Red Tape Reduction Legislation Amendment Act 2014 (ACT)

Case

Red Tape Reduction Legislation Amendment Act 2014

A2014-47

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Casino Control Act 2006

4            Issue of casino employee licenceSection 45 (3)  4

5            Renewal of casino employee licenceSection 47 (4) (b)  4

Part 3Fair Trading (Motor Vehicle Repair Industry) Act 2010

6            Licensee advertising without detailsSection 47  5

Part 4Gaming Machine Act 2004

7           Display of licence at licensed premisesSection 41 (1)  6

Part 5Hawkers Act 2003

8            Section 13  7

9            Restriction on hawking near commercial premisesSection 14 (1), note  7

10          Section 16  8

Part 6Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012

11Fair Trading (Motor Vehicle Repair Industry) Act 2010 infringement notice offences and penalties
Schedule 1, item 4  10

Part 7Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005

12Sale of Motor Vehicles Act infringement notice offences and penalties
Schedule 1, item 11  11

Part 8Pawnbrokers Act 1902

13          Name of pawnbroker etc to be displayed on premisesSection 7  12

Part 9Planning and Development Regulation 2008

14          Schedule 1, new division 1.3.4A  13

Part 10Public Unleased Land Act 2013

15          Public unleased land permit—applicationSection 45 (2) (d)  16

Part 11Race and Sports Bookmaking Act 2001

16          Section 10 and note  17

17          Section 16 and note  17

18          Section 38 and note  17

19          Internally reviewable decisionsSchedule 1, item 4  17

Part 12Registration of Deeds Act 1957

20          Registration of deedsSection 4 (1) (a)  18

21          Section 4 (2)  18

Part 13Sale of Motor Vehicles Act 1977

22          Display of licence and noticeSection 73 (4)  19

23          Section 73 (5)  19

24          Section 73 (8)  19

25          Advertisements by licensed dealersSection 79 (1)  19

26          Section 79 (4)  19

27          Advertisements by licensed car market operatorsSection 79A  19

Part 14Second-hand Dealers Act 1906

28          Name of dealer etc to be displayed on premisesSection 5  20

Part 15Second-hand Dealers Regulation 2002

29          Requirement for displayed lettering—Act, s 5Section 5B  21

Part 16Security Industry Act 2003

30          AdvertisingSection 40 (1)  22

Part 17Tobacco Act 1927

31          Display of licence detailsSection 64 (4) definition of licence details notice, paragraph (c)           23

Red Tape Reduction Legislation Amendment Act 2014

A2014-47

An Act to amend legislation for the purpose of red tape reduction

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Red Tape Reduction Legislation Amendment Act 2014.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Casino Control Act 2006

    ·     Fair Trading (Motor Vehicle Repair Industry) Act 2010

    ·     Gaming Machine Act 2004

    ·     Hawkers Act 2003

    ·     Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012

    ·     Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005

    ·     Pawnbrokers Act 1902

    ·     Planning and Development Regulation 2008

    ·     Public Unleased Land Act 2013

    ·     Race and Sports Bookmaking Act 2001

    ·     Registration of Deeds Act 1957

    ·     Sale of Motor Vehicles Act 1977

    ·     Second-hand Dealers Act 1906

    ·     Second-hand Dealers Regulation 2002

    ·     Security Industry Act 2003

    ·     Tobacco Act 1927.

Part 2Casino Control Act 2006

  1. Issue of casino employee licence
    Section 45 (3)

    substitute

    (3)A casino employee licence is for not more than 3 years.

  2. Renewal of casino employee licence
    Section 47 (4) (b)

    substitute

    (b)is for not more than 3 years.

Part 3Fair Trading (Motor Vehicle Repair Industry) Act 2010

  1. Licensee advertising without details
    Section 47

    omit

Part 4Gaming Machine Act 2004

  1. Display of licence at licensed premises
    Section 41 (1)

    substitute

    (1)It is a condition of a licence that the licensee displays the licence, or a copy of the licence, in a prominent position at 1 entrance (the main entrance) to each gaming area of the licensed premises.

Part 5Hawkers Act 2003

  1. Section 13

    substitute

  2. Licensed hawkers licence to be produced on request by authorised person

    (1)A licensed hawker commits an offence if—

    (a)the licensee carries on business as a hawker in a public place; and

    (b)the licensee is asked by an authorised person to produce the licensee’s licence for inspection; and

    (c)the licensee does not produce the licence for inspection.

    Maximum penalty:  10 penalty units.

    (2)A licensed hawker commits an offence if—

    (a)someone else carries on business as a hawker for the licensee in a public place; and

    (b)the person in paragraph (a) is asked by an authorised person to produce the licensee’s licence for inspection; and

    (c)the person in paragraph (a) does not produce the licence (or a copy of the licence) for inspection.

    Maximum penalty:  10 penalty units.

    (3)An offence against this section is a strict liability offence.

  3. Restriction on hawking near commercial premises
    Section 14 (1), note

    omit

    s 14 and

  4. Section 16

    substitute

  5. Commercial premises—exemption to be produced on request by authorised person

    (1)This section does not apply to a licensed hawker.

    NoteA licensed hawker must produce their licence on request by an authorised person. The licence shows any exemption held by the licensee (see s 13 and s 21).

    (2)An exempt person for commercial premises commits an offence if—

    (a)the person carries on business as a hawker at a location in a public place within 180m of the premises; and

    (b)the person is asked by an authorised person to produce the person’s exemption for inspection; and

    (c)the person does not produce the exemption for inspection.

    Maximum penalty:  5 penalty units.

    NoteAn exempt person may carry on business as a hawker within 180m of the commercial premises to which the exemption applies (see s 14 and s 28).

    (3)An exempt person for commercial premises commits an offence if—

    (a)someone else carries on business as a hawker for the exempt person at a location in a public place; and

    (b)the location is within 180m of the premises to which the exemption applies; and

    (c)the person in paragraph (a) is asked by an authorised person to produce the exempt person’s exemption for inspection; and

    (d)the person in paragraph (a) does not produce the exemption (or a copy of the exemption) for inspection.

    Maximum penalty:  5 penalty units.

    (4)An offence against this section is a strict liability offence.

Part 6Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012

  1. Fair Trading (Motor Vehicle Repair Industry) Act 2010 infringement notice offences and penalties
    Schedule 1, item 4

    omit

Part 7Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005

  1. Sale of Motor Vehicles Act infringement notice offences and penalties
    Schedule 1, item 11

    omit

Part 8Pawnbrokers Act 1902

  1. Name of pawnbroker etc to be displayed on premises
    Section 7

    omit

Part 9Planning and Development Regulation 2008

  1. Schedule 1, new division 1.3.4A

    insert

Division 1.3.4A        Exempt developments—outdoor eating or drinking places

1.79Definitions—div 1.3.4A

In this division:

outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A.

public unleased land—see the Public Unleased Land Act 2013, section 8.

1.80Application—div 1.3.4A

This division applies to an outdoor eating or drinking place if it is established on—

(a)unleased territory land under a licence granted under the Act, part 9.11 (Licences for unleased land); or

(b)public unleased land for which a permit has been issued under the Public Unleased Land Act 2013.

1.81Outdoor eating or drinking places—general exemption criteria

Unless otherwise stated in a provision, a development to which this division applies must comply with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.

NoteGeneral exemption criteria, for a development—see s 1.10.

1.82Outdoor eating or drinking places—removable objects

(1)A designated development for building or installing an object in an outdoor eating or drinking place if the object (a removable object) can, within 48 hours and with or without limited mechanical assistance, be removed from the outdoor eating or drinking place to return that place to the condition it was in immediately before the object was installed.

Examples—removable objects

·     awnings

·     glass screens

·     portable barriers

·     serving stations

·     umbrellas attached to the ground

Note 1Designated development, in relation to land—see s 1.2.

Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)In this section:

limited mechanical assistance includes the use of a crowbar, a pallet jack, or a trolley but does not include the use of an excavator, a forklift, or a jackhammer.

removable object includes any of the following:

(a)an object that is attached to the ground, a building or structure;

(b)a socket, sleeve, bracket or similar device that attaches an object to the ground, a building or a structure;

(c)an object that, though not attached, remains in place when the outdoor eating or drinking place is not in use.

Part 10Public Unleased Land Act 2013

  1. Public unleased land permit—application
    Section 45 (2) (d)

    substitute

    (d)include a plan (a location plan) that—

    (i)is drawn to scale; and

    (ii)clearly shows—

    (A)the location, boundaries and dimensions of the public unleased land for the permit; and

    (B)the position of the activity on the public unleased land.

Part 11Race and Sports Bookmaking Act 2001

  1. Section 10 and note

    substitute

  2. Term of race bookmaking licence

    A race bookmaking licence is issued for the period of not more than 3 years stated in the licence.

  3. Section 16 and note

    substitute

  4. Term of race bookmaker’s agent licence

    A race bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.

  5. Section 38 and note

    substitute

  6. Term of sports bookmaker’s agent licence

    A sports bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.

  7. Internally reviewable decisions
    Schedule 1, item 4

    substitute

4 30 issue licence for shorter period than applied for applicant for licence

Part 12Registration of Deeds Act 1957

  1. Registration of deeds
    Section 4 (1) (a)

    omit

    registrar-general;

    substitute

    registrar-general; or

  2. Section 4 (2)

    substitute

    (2)A deed must not be registered under this Act by being deposited with the registrar-general unless the deed, in the opinion of the registrar-general—

    (a)is legibly written; and

    (b)is on paper of a size and standard approved by the registrar‑general; and

    (c)will, if entered on the register, be, and continue to be, easily readable.

Part 13Sale of Motor Vehicles Act 1977

  1. Display of licence and notice
    Section 73 (4)

    omit

  2. Section 73 (5)

    omit

    In addition to the notice required by subsection (4), a licensed

    substitute

    A licensed

  3. Section 73 (8)

    omit

    (2), (4) and (5)

    substitute

    (2) and (5)

  4. Advertisements by licensed dealers
    Section 79 (1)

    omit

  5. Section 79 (4)

    omit

  6. Advertisements by licensed car market operators
    Section 79A

    omit

Part 14Second-hand Dealers Act 1906

  1. Name of dealer etc to be displayed on premises
    Section 5

    omit

Part 15Second-hand Dealers Regulation 2002

  1. Requirement for displayed lettering—Act, s 5
    Section 5B

    omit

Part 16Security Industry Act 2003

  1. Advertising
    Section 40 (1)

    substitute

    (1)A person commits an offence if—

    (a)the person advertises that the person carries on, or is willing to carry on, a security activity; and

    (b)the person is not the holder of a licence that authorises the person to carry on the security activity mentioned in the advertisement.

    Maximum penalty:  30 penalty units.

Part 17Tobacco Act 1927

  1. Display of licence details
    Section 64 (4) definition of licence details notice, paragraph (c)

    omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 5 June 2014.

  2. Notification

    Notified under the Legislation Act on 6 November 2014.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Red Tape Reduction Legislation Amendment Bill 2014, which was passed by the Legislative Assembly on 23 October 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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