Jabiru Town Development (Stallholders) By-laws 1983 (NT)
NORTHERN TERRITORY OF AUSTRALIA
JABIRU TOWN DEVELOPMENT (STALLHOLDERS) by-laws 1983
As in force at 18 December 1985
northern territory of australia
This reprint shows the By-laws as in force at 18 December 1985. Any amendments that commence after that date are not included.
Jabiru Town Development (Stallholders) By-laws 1983
By-laws under the Jabiru Town Development Act 1978
These By-laws may be cited as the
In these By-laws, unless the contrary intention appears:
A person shall not sell goods from a stall in the town area of Jabiru except in accordance with a permit and these By-laws.
(1) A person may apply to the Town Manager for a permit and the application shall state:
(a) the name and business address of the applicant;
(b) the type of goods which the applicant intends to sell;
(c) the proposed location of the stall; and
(d) the period for which the permit is required.
(2) An application under clause (1) shall be accompanied:
(a) by the fee prescribed by the Authority; and
(b) in the case of the first application for a permit, by a certificate signed by 2 reputable inhabitants of the Territory certifying that the applicant is of good character and is a fit and proper person to hold a permit.
5 Grant or refusal to grant permit The Authority shall consider an application for a permit and may:
(a) grant the application; or
(b) refuse to grant the application.
6 Issue of permit (1) Where the Authority grants a permit it shall issue the permit in accordance with the form in the Schedule.
(2) A permit under clause (1) shall be valid for the period, not exceeding 3 years, indicated in the permit.
(3) A permit under clause (1) may be subject to conditions in relation to:
(a) the goods that may be sold from the stall;
(b) the days and hours during which goods may be sold;
(c) the siting of the stall; and
(d) the standards in relation to health or hygiene to be observed by the stallholder.
(4) A permit is not transferable.
(1) Subject to clause (2), the Authority may revoke a permit where the stallholder:
(a) has become bankrupt, applied to take the benefit of a law for the relief of bankrupt or insolvent debtors or has compounded with his creditors;
(b) has been convicted of an indictable offence;
(c) has contravened or failed to comply with a condition of his permit or these By-laws;
(d) is conducting his business in such a manner as to cause a nuisance or annoyance to persons in the neighbourhood of the stall; or
(e) has purported to assign or transfer his permit or is not personally carrying on the business for which the permit was granted.
(2) Where under clause (1), the Authority revokes a permit:
(a) it shall serve on the stallholder a notice that the permit has been revoked and that the revocation takes effect after 14 days from the date of the notice; and
(b) the stallholder shall return the permit, and his badge or card under by-law 8, to the Town Manager within 30 days of the date of the notice under paragraph (a).
8 Badges or cards (1) The Authority shall issue to a stallholder a badge or card for which the stallholder shall pay the sum of $2.
(2) A stallholder shall display his badge or card whilst selling goods from his stall.
(2A) An offence of contravening or failing to comply with a provision of, or a notice under, clause (2) is a regulatory offence.
(3) A person shall not display a stallholder’s badge or card unless he is the holder of a permit.
(1) A stallholder whilst offering goods for sale from his stall shall:
(a) carry his permit and upon demand by an authorized officer or a member of the Police Force produce it for inspection by the authorized officer or the member;
(b) have his name legibly and conspicuously displayed on his stall; and
(c) at all times maintain his stall in good order and condition.
(2) A stallholder shall not:
(a) conduct a stall between the hours of sunset and sunrise the next day, or on a Sunday, Christmas Day or Good Friday without obtaining the consent of the Authority;
(b) place his stall within a distance of 200 metres of a shop or permanent place of business that has for sale any goods, wares or merchandise of the type offered for sale by the stallholder;
(c) call his wares or cause or make an outcry, noise or disturbance likely to be a nuisance or cause annoyance to a person in that vicinity;
(d) deposit or store a box or basket under his vehicle or upon an adjacent roadway or footpath, whilst conducting his stall;
(e) obstruct the free passage of pedestrians or vehicles on a public street, whilst conducting his stall; or
(f) act in an offensive manner, whilst conducting his stall.
10 Parking A stallholder shall not sell goods from a stall on private property unless there is adequate provision on the private property for the parking of his customers’ vehicles.
Notwithstanding these By-laws, the Authority may grant to a person, without fee, a licence to conduct a stall in a public street or on land for the period specified in such licence where such stall is conducted solely for the purpose of raising money for a religious, sporting or charitable organization or on behalf of any other organization which, in the opinion of the Authority, has objects for the benefit of the community.
A person who contravenes or fails to comply with these By-laws or a condition of a permit granted to him is guilty of an offence.
Penalty: $400 and a daily penalty of $40 for each day during which the offence continues.
regulation 6
No.
...............................................…………………………………………………........
(Name)
of....................................………………………………………………...................
(Address)
is hereby permitted to sell.................………………………………………............
(Type of goods)
from a stall erected or placed at ....................……............................................ in the town area of Jabiru, subject to the following conditions .……………………………………....................................................................................................................................................................………………………...………………………………………………………………………………………………………………………………………………………………………...................
This permit shall remain in force until and including ...........……………......., 19...
Dated this day of , 19 .
...............................
Town Manager
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 18 February 1983 |
Commenced | 18 February 1983 |
Assent date | 28 November 1983 |
Commenced | 1 January 1984 (s 2, s 2 |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
bl 8 amd Act No. 68, 1983, s 138
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