Hawkers Act 1941 (ACT)
I AUSTRALIAN CAPITAL TERRITORY.
No. 1 of 1941.
•
AN OKDINANCE
To amend the Hawkers Ordinance 1936-1938.
BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, with the advice of the Federal Seat of Government Acceptance Act 1909-1938 and the Seat of
Government (Administration) Act 1910-1940, as follows:— 1.— (1.) This Ordinance may be cited as the Hawkers short title
T , , , , , and citation.
O rdtnance 1941. (2.) The Hawkers Ordinance 1936-1938 is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Hawkers Ordinance 1936-1941.
2. Section four of the Principal Ordinance is amended— Definitions. (a) by omitting the definition of " licence " and inserting
in its stead the following definition:—
" ' licence ' means a hawker's licence or an assistant hawker's licence under this Ordinance and in force for the time being; and ' licensed' has a corresponding meaning; " ;
(6) by omitting the definition of " Registrar " and inserting
in its stead the following definition:—
6015.—PMCE 5D.—C " ' Registrar' means the Registrar of Hawkers' Licences appointed in pursuance of this Ordi- nance, and includes a Deputy Registrar; " ; and
| I | (c) by omitting the definition of "vehicle" and inserting |
in its stead the following definition:—
" ' vehicle ' means a vehicle used for carrying goods for the purposes of sale, and includes a boat or vessel.".
3. Section five of the Principal Ordinance is amended by Meaning of
inserting, after the word " shall", the words ", unless he is the b̂ unew of
holder of an assistant hawker's licence,". hawker. * Notified in the Commonwealth Gazette on 30th January, 1941.
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Business of 4 . Section six of the Pr incipal Ordinance is amended by be canted^0 inserting in sub-section (1 . ) , after the word " do " the words " and
without Hdc-ice. ghjjj n 0 ^ a^ a n y one time, use more than one vehicle (either by himself or by an assistant hawker) in the carrying on of that
business ".
Appointment 5. Section seven of the Principal Ordinance is amended by of Registrar of hawkers' adding at the end thereof the following sub-section:— licences. " (2.) The Minister may appoint such Deputy Registrars as he considers necessary for the purposes of this Ordinance."'.
Application for 6. Section eight of the Principal Ordinance is amended— , hawker'B
licence.
(<z) by omitting the word "licence" (wherever occurring) and inserting in its stead the words "hawker's licence " ; and
(6) by adding at the end thereof the following sub- section :—
"(4.) A hawker's licence shall be in accordance with Form B in the First Schedule to this Ordinance or to the like effect.".
7. Section nine of the Principal Ordinance is repealed and the following sections inserted in its stead:—-
Application, " 9 . — (1.) The son or an employee of a licensed hawker may (2.) An application for an assistant hawker's licence shall be in accordance with Form C in the First Schedule to this Ordinance. for assistant I hawker's apply to the Registrar for an assistant hawker's licence and the licence. Registrar may grant or refuse the application as he thinks fit.
(3.) An applicant for an assistant hawker's licence shall be required to produce to the Registrar a certificate, signed by the
Chief Officer of Police or a member of the Police Force of the
Territory thereto authorized in writing by the Chief Officer of r Police, that the applicant— (a) if a son of a licensed hawker—is above the age of
sixteen years; or
(6) if an employee of a licensed hawker, other than his
son—is above the age of twenty-one years; and
(c) is a person of good character; and
(d) is a fit and proper person to be licensed as an assistant
hawker.
(4.) An assistant hawker's licence shall be in accordance with Form D in the First Schedule to this Ordinance or to the like effect.
(5.) An assistant hawker's licence shall authorize the person to whom it is granted to assist in carrying on the business of the hawker named in the licence and shall be grante'd only in respect of the business of a hawker whose licence relates to the carriage of goods in or on a vehicle.
" 9A. The Registrar shall not grant more than two assistant Limitation on
hawker's licences to be in force at any one time in respect of the assistant
business of any licensed hawker.".8. Section ten of the Principal Ordinance is repealed and the following section inserted in its stead:—
"10.— (1.) A licence shall not be issued to any applicant until security to
| w | he has entered into a security in accordance with Form E, in the eglven- First Schedule, with two sureties approved by the Registrar, each in the sum of Twenty pounds. |
| (2.) A security in accordance with Form E shall, without sealing, bind its subscribers as if sealed, and jointly and severally, and for the full amount. | |
| (3.) Whenever a security is put in suit by the Registrar the production thereof without further proof shall entitle him to judg- ment for their stated liability against the persons appearing to have executed the security unless the defendants prove compliance with the condition of the security or that the security was not executed by them or release or satisfaction. | |
| (4.) If it appears to the Court that a non-compliance with the condition of a security has occurred, the security shall not be deemed to have been invalidated or discharged and the subscribers shall not be deemed to have been released or discharged from liability by reason of the Registrar having failed to bring suit against the subscribers upon the occurrence of any previous non-compliance.". |
9. Section eleven of the Principal Ordinance is amended by Fees and term inserting, after the word " Ordinance " (first occurring), the words °
" other than an assistant hawker's licence ".
10. Section twelve of the Principal Ordinance is amended by Power to grant
omitting the word " licence" (first and third occurring) and licences for
inserting in its stead the words " hawker's licence ". than twelve"5 months. 11. Section thirteen of the Principal Ordinance is amended by Hawker's
omitting the word "licence" and inserting in its stead the words effect until
" hawker's licence ". ee pai ' 12. Section fifteen of the Principal Ordinance is amended by Hawker's
omitting the word " licence " (first occurring) and inserting in its bear name, Ac.
stead the words " hawker's licence ".
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Amendment of 13. The First Schedule to the Principal Ordinance is the First
Schedule. amended— (a) by inserting in Form A, after the word " Registrar ",
the words " of Hawkers' Licences " ;
(6) by inserting in Form B, after the word "Regis t rar"
(third occurring), the words "of Hawkers' Licences " ; and
(c) by omitting Form C and inserting in its stead the
following Forms:—
" Section 9. FORM CL AUSTRALIAN CAPITAL TERRITORY.
The Hawkers Ordinance 1936-1941. 4
APPLICATION FOR ASSISTANT HAWKER'S LICENCE.
The Registrar of Hawkers' Licences,
Canberra.
• Here insert I hereby apply for an Assistant Hawker's Licence authorizing me to assist Hawker's Licence in respect of f name of
in the carrying on of the business of * , the holder of a principal. for the purpose of sale t Here set out the nature of within the Australian Capital Territory in accordance with the Hawkers the goods. Ordinance 1936-1941.
Name in full
Address
DateCERTIFICATE BY POLICE.
I liereby certify that the above applicant—
t Strike out (1) % is a son of the above-mentioned licensed hawker and is above the words the age of sixteen years; inapplicable. % is an employee of the abovementioned licensed hawker and ie
above the age of twenty-one years;
(2) is a person of good character; and
(3) is a fit and proper person to be licensed as an assistant hawker.
Police Officer
Stationed a t Date
" Section 9. FORM D. AUSTRALIAN CAPITAL TERRITORY.
The Hawkers Ordinance 1936-1941.
ASSISTANT HAWKER'S LICENCE.
Whereas of has
• Here insert
name of
principal. applied to the Registrar for an Assistant Hawker's Licence authorizing him
to assist in the carrying on of the business of * the t Here set out the nature of holder of a Hawker's Licence, in respect of t goods. Now I, the Registrar, being satisfied that the said is a fit person to have an Assistant Hawker's Licence granted to him, liereby authorize and empower him to assist in the carrying on of the business of * within the Australian Capital Territory
and this Licence shall be and continue in force until the day of forfeited.
, 19 , and no longer, unless sooner suspended, cancelled or I
Dated this day of , 19 .
Registrar of Hawkers ' Licences.
Section 10.
FORM E.
i
AUSTRALIAN CAPITAL TERRITORY.
The Hawkers Ordinance 1930-1041.
FORM OF SECURITY.
By this security the subscribers are. pursuant to the Hawkers Ordinance are.
1930-1941, bound to the Registi of Hawkers' Licences, Australian Capital («) Here insert Territory, in the sum of Twenty pounds subject only to the condition that , orassisstant." *'
if (ai who is to be licensed under the said Ordinance hawker, to (6) on the business of a hawker in the Australian (;,) Here insert Capital Territory for a period which will expire on the day of "carry"or
, 19 , shall not be convicted during that period of any offence l-*8^™" a 9
against the said Ordinance, then this security shall be thereby discharged. the case requires.
Dated the day of , 19 .
Names and descriptions Signatures of Signatures of of subscribers. subscribers. witnesses.
%
Dated this twenty-ninth day of January, 1941.
GOWRIE
Governor-General.
By His Excellency's Command,
H. S. FOLL
Minister of State for the Interior.
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| i | liy Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra. |
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