Hawkers Act 1968 (ACT)

HAWKERS

No. 29 of 1968

An Ordinance to amend the Hawkers Ordinance 1936-1966.

1.—(1.) This Ordinance may be cited as the Hawkers Ordinance

1968.*

(2.) The Hawkers Ordinance 1936-1966f 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 1936-1968.

2. This Ordinance shall come into operation on a date to be fixed by the Minister. J

3.   Section 4 of the Principal Ordinance is amended—

(a) by inserting after the definition of " constable " the follow­ ing definition:—

" ' food ' includes every article which is used for food or drink by man or which enters into or is used in the composition or preparation of any such article and includes infant foods, flavouring matters, essences, condiments, spices, and confectionery, but does not include fresh fruit or fresh vegetables; " and

(6) by inserting after the definition of " Registrar " the follow­ ing definition:—

" ' the Director of Health' means the person for the time being occupying, or performing the duties of, the office of Commonwealth Director of Health for the Territory;".

4 . Section 6 of the Principal Ordinance is amended by omitting

sub-section (1.) and inserting in its stead the following sub-sections:—
" (1.) A person shall not carry on the business of a hawker unless

he is the holder of a licence so to do.

Penalty: Forty dollars.

" (1A.) A licensed hawker shall not, in the carrying on of the busi­ ness of a hawker—

(a)	use (either by himself or by an assistant hawker) more than one vehicle at any one time;
(b)	if his licence does not authorize him to sell food or food and other goods—use a vehicle that is not included in the class of vehicles specified in his licence; or

* Made on 13 December 1968; notified in the Commonwealth	Gazette on 19 December 1968.
t

Ordinance N o . 43, 1936, as amended by N o . 25, 1938; N o . 1, 1941; N o . 8, 1948; N o . 21, 1959; N o . 15, 1962: and N o . 19, 1966.

t The date fixed was 1 May 1969; see Commonwealth Gazette 28 April 1969, p. 2544.

(c) if his licence authorizes him to sell food or food and other goods—use a vehicle other than the vehicle specified in his licence.

Penalty: Forty dollars.".

5. Section 6A of the Principal Ordinance is repealed and the follow­ ing section is inserted in its stead:—

" 6A.—(1.) A person shall not, without the consent in writing of the Minister or a person authorized in writing by the Minister to give consents for the purposes of this sub-section, carry on the business of a hawker within a distance of two hundred yards of a shop.

Penalty: Forty dollars.

" (2.) The provisions of the last preceding sub-section do not apply where the business of hawker is carried on with a bona fide resident or occupier of any premises at those premises.

" (3.) Subject to the next succeeding section, where a vehicle on which goods are being carried in the course of the carrying on by a licensed hawker of his business of a hawker has been standing at a particular place (hereinafter referred to as 'the specified place') for the purpose of permitting the sale of those goods or the exposing of those goods for sale and—

(a)	the vehicle remains standing at the specified place for a continuous period in excess of half an hour; or
(b)	at, or at any time on the same day after, the expiration of a continuous period of half an hour after the vehicle commenced so to stand at the specified place—

(i)   the vehicle is, after having moved from the specified place, again standing at the specified place for such a purpose; or

(ii) the vehicle is standing, for such a purpose, at

another place less than two hundred yards distant

from the specified place,

the holder of a licence who is in actual charge of the vehicle commits an offence, and, if that holder is not the licensed hawker who is using the vehicle in the carrying on of a business of a hawker, that licensed hawker shall also be deemed to have committed an offence, punishable, upon conviction, by a fine not exceeding Forty dollars.

" (4.) Where, in proceedings for an offence against the last pre­ ceding sub-section, a person gives evidence that goods that were being carried on the vehicle to which the proceedings relate were sold to a person while the vehicle was standing at a place, the vehicle shall, in the absence of proof to the contrary, be deemed to have been standing at that particular place for the purpose of permitting the sale of goods that were being carried on it during the whole of the period during which the vehicle was, on that occasion, standing at that particular place.

" (5.) In proceedings for an offence against sub-section (3.) of this section, it is a defence if the accused proves that the person in actual charge of the vehicle during the period or at the time when it was stand­ ing at a particular place in contravention of that sub-section was pre­ vented from moving the vehicle from that place at any time during that period or at that time, as the case may be, by reason of a mechanical defect in the vehicle or by reason of other facts beyond the control of that person.".

6. After section 6A of the Principal Ordinance the following section is inserted:—

" 6B.—(1.) The Minister may, by notice published in the Gazette, specify a place at which licensed hawkers may permit the vehicles on which they are carrying on the business of a hawker to stand, without limit as to time, for the purpose of carrying on their businesses.
" (2.) The Minister may grant to a licensed hawker a permit, in writing, authorizing the hawker to carry on the business of a hawker at a place specified in the permit during the hours and on a day specified in the permit.

" (3.) Where a vehicle that is being used by a licensed hawker in

the course of the carrying on by him of his business of a hawker stands—

(a)	at a place specified in a notice, being a notice that has not been revoked, under sub-section (1.) of this section; or
(b)	at a place as authorized by a permit, being a permit that is in force, granted to the hawker under the last preceding sub-section,

sub-section (3.) of the last preceding section does not apply to or in
relation to the standing of the vehicle at that place.".

7.  Section 8 of the Principal Ordinance is amended—

(a) by inserting after sub-section (1.) the following sub­ section:—

"(1A.) An application for a hawker's licence shall

state—	(a)	whether the applicant desires the issue of a licence authorizing him to sell food, goods other than food or food and other goods;
(b)	whether the applicant intends to use a vehicle in carrying on the business of a hawker; and

(c) if the applicant does intend so to use a vehicle—

(i)   in a case where the application is for a licence authorizing the applicant to sell food or food and other goods—particu­ lars of the vehicle; or

(ii)   in any other case—particulars of the class of vehicles (being a class of vehicles specified in the Second Schedule to this Ordinance) in which the vehicle is included."; and

(b) by adding at the end thereof the following sub-section:—

"(1B .) Where the Registrar grants an application for a

hawker's licence, he shall specify in the licence—

(a)	whether the licence authorizes the licensed hawker to sell food, goods other than food or food and other goods; and
(b)	the vehicle, or the class of vehicles in which is included a vehicle, in which the licensed hawker is authorized to carry on the business of a hawker.".

8. After section 8 of the Principal Ordinance the following section is inserted:—

" 8A. An application for a hawker's licence authorizing the use of a vehicle for the sale of food or food and other goods shall be deemed not to have been duly made unless it is accompanied by a certificate of the Director of Health or a person authorized in writing by him to issue certificates for the purposes of this section certifying that he has inspected the vehicle and is satisfied that the vehicle is suitable for the carriage of food.".

9 . Section 12 of the Principal Ordinance is amended by omitting

the words " Twenty-five cents" and inserting in their stead the words
" Two dollars ".

1 0 . After section 12 of the Principal Ordinance the following section is inserted:—

" 12A.—(1.) The Registrar may, upon the application of a licensed hawker, vary the licence in respect of—

(a) the vehicle or the class of vehicles specified in the licence; and

(b) the goods which the licensed hawker is authorized to sell.
" (2.) Where a licensed hawker who is authorized to sell goods

other than food desires to sell food or food and other goods or where

of a hawker other than the vehicle specified in his licence, the Registrar	a licensed hawker desires to use a vehicle in carrying on the business
shall not vary the licence unless the application is accompanied by a certificate of the Director of Health or a person authorized in writing by him to issue certificates for the purposes of this section certifying that he has inspected the vehicle in which the licensed hawker desires to carry on the business of a hawker and is satisfied that the vehicle is suitable for the carriage of food.
" (3.) Where the Registrar varies a licence and the fee that would be payable in respect of the grant of the licence as varied exceeds the fee paid in respect of the grant of the licence, the licensee is liable to pay to the Registrar, in respect of the variation, a fee that bears to an amount equal to the amount of that excess the same proportion as the number of months (treating a part of a month as a month) in the unexpired period of the licence bears to the number of months in the period for which a licence was granted.".

11. The Second Schedule to the Principal Ordinance is repealed and the following Schedule inserted in its stead:—

" THE SECOND SCHEDULE. Sections 11, 12.

SCALE OF FEES CHARGEABLE FOR HAWKERS' LICENCES.

Fee per annum
$

1. Where the licensee carries the goods for sale on his person . . . . 2.00

2.  Where the licensee carries the goods for sale in or on a vehicle of a

weight not exceeding twenty-five hundredweight . . . . . . 5.00

3.  Where the licensee carries the goods for sale in or on a vehicle of a

weight exceeding twenty-five hundredweight . . . . . . 15.00".