general meeting	5
11.	Auditors	6
12.	Amalgamation of incorporated associations	7
13.	Modification of Corporations legislation applying to voluntary
winding up	7
14.	Reinstatement of cancelled association	8
15.	Register	8
16.	New sections 39B and 39C inserted	10

39B.	Restriction of personal information	10
39C.	Rights of review	11

Section	Page
PART 3—AMENDMENT OF BUSINESS NAMES ACT 1962	15

22.	Definitions	15
23.	Register of business names	15
24.	Registration of business name	17
25.	Resident agents	18
26.	Renewal of registration	18
27.	Notification of changes in particulars etc.	18
28.	Duty to furnish information	20
29.	Disability of persons in default	20
30.	New section 15 substituted	20

31.	Signatures	21
32.	Approval of special lodging arrangements	21
33.	New section 15AC inserted	21

34.	Verification of particulars	22
35.	False or misleading statements	22
36.	Retention of records	22
37.	Cancellation of registration	22
38.	Registrar may correct errors in register etc.	23
39.	New sections 22, 22A and 22B substituted	23

22.	Inspection of the register	23
22A.	Restriction of personal information	23
22B.	Rights of review	24

40.	Authority of Director to destroy documents	25
41.	Service of notices on resident agents	25
42.	Regulations	25
43.	New section 34 inserted	25

44.	Definitions	27
45.	Application for estate agent's licence	27
46.	Certain documents to be lodged by particular corporations	28
47.	New section 19A inserted	30

53.	Franchising agreement	39
54.	Annual audit of trust accounts	39
55.	Consequential amendment	39
56.	Claims against the Fund	39
57.	New section 92 substituted	39

98.	Retention of documents	40
98A.	Offence to destroy documents required by the Act	40

63.	Grant or refusal of licence	44
64.	Register	44
65.	Automatic cancellation of licence on bankruptcy etc.	47
66.	Person involved in Guarantee Fund claim may regain
licence etc. in special circumstances	47
67.	Limited right to hold licence etc.	48
68.	Permission to continue to hold licence despite criminal act of
partner or director	49
69.	Prohibited employees	50
70.	Determination of claims	50
71.	New section 83A substituted	50

72.	Offence to destroy documents required by the Act	51
73.	False or misleading statements	51
74.	Certificates	52

78.	Register	54
79.	Annual fee and annual statement	56
80.	New section 41 inserted	57

84.	Definition	60
85.	Delegation by Authority	60
86.	New sections 17A and 17B inserted	60

17A.	Restriction of personal information	60
17B.	Rights of review	61

(a)	to amend the Associations Incorporation Act 1981, the Business Names Act 1962, the Estate Agents Act 1980, the Motor Car
Traders Act 1986 and the Travel Agents Act 1986—

In section 3(1) of the Associations Incorporation	Act No.
Act 1981—	9713/1981. Reprint No. 5

(a) insert the following definitions—	as at 1 September
' "CPA Australia" means CPA Australia A.C.N. 008 392 452;	1999 and
amending
Act Nos 35/2000,
"personal information" has the same meaning as in section 3 of the	57/2000, 44/2001 and
9/2002.

(b) in the definition of "reproduction" after "negative of the document" insert "or an	dpc.vic.
gov.au

(a)	the person upon whose application the association was incorporated; or
(b)	if the application provides for a different person, that person.

(a)	the committee member attended the annual general meeting; and
(b)	the statement referred to in sub- section (3) was submitted to the members of the incorporated
association at the annual general meeting.".

(c)	previous names of the incorporated association and the dates they were current;
(d)	current registered address and date registered;
(e)	previous registered address and date registered;

(j)	name and date of appointment of previous public officer;
(k)	date on which the financial year of the incorporated association ends;
(l)	copy of each annual return lodged and date of lodgment;

(n)	whether or not the incorporated association is a prescribed association;
(o)	copy of current statement of purposes and date approved;
(p)	copy of current rules and date approved;
(q)	any business name that has been registered;
(r)	Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act

(b)	if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a
statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.".

(a)	created by a person using software approved by the Director of Consumer Affairs Victoria and lodged on an Internet site operated by the State; and
(b)	forwarded by electronic transmission to the Registrar.

(a)	waive or reduce fees that would otherwise be payable under this Act; or
(b)	refund, in whole or in part, fees paid under this Act.".

(a)	in sub-section (2)(c), after "convicted" insert "or found guilty";
(b)	in sub-section (2)(d), after "conviction" insert "or finding of guilt";
(c)	in sub-section (3)(a), after "convicted" insert "or found guilty";
(d)	in sub-section (4), for "fine of" substitute "fine not exceeding".