Traders (Licensing) Act 2016 (ACT)

Traders (Licensing) Act 2016   

A2016-46

Republication No 3

Effective:  23 August 2019

Republication date: 23 August 2019

Last amendment made by A2018‑33
(republication for expiry of transitional provisions (pt 20))

About this republication

The republished law

This is a republication of the Traders (Licensing) Act 2016 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 August 2019.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 August 2019. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Traders (Licensing) Act 2016

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 2

Part 2      Important concepts

6            Meaning of operational Act  3

7           Meaning of trader  3

9            Meaning of motor vehicle dealer  3

10          Meaning of motor vehicle repairer  4

11          Meaning of motor vehicle wholesaler  4

12          Meaning of pawnbroker  4

13          Meaning of second-hand dealer  4

14          Classes of traders  4

Part 3      Traders licences

Division 3.1                  Preliminary

15          Definitions—pt 3  5

Division 3.2                  About traders licences

16          Licensable entity  6

17          Eligibility of entity  6

18          Suitability of entity  7

19          Traders licence term and form  7

20          Conditions for traders licence  8

21          Exemption from licensing  9

Division 3.3                  Licensing and licence management

22          Licence application  9

23          Licence issue  10

24          Transfer application  10

25          Transfer decision  11

26          Renewal application  12

27          Renewal decision  12

28          Late renewal application  13

29          Late renewal decision  14

30          Temporary licence following death of licensee  15

31          Amendment of licence  16

32          Commissioner may request more information  17

33          Issue of copy of licence  17

34          Surrender of licence  17

35          Surrender of licence during suspension  18

36          Cancellation of licence issued by mistake  18

Division 3.4                  Licence register

37          Licence register  19

38          Correcting register and keeping it up-to-date  20

Part 4      Occupational discipline and other disciplinary action

39          Meaning of licensee—pt 4  21

40          Meaning of ground for occupational discipline—pt 4  21

41          Application to ACAT for occupational discipline  22

42          Considerations before making occupational discipline orders               22

43          Information about cancellations etc to be given to corresponding authorities 23

Part 5      Offences

44          Meaning of licensed—pt 5  25

45          Carrying out licensed activity when not licensed  25

46          False or misleading representations  25

47          Failure to meet condition of licence  26

48          Failure to surrender licence  26

Part 6      Notification and review of decisions

49          Meaning of reviewable decision—pt 6  27

50          Reviewable decision notices  27

51          Applications for review  27

Part 7      Miscellaneous

52          Determination of fees  28

53          Regulation-making power  28

54          Operation of Act with other rights etc  29

55          Evidence of licensing  29

Schedule 1 Reviewable decisions  30

Dictionary31

Endnotes

1            About the endnotes  33

2            Abbreviation key  33

3            Legislation history  34

4            Amendment history  35

5            Earlier republications  36

6            Expired transitional or validating provisions  36

Traders (Licensing) Act 2016

An Act to regulate the licensing of traders, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Traders (Licensing) Act 2016.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘licensee, for part 4 (Occupational discipline and other disciplinary action)—see section 39.’ means that the term ‘licensee’ is defined in that section for part 4.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Important concepts

1. Meaning of operational Act

   Each of the following is an operational Act:

   (a)the Fair Trading (Motor Vehicle Repair Industry) Act 2010;

   (b)the Pawnbrokers Act 1902;

   (c)the Sale of Motor Vehicles Act 1977;

   (d)the Second-hand Dealers Act 1906.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

2. Meaning of trader

   Each of the following (a trader category) is a trader:

   (a)motor vehicle dealer;

   (b)motor vehicle repairer;

   (c)motor vehicle wholesaler;

   (d)pawnbroker;

   (e)second-hand dealer.

3. Meaning of motor vehicle dealer

   In this Act:

   motor vehicle dealer means a dealer under the Sale of Motor Vehicles Act 1977.

4. Meaning of motor vehicle repairer

   (1)In this Act:

   motor vehicle repairer means an entity that carries on business as a motor vehicle repairer if the entity performs motor vehicle repair work for reward.

   (2)In this section:

   motor vehicle repair work—see the Fair Trading (Motor Vehicle Repair Industry) Act 2010, dictionary.

5. Meaning of motor vehicle wholesaler

   In this Act:

   motor vehicle wholesaler means a wholesaler under the Sale of Motor Vehicles Act 1977.

6. Meaning of pawnbroker

   In this Act:

   pawnbroker—see the Pawnbrokers Act 1902, dictionary.

7. Meaning of second-hand dealer

   In this Act:

   second-hand dealer—see the Second‑hand Dealers Act 1906, dictionary.

8. Classes of traders

   A regulation may divide a trader category into classes.

Part 3Traders licences

Division 3.1               Preliminary

1. Definitions—pt 3

   (1)In this part:

   influential person, for a corporation, means any of the following:

   (a)an executive officer of the corporation;

   (b)a person who may exercise a relevant power in relation to the corporation;

   (c)a related corporation;

   (d)an executive officer of a related corporation.

   trading address means the address of the premises where a trader carries on a licensed activity.

   trading name means the name under which a trader carries on a licensed activity.

   (2)In this section:

   related corporation means a related body corporate under the Corporations Act.

   relevant power, for a corporation, means a power—

   (a)to take part in a directorial, managerial or executive decision for the corporation; or

   (b)to elect or appoint a person as an executive officer in the corporation; or

   (c)to exercise a significant influence in relation to the conduct of the corporation.

Division 3.2               About traders licences

1. Licensable entity

   The following entities may be licensed as a trader:

   (a)an individual;

   (b)a partnership;

   (c)a corporation;

   (d)an association declared under the Associations Incorporation Act 1991, section 15 and incorporated under that Act.

2. Eligibility of entity

   (1)A regulation may provide eligibility requirements for an entity to be licensed as a trader, including the qualifications the entity must have to be licensed.

   (2)A regulation may provide for how an entity may, or must, show that the entity satisfies an eligibility requirement.

   NotePower to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

   (3)The Minister may declare that a class of corporation is only eligible to hold a licence if a stated number or percentage of individuals carrying out a licensed activity for the corporation hold individual licences to carry out the activity.

   (4)The Minister may only make a declaration if satisfied on reasonable grounds the declaration is in the public interest.

   (5)A declaration is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

3. Suitability of entity

   In deciding whether an entity is a suitable entity to hold a licence, the commissioner—

   (a)must consider the following:

   (i)suitability information about the entity, and each relevant person for the entity, prescribed by regulation;

   (ii)any information given to the commissioner under section 32 (Commissioner may request more information); and

   (b)may consider whether the premises where the entity intends to carry out the licensed activity are—

   (i)suitable premises for carrying out the licensed activity; and

   (ii)premises that the entity is entitled to use.

4. Traders licence term and form

   (1)A licence may be issued for up to 5 years.

   (2)A licence must state, in writing—

   (a)a unique identifying number for the licence; and

   (b)the licensee’s name; and

   (c)the licensee’s trading name; and

   (d)the trader category and trader class (if any) for which the licence is issued; and

   (e)the date of expiry for the licence; and

   (f)any condition that applies to the licence.

5. Conditions for traders licence

   (1)A licence is subject to any condition—

   (a)required under an operational Act; or

   (b)imposed by the commissioner when issuing the licence or by written notice given to the licensee at any other time; or

   (c)prescribed by regulation.

   NotePower to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).

   (2)The commissioner may impose a condition on a licence at any time—

   (a)if satisfied on reasonable grounds the condition is in the public interest; or

   (b)for a reason prescribed by regulation.

   (3)The commissioner must give the licensee written notice of the condition.

   (4)A condition on a licence takes effect on the later of—

   (a)the day stated by the commissioner in the notice; or

   (b)if the applicant applies to the ACAT for a review of the imposition of the condition and the ACAT upholds the condition—5 working days after the day the ACAT makes the decision; or

   (c)5 working days after the day the commissioner gives the licensee notice.

6. Exemption from licensing

   (1)The commissioner may declare that an entity may carry out the activities of a trader in a trader category or trader class without a licence.

   (2)The commissioner may only make a declaration if the commissioner is satisfied that allowing the trader to trade without a licence is in the public interest.

   (3)A declaration is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

Division 3.3               Licensing and licence management

1. Licence application

   (1)An entity may apply to the commissioner for a licence as a trader in a trader category or trader class.

   (2)An application may be made for a licence in more than 1 trader category or trader class.

   (3)The application must—

   (a)be in writing; and

   (b)state—

   (i)the applicant’s name; and

   (ii)the applicant’s trading name; and

   (iii)the applicant’s proposed trading address or addresses; and

   (c)include information to show the applicant is eligible to be licensed in the trader category or class; and

   (d)include any information prescribed by regulation.

   NoteA fee may be determined under s 52 for this provision.

2. Licence issue

   (1)If an entity applies for a licence, the commissioner must, within the decision-making period—

   (a)issue the licence; or

   (b)refuse to issue the licence.

   NoteA licence may be issued with a condition (see s 20).

   (2)The licence may authorise the entity to carry on business in—

   (a)more than 1 trader category; and

   (b)more than 1 trader class.

   (3)The commissioner may issue the licence to the entity only if the commissioner is satisfied—

   (a)about the identity of each relevant person for the entity; and

   (b)that the entity—

   (i)is eligible to hold the licence; and

   (ii)is a suitable entity to hold the licence.

3. Transfer application

   (1)A licensee may apply to the commissioner to transfer a licence in a prescribed trader category or trader class to another entity (the transferee).

   (2)An application must—

   (a)be in writing; and

   (b)include evidence to show that the licensee and transferee agree to the transfer; and

   (c)state—

   (i)the transferee’s name; and

   (ii)the transferee’s trading name; and

   (iii)the transferee’s proposed trading address or addresses; and

   (d)include information to show the transferee is eligible to be licensed in the trader category or class; and

   (e)include any information prescribed by regulation.

   Note A fee may be determined under s 52 for this provision.

4. Transfer decision

   (1)If a licensee applies to transfer a licence, the commissioner must, within the decision-making period—

   (a)approve the transfer; or

   (b)refuse to approve the transfer.

   (2)The commissioner may approve the transfer to the transferee only if the commissioner is satisfied—

   (a)about the identity of a relevant person for the transferee; and

   (b)that the transferee—

   (i)is eligible to hold the licence; and

   (ii)is a suitable entity to hold the licence.

   (3)A transfer is subject to any condition—

   (a)required under an operational Act; or

   (b)if the commissioner is satisfied on reasonable grounds that imposing a condition is in the public interest—imposed by the commissioner when approving the transfer; or

   (c)prescribed by regulation.

   NotePower to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).

5. Renewal application

   (1)A licensee may apply, in writing, to the commissioner to renew the licence up to 6 months before the licence expires.

   (2)The application must—

   (a)be in writing; and

   (b)include information to show the applicant remains eligible and suitable to be licensed in the trader category or class; and

   (c)include any information prescribed by regulation.

   NoteA fee may be determined under s 52 for this provision.

   (3)If a licensee applies to renew a licence, the licence remains in force until the application is decided.

6. Renewal decision

   (1)If a licensee applies to renew a licence, the commissioner must, within the decision-making period—

   (a)renew the licence; or

   (b)refuse to renew the licence.

   (2)However, if the commissioner has asked the licensee to do a thing in relation to being a licensee, and the licensee has not yet done the thing, the commissioner must not renew the licence until the thing is done.

   Examples—thing not done

   ·     pay a fee

   ·     provide information

   ·     condition of licence met

   (3)A licence may be renewed for up to 5 years.

   (4)The renewal of a licence—

   (a)starts immediately after the licence would have expired if it had not been renewed; and

   (b)if there is a condition imposed on the licence—does not affect the condition.

   (5)A renewal is subject to any condition—

   (a)required under an operational Act; or

   (b)if the commissioner is satisfied on reasonable grounds imposing a condition is in the public interest—imposed by the commissioner when approving the renewal; or

   (c)prescribed by regulation.

   NotePower to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).

7. Late renewal application

   (1)This section applies if a licensee fails to apply to the commissioner to renew the licence before the day the licence expires (the expiry day).

   (2)Within 1 year after the expiry day the licensee may apply to the commissioner to renew the licence (a late renewal).

   (3)The application must—

   (a)be in writing; and

   (b)include information to show the applicant remains eligible and suitable to be licensed in the trader category or class; and

   (c)include any information prescribed by regulation.

   NoteA fee may be determined under s 52 for this provision.

   (4)If a licensee applies for a late renewal, the licence remains in force but is taken to be suspended for the period between the expiry day and the day the renewal decision is made.

1. Late renewal decision

   (1)If a licensee applies for a late renewal, the commissioner must, within the decision-making period—

   (a)renew the licence; or

   (b)refuse to renew the licence.

   (2)However, if the commissioner has asked the licensee to do a thing in relation to being a licensee, and the licensee has not yet done the thing, the commissioner must not renew the licence until the thing is done.

   (3)A licence may be renewed for up to 5 years.

   (4)The renewal of a licence starts on the day the renewal decision is made.

   (5)If a condition is imposed on the licence, late renewal does not affect the condition.

2. Temporary licence following death of licensee

   (1)This section applies if—

   (a)a licensee dies; and

   (b)an entity is, is named as, or is otherwise entitled to become, a legal personal representative of the deceased licensee (an eligible personal legal representative).

   (2)The entity may apply to the commissioner for authorisation to carry on the business of the deceased licensee for a period of not longer than 6 months.

   (3)The application must—

   (a)be in writing; and

   (b)be made within—

   (i)28 days after the death of the licensee; or

   (ii)a longer period agreed by the commissioner; and

   (c)state the applicant’s name; and

   (d)include information to show the applicant is eligible to be licensed in the trader category or class; and

   (e)include evidence to show the applicant is an eligible personal legal representative; and

   (f)state the period, not longer than 6 months after the date of death of the deceased licensee, for which the authorisation is sought; and

   (g)include any information prescribed by regulation.

   NoteA fee may be determined under s 52 for this provision.

   (4)The commissioner may authorise the applicant to carry on the deceased licensee’s business only if the commissioner is satisfied the applicant is—

   (a)eligible and suitable to be licensed in the trader category or class for which the deceased licensee was licensed; and

   (b)an eligible personal legal representative of the deceased licensee.

   (5)An entity authorised to carry on the business of the deceased licensee—

   (a)is taken to be the licensee of the deceased licensee’s licence for the period for which the authorisation is approved; and

   (b)must carry on the business with the same trading name and trading address.

3. Amendment of licence

   (1)If the commissioner becomes aware that 1 or more of the following change, the commissioner may amend a licensee’s licence to reflect the change:

   (a)the licensee’s name;

   (b)the licensee’s trading name;

   (c)a trading address for the licensee;

   (d)a condition that applies to the licence.

   (2)The commissioner may also amend the licence at any time, at the request of the licensee or otherwise, if the commissioner believes on reasonable grounds the amendment is necessary.

4. Commissioner may request more information

   (1)This section applies to—

   (a)an application for a licence under section 22; and

   (b)an application to transfer a licence under section 24; and

   (c)an application to renew a licence under section 26; and

   (d)an application for a late renewal of a licence under section 28; and

   (e)an application for a temporary licence under section 30; and

   (f)a request to amend a licence under section 31.

   (2)The commissioner may ask an applicant to give the commissioner, within a stated reasonable time, information about the applicant or a relevant person for the applicant that the commissioner reasonably needs to decide the application.

   (3)If the applicant does not comply with a requirement in the request, the commissioner may refuse to consider the application further.

5. Issue of copy of licence

   The commissioner may issue a licensed trader with a copy of the trader’s licence if the commissioner is satisfied the licence—

   (a)is in force; and

   (b)has been lost or destroyed.

6. Surrender of licence

   (1)A licensee may surrender the licensee’s licence to the commissioner before the licence expires by giving the commissioner—

   (a)a written statement that the licensee surrenders the licence; and

   (b)for a physical licence—the licence.

   Note A fee may be determined under s 52 for this provision.

   (2)The licence is cancelled on the day stated by the commissioner after receiving—

   (a)the written statement; and

   (b)for a physical licence—the licence.

   (3)The commissioner must tell the former licensee, in writing, the day on which the licence is cancelled.

7. Surrender of licence during suspension

   (1)This section applies if a licensee’s licence is suspended.

   (2)The licensee must surrender the licensee’s licence to the commission for the period of the suspension.

   NoteIt is an offence not to surrender the licence within 7 days of the licence being suspended (see s 48(2)).

   (3)The commissioner must return the licensee’s licence within 10 business days after the end of the suspension.

8. Cancellation of licence issued by mistake

   (1)This section applies to a licence that was issued by mistake.

   (2)The commissioner may cancel the licence.

   (3)The licence is cancelled on the day stated by the commissioner.

   (4)The commissioner must tell the former licensee, in writing, the day on which the licence is cancelled.

Division 3.4               Licence register

1. Licence register

   (1)The commissioner must keep a register of licences.

   (2)The register may include information about licences given to the commissioner under this Act and any other information the commissioner considers appropriate.

   (3)The register may be kept in any form, including electronically, that the commissioner decides.

   (4)The register may be kept in 1 or more parts, as the commissioner considers appropriate.

   (5)The commissioner must make the following information in the register about a licensee available for public inspection:

   (a)the licensee’s trading name;

   (b)if the licensee is an individual—the individual’s name;

   (c)if the licensee is a partnership—the name of each partner;

   (d)the trader category and class (if any) for which the licensee is licensed;

   (e)if the licensee has an Australian business number (an ABN)—the ABN;

   (f)if the licensee has an Australian company number (an ACN)—the ACN;

   (g)if the licensee is an association—the association’s unique identifying number (if any);

   (h)whether the licensee’s licence is subject to a condition;

   (i)whether the licensee’s licence is suspended;

   (j)the date the licensee’s licence expires;

   (k)information prescribed by regulation.

   NoteThe Commissioner must comply with the Territory privacy principles under the Information Privacy Act 2014.

   Example

   the information may be available on a website

2. Correcting register and keeping it up-to-date

   (1)The commissioner may correct a mistake, error or omission in the register.

   (2)The commissioner may change a detail included in the register to keep the register up-to-date.

Part 4Occupational discipline and other disciplinary action

1. Meaning of licensee—pt 4

   In this part:

   licensee includes a former licensee.

2. Meaning of ground for occupational discipline—pt 4

   (1)For this part, each of the following is a ground for occupational discipline in relation to a licensee:

   (a)the licensee gave information to the commissioner in relation to 1 of the following that was false or misleading in a material particular:

   (i)an application for a licence under section 22;

   (ii)an application to transfer a licence under section 24;

   (iii)an application to renew a licence under section 26;

   (iv)an application for a late renewal of a licence under section 28;

   (v)an application for a temporary licence under section 30;

   (b)the licensee is no longer eligible for the licensee’s licence;

   (c)the licensee, or a relevant person for the licensee, is no longer suitable for the licensee’s licence;

   (d)the licensee has contravened, or is contravening, this Act or an operational Act, whether or not the licensee has been convicted or found guilty of an offence for the contravention;

   (e)the licensee has contravened, or is contravening, a territory law (other than this Act or an operational Act) or a law of the Commonwealth, a State or another Territory, whether or not the licensee has been convicted or found guilty of an offence for the contravention;

   (f)the licensee has contravened, or is contravening, an order of the ACAT in relation to being a trader;

   (g)the licensee has contravened, or is contravening a condition of the licence;

   (h)the licence was obtained by fraud;

   (i)a ground prescribed by regulation.

   (2)A ground for occupational discipline applies to a former licensee if the ground applied to the licensee while licensed.

3. Application to ACAT for occupational discipline

   If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the commissioner may apply to the ACAT for an occupational discipline order in relation to the licensee.

   NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.

4. Considerations before making occupational discipline orders

   (1)This section applies if the ACAT is considering an application for occupational discipline in relation to a licensee.

   (2)Without limiting the matters the ACAT must consider in relation to the licensee, the ACAT must consider the following:

   (a)the degree of responsibility of the licensee for the act or omission that made up the ground for occupational discipline;

   (b)the extent to which it is necessary to discourage the licensee and others from doing something, or not doing something, that made up the disciplinary ground;

   (c)whether, and the extent to which, it is necessary to protect the public from the licensee;

   (d)the desirability of making the licensee responsible for the consequences of the licensee’s actions or omissions;

   (e)the desirability of maintaining public confidence in the regulatory system set up by this Act.

   NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.

5. Information about cancellations etc to be given to corresponding authorities

   (1)This section applies if the ACAT cancels or suspends a licensee’s licence or disqualifies a licensee from applying for a licence.

   (2)The commissioner may give the corresponding authority of each State the following information about the licensee:

   (a)the name and any other identifying details of the licensee;

   (b)a short description of the ground for occupational discipline on which the occupational discipline order was based;

   (c)whether the licence has been cancelled or suspended or the licensee disqualified;

   (d)if the licence has been suspended—the period of suspension;

   (e)if the licensee has been disqualified—the period of disqualification.

   (3)This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to an entity in another jurisdiction.

   (4)In this section:

   corresponding authority, of a State, means the entity responsible in the State for regulation of the trader category or class equivalent to the trader category or class for which the licensee is, or was, licensed.

Part 5Offences

1. Meaning of licensed—pt 5

   For this part, a person is not licensed if the person’s licence is suspended, cancelled or expired.

2. Carrying out licensed activity when not licensed

   (1)A person commits an offence if the person—

   (a)carries out a licensed activity; and

   (b)is not licensed to carry out the licensed activity.

   Maximum penalty:  50 penalty units.

   (2)A person commits an offence if the person—

   (a)carries out a licensed activity at premises; and

   (b)does not hold a licence authorising the person to carry out the licensed activity at the premises.

   Maximum penalty:  50 penalty units.

   (3)This section does not apply to a trader declared by the commissioner under section 21 to be exempt from holding a licence.

3. False or misleading representations

   (1)A person commits an offence if the person—

   (a)represents that the person is licensed to carry out a licensed activity; and

   (b)is not licensed to carry out the licensed activity.

   Maximum penalty:  50 penalty units.

   (2)This section does not apply to a trader declared by the commissioner under section 21 to be exempt from holding a licence.

4. Failure to meet condition of licence

   (1)A person commits an offence if—

   (a)the person is licensed to carry out a licensed activity; and

   (b)the licence is subject to a condition; and

   (c)the person carries out the licensed activity in a way that fails to comply with the condition.

   Maximum penalty:  50 penalty units.

   (2)This section does not apply to a trader declared by the commissioner under section 21 to be exempt from holding a licence.

5. Failure to surrender licence

   (1)A person commits an offence if—

   (a)the person’s licence is cancelled; and

   (b)the person fails to surrender the person’s licence to the commissioner within 7 days of the cancellation.

   Maximum penalty:  20 penalty units.

   (2)A person commits an offence if—

   (a)the person’s licence is suspended; and

   (b)the person fails to surrender the person’s licence to the commissioner within 7 days of the suspension.

   Maximum penalty:  20 penalty units.

   (3)This section does not apply if the person has a reasonable excuse.

Part 6Notification and review of decisions

1. Meaning of reviewable decision—pt 6

   In this part:

   reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

2. Reviewable decision notices

   If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

   Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

   Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

3. Applications for review

   The following may apply to the ACAT for review of a reviewable decision:

   (a)an entity mentioned in schedule 1, column 4 in relation to the decision;

   (b)any other person whose interests are affected by the decision.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 7Miscellaneous

1. Determination of fees

   (1)The Minister may determine fees for this Act.

   NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

2. Regulation-making power

   (1)The Executive may make regulations for this Act.

   (2)A regulation may make provision in relation to the following:

   (a)licences;

   (b)the keeping of a register, including the particulars that must or may be entered in the register;

   (c)the supervision of licensees’ activities.

   (3)A regulation may create offences and fix maximum penalties of not more than 10 penalty units for offences.

   (4)A regulation may adopt an Australian Standard as in force from time to time.

   NoteThe text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

   (5)The Legislation Act, section 47 (6) does not apply to an Australian Standard mentioned in subsection (4).

3. Operation of Act with other rights etc

   (1)This Act does not limit or affect a legal right a person would have had if this Act had not been made.

   (2)A term of an agreement, other than an agreement between a licensee and a corporation, that attempts to do 1 or more of the following is void:

   (a)exclude or limit the operation of this Act;

   (b)prevent a right of action for failure to comply with this Act;

   (c)prevent a defence for failure to comply with this Act.

4. Evidence of licensing

   A document signed by the commissioner stating the period or periods during which an entity was licensed under this Act is evidence of whether the entity was, or was not, licensed on a day or during a period.

Schedule 1Reviewable decisions

(see pt 6)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	20 (2)	imposition of condition	·    applicant for licence ·    licensee
2	21 (1)	exemption from holding licence
3	23 (1) (b)	refuse to issue licence	applicant for licence
4	25 (1) (b)	refuse to approve transfer of licence	·    licensee ·    transferee
5	25 (3)	imposition of condition on transfer	transferee
6	27 (1) (b)	refuse to renew licence	licensee
7	29 (1) (b)	refuse to renew licence	licensee
8	30 (4)	refusal to authorise temporary licence	eligible personal legal representative
9	31 (2)	refuse to amend licence	licensee
10	32 (3)	refuse to further consider application	·    applicant for licence ·    licensee ·    transferee

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACAT

·     Australian Standard (see s 164 (1))

·     commissioner for fair trading

·     Corporations Act

·     entity

·     fail

·     occupational discipline order

·     reviewable decision notice

·     working day.

commissioner means the commissioner for fair trading.

decision-making period means—

(a)60 days; or

(b)if a period is prescribed by regulation for a certain decision—the period prescribed.

executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

ground for occupational discipline, for part 4 (Occupational discipline and other disciplinary action)—see section 40.

influential person, for a corporation, for part 3 (Traders licences)—see section 15.

licensee, for part 4 (Occupational discipline and other disciplinary action)—see section 39.

licensed, for part 5 (Offences)—see section 44.

motor vehicle dealer—see section 9.

motor vehicle repairer—see section 10.

motor vehicle wholesaler—see section 11.

operational Act—see section 6.

pawnbroker—see section 12.

relevant person, for an entity, means—

(a)if the entity is an individual—

(i)the individual; and

(ii)if the individual is also a partner in a partnership—another partner of the partnership; or

(b)if the entity is a partnership—a partner of the partnership; or

(c)if the entity is a corporation—an executive officer of the corporation; or

(d)if the entity is an association—an office bearer for the association.

reviewable decision, for part 6 (Notification and review of decisions)—see section 49.

second-hand dealer—see section 13.

suitable entity, to hold a licence, for part 3 (Traders licences)—see section 18.

trader—see section 7.

trader category—see section 7.

trading address, for part 3 (Traders licences)—see section 15.

trading name, for part 3 (Traders licences)—see section 15.

transferee—see section 24.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Traders (Licensing) Act 2016 A2016-46

   notified LR 22 August 2016
   s 1, s 2 commenced 22 August 2016 (LA s 75 (1))
   remainder commenced 22 August 2017 (s 2 (2))

   as amended by

   Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 13

   notified LR 25 September 2018
   s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
   pt 13 commenced 2 October 2018 (s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Meaning of trader

   s 7am A2018‑33 s 116; pars renum R2 LA

   Meaning of car market operator

   s 8om A2018‑33 s 117

   Repeal and consequential amendments

   pt 8 hdgom LA s 89 (3)

   Repeal of Sale of Motor Vehicles Regulation 1977

   s 56om LA s 89 (3)

   Legislation amended—sch 2

   s 57om LA s 89 (3)

   Transitional

   pt 20 hdgexp 22 August 2019 (s 157)

   Definitions—pt 20

   s 150exp 22 August 2019 (s 157)

   def commencement day exp 22 August 2019 (s 157)

   def operational Act licence am A2018‑33 s 118; pars renum R2 LA

   exp 22 August 2019 (s 157)

   Current trader remains licensed

   s 151exp 22 August 2019 (s 157)

   Applications under operational Act

   s 152exp 22 August 2019 (s 157)

   Application by former licensee

   s 153exp 22 August 2019 (s 157)

   Occupational discipline

   s 154exp 22 August 2019 (s 157)

   Review of decision

   s 155exp 22 August 2019 (s 157)

   Transitional regulations

   s 156exp 22 August 2019 (s 157)

   Expiry—pt 20

   s 157exp 22 August 2019 (s 157)

   Consequential amendments

   sch 2om LA s 89 (3)

   Dictionary

   dictdef car market operator om A2018‑33 s 119

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 22 Aug 2017	22 Aug 2017– 1 Oct 2018	not amended	new Act
R2 2 Oct 2018	2 Oct 2018– 22 Aug 2019	A2018‑33	amendments by A2018‑33

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.