Hawkers Act Amendment Act 1985 (Qld)

884 (iueen51anth EU ETuN ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 60 of 1985 An Act to amend the Haw kers Act 1984 in certain particulars [ASSENTED TO 20TH SEPTEMBER, 1985]

Hawkers Act Amendment Act 1985, No. 60 885 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Hawkers Act Amendment Act 1985. (2) In this Act the Hawkers Act 1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hawkers Act 1984-1985. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended by- (a) in subsection (1) omitting the definition "Local Authority" and substituting the following definition:- "Local Authority" means- (a) a Local Authority constituted under the Local Government Act 1936-1985; (b) the Brisbane City Council constituted under the City ofBrisbane Act 1924-1984; (c) each of them the Council of the Shire of Aurukun and the Council of the Shire of Mornington constituted under the Local Government (Aboriginal Lands) Act 1978-1981; (d) an Aboriginal Council constituted under the CommunityServices (Aborigines) Act 1984; (e) an Island Council constituted under the CommunityServices (Torres Strait) Act 1984;"; (b) adding after subsection (2) the following subsection:- "(3) Where an application is made under section 11 or section 17 in respect of an area within the meaning of the Community Services (Aborigines) Act 1984 or the CommunityServices (Torres Strait) Act 1984 the certificate required shall be that of the Aboriginal Council or Island Council that governs that area.". 4. Amendment of s. 9. Issue of licences . Section 9 of the Principal Act is amended by omitting the words "or, where so prescribed, a police officer".

88 Hawkers Act Amendment Act 1985, No. 60 5. Amendment of s. 11 . Application for licence . Section 11 of the Principal Act is amended by-- (a) in subsection (1)- (i) omitting the words "or for renewal of a licence"; (ii) inserting after the words "applicant resides" the words "or in which he carries on or proposes to carry on the business of a hawker"; (b) in subsection (2), in provision (a), omitting the words "that the Local Authority has no objection" and substituting the words "(which Local Authority is hereunto required to supply such a certificate) stating whether or not the Local Authority objects"; (c) inserting after subsection (2), the following subsection:- "(3) A certificate referred to in subsection (2) may be issued under the seal of the Local Authority or under the hand of an employee of the Local Authority authorised by the Local Authority to issue such a certificate.". 6. Amendment of s. 13. Initial application to be determined by authorized officer. Section 13 of the Principal Act is amended in subsection (1) by omitting the words ", other than for a renewal of a licence,". 7. Repeal of and new s. 14 . Renewal of licences. The Principal Act is amended by repealing section 14 and substituting the following section:- "14. Renewal of licences. (1) A person desiring to renew a licence shall within a period of not more than 60 days and not less than 14 days prior to the expiry date of that licence lodge an application for renewal thereof in or to the effect of the prescribed form with the officer in charge of police for the division of the Police District in which the applicant is then residing or in which he carries on the business of a hawker together with the prescribed fee, if any. (2) An officer in charge of police who receives an application for renewal of a licence shall forward the application and his recommendation to an authorized officer who shall determine the matter. (3) In his determination of an application for renewal of a licence pursuant to subsection (2), an authorized officer may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (4) Upon approval of an application for renewal, a licence shall be renewed by the issue of another licence and where an application for renewal of a licence is approved subject to conditions, those conditions shall be endorsed on the renewed licence.".

Hawkers Act Amendment Act 1985, No. 60 887 8. Repeal of and new s. 15. Duration of licence . The Principal Act is amended by repealing section 15 and substituting the following section:- "15. Duration of licence . (1) Subject to section 21 and this section, a licence shall, unless sooner surrendered, revoked or cancelled, be in force for a period of 12 months from the date of issue or renewal. (2) Where an authorized officer is of the opinion that a licence should be in force for a lesser period than 12 months, he may issue or renew a licence for such lesser period as he thinks fit and endorse this period on the licence.". 9. Repeal of and new s. 17. Licence not transferable . The Principal Act is amended by repealing section 17 and substituting the following section:- "17. Licence not transferable . (1) A licence cannot be transferred to another person. (2) An application by a licensee to carry on business as a hawker in an additional Local Authority Area shall be made in or to the effect of the prescribed form and shall be made by the licensee personally to the officer in charge of police for the division of the Police District in which the licensee resides, or in which he carries on or proposes to carry on the business of a hawker. (3) An application shall be accompanied by- (a) a certificate in or to the effect of the prescribed form of the Local Authority for the Local Authority Area in which the licensee proposes to carry on business as a hawker (which Local Authority is hereunto required to supply such a certificate) stating whether or not the Local Authority objects to the licensee so doing in that Area; and (b) the prescribed fee, if any. (4) A certificate referred to in subsection (3) may be issued under the seal of the Local Authority or under the hand of an employee of the Local Authority authorised by the Local Authority to issue such a certificate. (5) An officer in charge of police who receives an application from a licensee under this section shall forward the application and his recommendation to an authorized officer. (6) An authorized officer may approve the application either unconditionally or subject to such conditions as he may determine or may refuse the application. (7) Where an application is approved details of the approval and any conditions imposed shall be endorsed on the licence.". 10. Amendment of s. 21. Replacement licence. Section 21 of the Principal Act is amended in subsection (2) by omitting the words "the

888 Hawkers Act Amendment Act 1985, No. 60 words "Replacement Licence issued in lieu of Licence No, with". " and 11. Amendment of s. 25. Appeals. Section 25 of the Principal Act is amended in subsection (1), in provision (a) of the.first paragraph, by inserting after the words "renewal of a licence" the words "or for the right to carry on business in an additional Local Authority Area".