Hawkers Act 1936 (ACT)

The Hawkers Act 1936 (ACT) deals with the regulation of hawkers in the Australian Capital Territory, including licensing, penalties for non-compliance, and the handling of smuggled or contraband goods. The case under review involved an appeal by a hawker against the decision of the registrar to refuse to grant a permit. The appeal was made to the Minister who has the authority to affirm, vary or set aside the registrar's decision. The Minister's decision to set aside the registrar's refusal to grant a permit resulted in a direction to the registrar to grant a permit as specified by the Minister.

The primary legal issue in the case was whether the Minister had the authority to set aside the registrar's decision and direct the issuance of a permit, and if so, whether this action was appropriate in the circumstances. The court considered the statutory provisions granting the Minister the power to hear and determine appeals, and the specific circumstances of the case, including the reasons for the registrar's decision and the merits of the applicant's appeal. The court found that the Minister's decision to set aside the registrar's refusal and direct the issuance of a permit was within the statutory authority and was appropriate given the circumstances.

The court's reasoning was based on the statutory provisions of the Hawkers Act 1936 (ACT) which grant the Minister the power to hear and determine appeals against decisions of the registrar. The court found that the Minister's decision to set aside the registrar's refusal and direct the issuance of a permit was within the statutory authority and was appropriate given the circumstances. The court noted that the Minister had considered the reasons for the registrar's decision and the merits of the applicant's appeal, and had exercised the statutory power in a manner consistent with the statutory provisions and the circumstances of the case.

The final orders of the court were that the Minister's decision to set aside the registrar's refusal and direct the issuance of a permit was affirmed, and the registrar was directed to grant a permit to the applicant as specified by the Minister. The applicant was also ordered to comply with all conditions of the permit, including the display of the words "Licensed Hawker" and the hawker's name and licence number on the vehicle used for carrying on the business. The court also noted that any appeal against the Minister's decision would need to be made to the relevant court or tribunal with jurisdiction to hear such appeals.