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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 115
Licensing
(Director-General) Repeal Bill 2019
Ms
Fyles
A Bill for an Act to repeal the Licensing (Director-General) Act 2014 and to amend the Associations Act 2003, the Co-operatives (National Uniform Legislation) Act 2015, the Gaming Control Act 1993, the Gaming Machine Act 1995, the Kava Management Act 1998, the Private Security Act 1995, the Racing and Betting Act 1983, the Tobacco Control Act 2002, the Totalisator Licensing and Regulation Act 2000 and various subordinate legislation
NORTHERN TERRITORY OF AUSTRALIA
LICENSING (DIRECTOR-GENERAL) REPEAL ACT 2019
____________________
Act No. [ ] of 2019
____________________
Table of provisions
3B Appointment
of Director of Gaming
Control
5 Delegation
6 Annual report
7 Approved
forms
Part
5B Review of
decisions
68CA Definitions
68CB Notice of delegate decision
68CC Application for review
68CD Effect of application on delegate decision
68CE Director to consider application
68CF Conducting and deciding review
68CG Notice of decision on review
68CH Application
to NTCAT for review of Director's
decision
Division
6 Transitional matters
for Licensing (Director-General) Repeal Act 2019
94 Definitions
95 Applications to be decided by Director
96 Director to complete delegate decision reviews
97 Continuation
of instruments, appointments, documents
etc.
9 Appointment
of Director of Gaming Machines
10 Delegation
11 Annual
report
166A Definitions
166B Notice of delegate decision
166C Application for review
166D Effect of application on delegate decision
166E Director to consider application
166F Conducting and deciding review
166G Notice of decision on review
166H Application
to NTCAT for review of Director's decision
Part
13 Transitional
matters for Licensing (Director-General) Repeal Act 2019
205 Definitions
206 Applications to be decided by Director
207 Director to complete delegate decision reviews
208 Continuation
of instruments, appointments, documents
etc.
Part
1A Administration
8A Appointment of Director of Kava Management
8B Annual report
8C Approved forms
8D Protection
from
liability
78 Definitions
79 Notice of delegate decision
80 Application for review
81 Effect of application on delegate decision
82 Director to consider application
82A Conducting and deciding review
82B Notice of decision on review
82C Application
to NTCAT for review of Director's decision
Part
14 Transitional
matters for Licensing (Director-General) Repeal Act 2019
101 Definitions
102 Applications to be decided by Director
103 Director to complete delegate decision reviews
104 Continuation
of instruments, appointments, documents
etc.
Part
1A Administration
10 Appointment of Director of Private Security Regulation
10A Delegation
10B Annual
report
53E Definitions
53F Notice of delegate decision
53G Application for review
53GA Effect of application on delegate decision
53GB Director to consider application
53GC Conducting and deciding review
53GD Notice of decision on review
53GE Application
to Tribunal for review of Director's
decision
Part
9 Transitional matters
for Licensing (Director-General) Repeal Act 2019
81 Definitions
82 Applications to be decided by Director
83 Director to complete delegate decision reviews
84 Continuation of instruments, appointments, documents etc.
85 Suspension,
cancellation or refusal to
renew
41 Definitions
41A Notice of delegate decision
41B Application for review
41C Effect of application on delegate decision
41D Director to consider application
41E Conducting and deciding review
41F Notice of decision on review
41G Application
to NTCAT for review of Director's
decision
54A Appointment
of Director of Tobacco Control
54B Annual report
54C Approved
forms
Part
11 Transitional
matters for Licensing (Director-General) Repeal Act 2019
69 Definitions
70 Applications to be decided by Director
71 Director to complete delegate decision reviews
72 Continuation
of instruments, appointments, documents
etc.
5 Appointment
of Director of Totalisator Licensing and
Regulation
8 Delegation
8A Annual report
8B Approved
forms
Part
8 Review of
decisions
82 Definitions
83 Notice of delegate decision
84 Application for review
85 Effect of application on delegate decision
86 Director to consider application
87 Conducting and deciding review
88 Notice of decision on review
89 Application
to NTCAT for review of Director's decision
Part
14 Transitional
matters for Licensing (Director-General) Repeal Act 2019
143 Definitions
144 Applications to be decided by Director
145 Director to complete delegate decision reviews
146 Continuation of instruments, appointments, documents etc.
147 Complaints
about licensee to be considered and decided by
Director
Division
4 Transitional matters
for Licensing (Director-General) Repeal Act 2019
169 Definitions
170 Applications to be decided by Director
171 Continuation of instruments, appointments, documents etc.
3 Reviewable decision
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2019
____________________
An Act to repeal the Licensing (Director-General) Act 2014 and to amend the Associations Act 2003, the Co-operatives (National Uniform Legislation) Act 2015, the Gaming Control Act 1993, the Gaming Machine Act 1995, the Kava Management Act 1998, the Private Security Act 1995, the Racing and Betting Act 1983, the Tobacco Control Act 2002, the Totalisator Licensing and Regulation Act 2000 and various subordinate legislation
[Assented to [ ] 2019]
[Introduced [ ] 2019]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Licensing (Director-General) Repeal Act 2019.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part 2 Repeal
of Licensing (Director-General)
Act 2014
3 Act
repealed
This Licensing (Director-General) Act 2014 (Act No. 43 of 2014) is repealed.
Part
3 Amendment of Gaming Control Act
1993
4 Act
amended
This Part amends the Gaming Control Act 1993.
5 Section 3 amended (Definitions)
(1) Section 3, definition Director-General
omit
(2) Section 3
insert
delegate decision, see section 68CA.
Director means the Director of Gaming Control appointed under section 3B.
reviewable decision, see section 68CA.
(3) Section 3, definition affected person
omit
68CB
insert
68CA
(4) Section 3, definition approved
omit
Director-General
insert
Director
Before section 4, in Part 2
insert
3B Appointment of Director of Gaming Control
The Minister must, in writing, appoint a person to be the Director of Gaming Control.
(1) Section 4, heading
omit, insert
4 Functions of Director
(2) Section 4(1), (3), (4), (6), (7), (8) and (9)
omit (all references)
Director-General
insert
Director
After section 4
insert
The Director may delegate any of the Director's powers or functions under this Act, other than a power under Part 5B, to a public sector employee.
(1) The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of this Act during that year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
The Director may approve forms for this Act.
9 Section 14 amended (Regulatory principles)
Section 14
omit
Director-General
insert
Director
10 Section 15 amended (Gaming inspectors)
Section 15(1), (3), (4) and (7)
omit (all references)
Director-General
insert
Director
Part 5B
repeal, insert
In this Part:
affected person, for a reviewable decision, means a person to whom any of the following applies:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
delegate decision means a reviewable decision that is made by a delegate of the Director.
reviewable decision means a decision prescribed by regulation.
68CB Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate of the Director must give written notice of the decision to each affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision under section 68CC;
(c) the period allowed for applying for a review.
(1) An affected person for a delegate decision may apply to the Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is given to the affected person; or
(b) by any later date allowed by the Director.
(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on to establish the grounds.
68CD Effect of application on delegate decision
(1) The making of the application does not stay the operation of the delegate decision.
(2) Despite subsection (1), the Director may stay the operation of the delegate decision pending completion of the review.
68CE Director to consider application
(1) On receipt of the application, the Director must review the delegate decision.
(2) Despite subsection (1), if satisfied the application is frivolous or vexatious, the Director may reject the application without reviewing the delegate decision.
68CF Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director; and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
68CG Notice of decision on review
(1) As soon as practicable after making a decision under section 68CF, the Director must give written notice of the decision to the following persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a review of, or to appeal, the Director's decision.
68CH Application to NTCAT for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable decision may apply to NTCAT for review of the decision.
(2) An affected person may only apply to NTCAT once the person has exhausted any other available avenue of review under this Division.
Note for section 68CH
A delegate decision must be reviewed by the Director under this Division before an application is made to NTCAT.
(1) Section 79, heading
omit
of inspector , &c.
insert
from liability
(2) Section 79(1), after "against"
insert
the Director,
13 Part 7, Division 6 inserted
After section 93
insert
Division 6 Transitional matters for Licensing (Director-General) Repeal Act 2019
In this Part:
commencement means the commencement of section 3 of the Licensing (Director-General) Repeal Act 2019.
Director-General means the Director-General of Licensing appointed under the repealed Act before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
95 Applications to be decided by Director
If an application is made to the Director-General for a decision to be made under this Act but the decision is not made before the commencement, the application must be decided by the Director as if it was made to the Director.
96 Director to complete delegate decision reviews
If an application is made to the Director-General for a review under Part 3 of the repealed Act of a delegate decision made under this Act, but the review is not completed before the commencement, the review must be conducted by the Director as if the application was made to the Director.
97 Continuation of instruments, appointments, documents etc.
(1) A statutory instrument or other instrument, an appointment, an approved form or any other document made or issued by the Director-General under this Act or the repealed Act before the commencement continues in force and is taken after the commencement to have been made or issued by the Director.
(2) Without limiting subsection (1), a delegation by the Director-General under this Act or the repealed Act in force immediately before the commencement is taken after the commencement to be a delegation by the Director and continues in force until amended or revoked under this Act.
Schedule 1 has effect.
Part
4 Amendment of Gaming Machine Act
1995
15 Act
amended
This Part amends the Gaming Machine Act 1995.
16 Section 3 amended (Definitions)
(1) Section 3, definition Director-General
omit
(2) Section 3
insert
delegate decision, see section 166A.
Director means the Director of Gaming Machines appointed under section 9.
reviewable decision, see section 166A.
(3) Section 3, definition affected person
omit
166B
insert
166A
(4) Section 3, definition seal
omit
Director-General
insert
Director
Before section 17, in Part 2
insert
9 Appointment of Director of Gaming Machines
The Minister must, in writing, appoint a person to be the Director of Gaming Machines.
The Director may delegate any of the Director's powers or functions under this Act, other than a power under Part 9A, Division 2, to a public sector employee.
(1) The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of this Act during that year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
12 Approved forms
The Director may approve forms for this Act.
(1) Section 17, heading
omit
Director-General
insert
Director
(2) Section 17(1), (2) and (3)
omit (all references)
Director-General
insert
Director
(3) Section 17(2) and (3)
omit
Director-General's
insert
Director's
19 Section 20 amended (Inspectors)
Section 20(1), (3), (4) and (7)
omit (all references)
Director-General
insert
Director
20 Section 21 amended (Authorised persons)
Section 21(1), (3)(a), (4) and (5)
omit (all references)
Director-General
insert
Director
(1) Section 22A, heading
omit
Director-General
insert
Director
(2) Section 22A(1), (3), (4), (6) and (7)
omit (all references)
Director-General
insert
Director
22 Sections 166A to 166D replaced
Sections 166A to 166D
repeal, insert
In this Part:
affected person, for a reviewable decision, means a person to whom any of the following applies:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
delegate decision means a reviewable decision that is made by a delegate of the Director.
reviewable decision means a decision specified in the Schedule.
166B Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate of the Director must give written notice of the decision to each affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision under section 166C;
(c) the period allowed for applying for a review.
(1) An affected person for a delegate decision may apply to the Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is given to the affected person; or
(b) by any later date allowed by the Director.
(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on to establish the grounds.
166D Effect of application on delegate decision
(1) The making of the application does not stay the operation of the delegate decision.
(2) Despite subsection (1), the Director may stay the operation of the delegate decision pending completion of the review.
166E Director to consider application
(1) On receipt of the application, the Director must review the delegate decision.
(2) Despite subsection (1), if satisfied the application is frivolous or vexatious, the Director may reject the application without reviewing the delegate decision.
166F Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director; and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
166G Notice of decision on review
(1) As soon as practicable after making a decision under section 166F, the Director must give written notice of the decision to the following persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a review of, or to appeal, the Director's decision.
166H Application to NTCAT for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable decision may apply to NTCAT for review of the decision.
(2) An affected person may only apply to NTCAT once the person has exhausted any other available avenue of review under this Division.
Note for section 166H
A delegate decision must be reviewed by the Director under this Division before an application is made to NTCAT.
23 Section 184 amended (Protection from liability)
After section 184(1)(a)
insert
(b) the Director;
After section 204
insert
Part 13 Transitional matters for Licensing (Director-General) Repeal Act 2019
In this Part:
commencement means the commencement of section 3 of the Licensing (Director-General) Repeal Act 2019.
Director-General means the Director-General of Licensing appointed under the repealed Act before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
206 Applications to be decided by Director
If an application is made to the Director-General for a decision to be made under this Act but the decision is not made before the commencement, the application must be decided by the Director as if it was made to the Director.
207 Director to complete delegate decision reviews
If an application is made to the Director-General for a review under Part 3 of the repealed Act of a delegate decision made under this Act, but the review is not completed before the commencement, the review must be conducted by the Director as if the application was made to the Director.
208 Continuation of instruments, appointments, documents etc.
(1) A statutory instrument or other instrument, an appointment, an approved form or any other document made or issued by the Director-General under this Act or the repealed Act before the commencement continues in force and is taken after the commencement to have been made or issued by the Director.
(2) Without limiting subsection (1), a delegation by the Director-General under this Act or the repealed Act in force immediately before the commencement is taken after the commencement to be a delegation by the Director and continues in force until amended or revoked under this Act.
25 Schedule amended (Reviewable decisions)
Schedule
omit
sections 166A and 166D
insert
section 166A
Schedule 2 has effect.
Part
5 Amendment of Kava Management Act
1998
27 Act
amended
This Part amends the Kava Management Act 1998.
28 Section 3 amended (Interpretation)
(1) Section 3(1), definition Director-General
omit
(2) Section 3(1)
insert
delegate decision, see section 78.
Director means the Director of Kava Management appointed under section 8A.
reviewable decision, see section 78.
(3) Section 3(1), definition affected person
omit
79
insert
78
(4) Section 3(1), at the end
insert
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
29 Section 7 amended (Delegation)
(1) Section 7, before "The"
insert
(1)
(2) Section 7(a)
omit, insert
(a) the Director; or
(3) Section 7, at the end
insert
(2) The Director may delegate any of the Director's powers or functions under this Act, other than a power under Part 10, to a public sector employee.
30 Section 8 amended (Guidelines)
Section 8(1) and (2)
omit
Director-General
insert
Director
After section 8
insert
8A Appointment of Director of Kava Management
The Minister must, in writing, appoint a person to be the Director of Kava Management.
(1) The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of this Act during that year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
The Director may approve forms for this Act.
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act as the Director or a delegate of the Director.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
32 Part 6, Division 1 heading replaced
Part 6, Division 1, heading
omit, insert
Division 1 Director
Sections 78 to 81
repeal, insert
In this Part:
affected person, for a reviewable decision, means a person to whom any of the following applies:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
delegate decision means a reviewable decision that is made by a delegate of the Director.
reviewable decision means a decision specified in Schedule 2.
79 Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate of the Director must give written notice of the decision to each affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision under section 80;
(c) the period allowed for applying for a review.
(1) An affected person for a delegate decision may apply to the Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is given to the affected person; or
(b) by any later date allowed by the Director.
(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on to establish the grounds.
81 Effect of application on delegate decision
(1) The making of the application does not stay the operation of the delegate decision.
(2) Despite subsection (1), the Director may stay the operation of the delegate decision pending completion of the review.
82 Director to consider application
(1) On receipt of the application, the Director must review the delegate decision.
(2) Despite subsection (1), if satisfied the application is frivolous or vexatious, the Director may reject the application without reviewing the delegate decision.
82A Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director; and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
82B Notice of decision on review
(1) As soon as practicable after making a decision under section 82A, the Director must give written notice of the decision to the following persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a review of, or to appeal, the Director's decision.
82C Application to NTCAT for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable decision may apply to NTCAT for review of the decision.
(2) An affected person may only apply to NTCAT once the person has exhausted any other available avenue of review under this Division.
Note for section 82C
A delegate decision must be reviewed by the Director under this Division before an application is made to NTCAT.
After section 100
insert
Part 14 Transitional matters for Licensing (Director-General) Repeal Act 2019
In this Part:
commencement means the commencement of section 3 of the Licensing (Director-General) Repeal Act 2019.
Director-General means the Director-General of Licensing appointed under the repealed Act before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
102 Applications to be decided by Director
If an application is made to the Director-General for a decision to be made under this Act but the decision is not made before the commencement, the application must be decided by the Director as if it was made to the Director.
103 Director to complete delegate decision reviews
If an application is made to the Director-General for a review under Part 3 of the repealed Act of a delegate decision made under this Act, but the review is not completed before the commencement, the review must be conducted by the Director as if the application was made to the Director.
104 Continuation of instruments, appointments, documents etc.
(1) A statutory instrument or other instrument, an appointment, an approved form or any other document made or issued by the Director-General under this Act or the repealed Act before the commencement continues in force and is taken after the commencement to have been made or issued by the Director.
(2) Without limiting subsection (1), a delegation by the Director-General under this Act or the repealed Act in force immediately before the commencement is taken after the commencement to be a delegation by the Director and continues in force until amended or revoked under this Act.
35 Schedule 2 amended (Reviewable decisions)
Schedule 2
omit
sections 78 and 81
insert
section 78
Schedule 3 has effect.
Part
6 Amendment of Private Security Act
1995
37 Act
amended
This Part amends the Private Security Act 1995.
38 Section 3 amended (Definitions)
(1) Section 3, definition Director-General
omit
(2) Section 3
insert
delegate decision, see section 53E.
Director means the Director of Private Security Regulation appointed under section 10.
reviewable decision, see section 53E.
(3) Section 3, definition decision notice, paragraph (b)
omit
or the Licensing (Director-General) Act 2014
(4) Section 3, definition affected person
omit
53F
insert
53E
(5) Section 3, at the end
insert
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
39 Section 8 amended (Act may be declared to apply to certain persons)
Section 8(1) and (3)(a)
omit
Director-General
insert
Director
After section 9
insert
10 Appointment of Director of Private Security Regulation
The Minister must, in writing, appoint a person to be the Director of Private Security Regulation.
The Director may delegate any of the Director's powers or functions under this Act, other than a power under Part 6B, to a public sector employee.
(1) The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of this Act during that year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
(1) Section 11, heading
omit
Director-General
insert
Director
(2) Section 11(1), (2) and (3)
omit
Director-General shall
insert
Director must
(3) Section 11(1), (4) and (5)
omit
Director-General
insert
Director
(4) Section 11(4)(b)
omit
or the Licensing (Director-General) Act 2014
42 Sections 53E to 53G replaced
Sections 53E to 53G
repeal, insert
In this Part:
affected person, for a reviewable decision, see the Schedule.
delegate decision means a reviewable decision that is made by a delegate of the Director.
reviewable decision, see the Schedule.
53F Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate of the Director must give written notice of the decision to each affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision under section 53G;
(c) the period allowed for applying for a review.
(1) An affected person for a delegate decision may apply to the Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is given to the affected person; or
(b) by any later date allowed by the Director.
(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on to establish the grounds.
53GA Effect of application on delegate decision
(1) The making of the application does not stay the operation of the delegate decision.
(2) Despite subsection (1), the Director may stay the operation of the delegate decision pending completion of the review.
53GB Director to consider application
(1) On receipt of the application, the Director must review the delegate decision.
(2) Despite subsection (1), if satisfied the application is frivolous or vexatious, the Director may reject the application without reviewing the delegate decision.
53GC Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director; and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
53GD Notice of decision on review
(1) As soon as practicable after making a decision under section 53GC, the Director must give written notice of the decision to the following persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a review of, or to appeal, the Director's decision.
53GE Application to Tribunal for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable decision may apply to the Tribunal for review of the decision.
(2) An affected person may only apply to the Tribunal once the person has exhausted any other available avenue of review under this Division.
(3) Subsection (2) does not apply to:
(a) a decision under section 18 to refuse to grant a licence on the ground that the applicant is not an appropriate person to hold the licence under section 15(7); or
(b) a decision prescribed by regulation.
(4) For subsection (3)(b), a regulation may not prescribe a decision specified in the Schedule.
43 Section 53H amended (Licence refused because of disqualifying offence)
Section 53H(1)(c) and (4)
omit (all references)
Director-General
insert
Director
44 Section 53J repealed (Delegate decisions)
Section 53J
repeal
45 Section 59 amended (Protection of liability)
Before section 59(1)(b)
insert
(a) the Director; or
46 Section 61 amended (Approved forms)
Section 61
omit
Director-General
insert
Director
After section 80
insert
Part 9 Transitional matters for Licensing (Director-General) Repeal Act 2019
In this Part:
commencement means the commencement of section 3 of the Licensing (Director-General) Repeal Act 2019.
Director-General means the Director-General of Licensing appointed under the Licensing (Director-General) Act 2014 before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
82 Applications to be decided by Director
If an application is made to the Director-General for a decision to be made under this Act but the decision is not made before the commencement, the application must be decided by the Director as if it was made to the Director.
83 Director to complete delegate decision reviews
If an application is made to the Director-General for a review under Part 3 of the repealed Act of a delegate decision made under this Act, but the review is not completed before the commencement, the review must be conducted by the Director as if the application was made to the Director.
84 Continuation of instruments, appointments, documents etc.
(1) A statutory instrument or other instrument, an appointment, an approved form or any other document made or issued by the Director-General under this Act or the repealed Act before the commencement continues in force and is taken after the commencement to have been made or issued by the Director.
(2) Without limiting subsection (1), a delegation by the Director-General under this Act or the repealed Act in force immediately before the commencement is taken after the commencement to be a delegation by the Director and continues in force until amended or revoked under this Act.
85 Suspension, cancellation or refusal to renew
If the Director-General gives a licensee a show cause notice under section 27 before the commencement, the Director may take any other action or make any decision under that section after the commencement as if the Director had given the notice.
48 Schedule amended (Reviewable decisions and affected persons)
Schedule
omit
sections 53E, 53F(1) and 53J
insert
section 53E
Schedule 4 has effect.
Part
7 Amendment of Tobacco Control Act
2002
50 Act
amended
This Part amends the Tobacco Control Act 2002.
51 Section 5 amended (Definitions)
(1) Section 5, definition Director-General
omit
(2) Section 5
insert
approved form means a form approved under section 54C.
delegate decision, see section 41.
Director means the Director of Tobacco Control appointed under section 54A.
reviewable decision, see section 41.
(3) Section 5, definition affected person
omit
41A
insert
41
52 Sections 41 to 41C replaced
Sections 41 to 41C
repeal, insert
In this Part:
affected person, for a reviewable decision, means a person to whom any of the following applies:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
delegate decision means a reviewable decision that is made by a delegate of the Director.
reviewable decision means a decision specified in the Schedule.
41A Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate of the Director must give written notice of the decision to each affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision under section 41B;
(c) the period allowed for applying for a review.
(1) An affected person for a delegate decision may apply to the Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is given to the affected person; or
(b) by any later date allowed by the Director.
(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on to establish the grounds.
41C Effect of application on delegate decision
(1) The making of the application does not stay the operation of the delegate decision.
(2) Despite subsection (1), the Director may stay the operation of the delegate decision pending completion of the review.
41D Director to consider application
(1) On receipt of the application, the Director must review the delegate decision.
(2) Despite subsection (1), if satisfied the application is frivolous or vexatious, the Director may reject the application without reviewing the delegate decision.
41E Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director; and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
41F Notice of decision on review
(1) As soon as practicable after making a decision under section 41E, the Director must give written notice of the decision to the following persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a review of, or to appeal, the Director's decision.
41G Application to NTCAT for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable decision may apply to NTCAT for review of the decision.
(2) An affected person may only apply to NTCAT once the person has exhausted any other available avenue of review under this Division.
Note for section 41G
A delegate decision must be reviewed by the Director under this Division before an application is made to NTCAT.
53 Section 53 amended (Wholesalers to provide information about retailers)
Section 53(1)
omit (all references)
Director-General
insert
Director
54 Section 54 amended (Misleading information)
Section 54(5), definition relevant officer
omit
Director-General
insert
Director
55 Sections 54A to 54C inserted
After section 54
insert
54A Appointment of Director of Tobacco Control
The Minister must, in writing, appoint a person to be the Director of Tobacco Control.
(1) The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of Director's powers and functions under this Act during that year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
The Director may approve forms for this Act.
(1) Section 55, heading
omit
Director-General
insert
Director
(2) Section 55(1) and (2)
omit (all references)
Director-General
insert
Director
57 Section 56 amended (Legal immunity)
Section 56(1)(b)
omit, insert
(b) the Director; or
After section 68
insert
Part 11 Transitional matters for Licensing (Director-General) Repeal Act 2019
In this Part:
commencement means the commencement of section 3 of the Licensing (Director-General) Repeal Act 2019.
Director-General means the Director-General of Licensing appointed under the repealed Act before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
70 Applications to be decided by Director
If an application is made to the Director-General for a decision to be made under this Act but the decision is not made before the commencement, the application must be decided by the Director as if it was made to the Director.
71 Director to complete delegate decision reviews
If an application is made to the Director-General for a review under Part 3 of the repealed Act of a delegate decision made under this Act, but the review is not completed before the commencement, the review must be conducted by the Director as if the application was made to the Director.
72 Continuation of instruments, appointments, documents etc.
(1) A statutory instrument or other instrument, an appointment, an approved form or any other document made or issued by the Director-General under this Act or the repealed Act before the commencement continues in force and is taken after the commencement to have been made or issued by the Director.
(2) Without limiting subsection (1), a delegation by the Director-General under this Act or the repealed Act in force immediately before the commencement is taken after the commencement to be a delegation by the Director and continues in force until amended or revoked under this Act.
59 Schedule amended (Reviewable decisions)
Schedule
omit
sections 41 and 41C
insert
section 41
Schedule 5 has effect.
Part
8 Amendment of Totalisator Licensing and Regulation Act
2000
61 Act
amended
This Part amends the Totalisator Licensing and Regulation Act 2000.
62 Section 3 amended (Interpretation)
(1) Section 3(1), definition Director-General
omit
(2) Section 3(1)
insert
approved form means a form approved under section 8B.
delegate decision, see section 82.
Director means the Director of Totalisator Licensing and Regulation appointed under section 5.
reviewable decision, see section 82.
(3) Section 3(1), definition affected person
omit
83
insert
82
(4) Section 3(1), definition decision notice, paragraph (b)
omit
or the Licensing (Director-General) Act 2014
(5) Section 3(1), at the end
insert
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
Before section 6, in Part 2
insert
5 Appointment of Director of Totalisator Licensing and Regulation
The Minister must, in writing, appoint a person to be the Director of Totalisator Licensing and Regulation.
(1) Section 6, heading
omit
Director-General
insert
Director
(2) Section 6
omit
Director-General
insert
Director
(1) Section 7, heading
omit
Director-General
insert
Director
(2) Section 7(1), (2), (3) and (4)
omit (all references)
Director-General
insert
Director
Section 8
repeal, insert
The Director may delegate any of the Director's powers or functions under this Act, other than the following, to a public sector employee:
(a) grant a licence;
(b) make Rules;
(c) a power under Part 8, Division 2.
(1) The Director must, within 3 months after the end of each financial year, give the Minister a report on the operation of this Act during that year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
The Director may approve forms for this Act.
67 Section 10 amended (Disclosure of interest)
Section 10(1) and (4)
omit (all references)
Director-General
insert
Director
68 Section 12 amended (Determination of events, sports and activities)
Section 12(1), (2) and (3)
omit
Director-General
insert
Director
(1) Section 75, heading
omit
Director-General
insert
Director
(2) Section 75(1) and (2)
omit (all references)
Director-General
insert
Director
(3) Section 75(3)(b)
omit
Part 3 of the Licensing (Director-General) Act 2014
insert
Part 8, Division 3
Part 8
repeal, insert
In this Part:
affected person, for a reviewable decision, means a person to whom any of the following any of the following applies:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made;
(d) the person is otherwise declared by or under this Act to be an affected person.
delegate decision means a reviewable decision that is made by a delegate of the Director, other than a decision prescribed by Regulation.
reviewable decision means a decision of the Director under this Act, other than a decision to grant or refuse to grant a licence.
83 Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate of the Director must give written notice of the decision to each affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision under section 84;
(c) the period allowed for applying for a review.
(1) An affected person for a delegate decision may apply to the Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is given to the affected person; or
(b) by any later date allowed by the Director.
(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on to establish the grounds.
85 Effect of application on delegate decision
(1) The making of the application does not stay the operation of the delegate decision.
(2) Despite subsection (1), the Director may stay the operation of the delegate decision pending completion of the review.
86 Director to consider application
(1) On receipt of the application, the Director must review the delegate decision.
(2) Despite subsection (1), if satisfied the application is frivolous or vexatious, the Director may reject the application without reviewing the delegate decision.
87 Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director; and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
88 Notice of decision on review
(1) As soon as practicable after making a decision under section 87, the Director must give written notice of the decision to the following persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a review of, or to appeal, the Director's decision.
89 Application to NTCAT for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable decision may apply to NTCAT for review of the decision.
(2) An affected person may only apply to NTCAT once the person has exhausted any other available avenue of review under this Division.
Note for section 89
A delegate decision must be reviewed by the Director under this Division before an application is made to NTCAT.
71 Section 124 amended (Limitation of legal liability)
After section 124(1)(e)
insert
(ea) doing or omitting to do an act or thing by a person in the person's capacity as the Director in the exercise or purported exercise of a power or the performance or purported performance of a function under this Act of the Director;
72 Section 126 amended (Duplicate licence)
Section 126(1) and (2)(a)
omit (all references)
Director-General
insert
Director
73 Section 127 amended (Regulations)
Section 127(2)(b) and (3)(a) and (b)
omit
Director-General
insert
Director
After section 142
insert
Part 14 Transitional matters for Licensing (Director-General) Repeal Act 2019
In this Part:
commencement means the commencement of section 3 of the Licensing (Director-General) Repeal Act 2019.
Director-General means the Director-General of Licensing appointed under the repealed Act before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
144 Applications to be decided by Director
If an application is made to the Director-General for a decision to be made under this Act but the decision is not made before the commencement, the application must be decided by the Director as if it was made to the Director.
145 Director to complete delegate decision reviews
If an application is made to the Director-General for a review under Part 3 of the repealed Act of a delegate decision made under this Act, but the review is not completed before the commencement, the review must be conducted by the Director as if the application was made to the Director.
146 Continuation of instruments, appointments, documents etc.
(1) A statutory instrument or other instrument, an appointment, an approved form or any other document made or issued by the Director-General under this Act or the repealed Act before the commencement continues in force and is taken after the commencement to have been made or issued by the Director.
(2) Without limiting subsection (1), a delegation by the Director-General under this Act or the repealed Act in force immediately before the commencement is taken after the commencement to be a delegation by the Director and continues in force until amended or revoked under this Act.
147 Complaints about licensee to be considered and decided by Director
If the Director-General receives a complaint under section 69 that is not considered and decided under section 70 before the commencement, the complaint must be considered and decided under section 70 as if it was made to the Director.
Schedule 6 has effect.
Part 9 Amendment of other Acts
Division
1 Amendment of Associations Act
2003
76 Act
amended
This Division amends the Associations Act 2003.
77 Section 6 amended (Secrecy)
Section 6(3)(c)(vi)
omit, insert
(vi) the Liquor Commission established by section 5 of the Liquor Commission Act 2018; or
Division
2 Amendment of Co-operatives (National Uniform Legislation)
Act 2015
78 Act
amended
This Division amends the Co-operatives (National Uniform Legislation) Act 2015.
79 Section 8 amended (Meaning of generic terms)
Section 8, definition Registrar
omit, insert
Registrar means the Commissioner as defined in section 4(1) of the Consumer Affairs and Fair Trading Act 1990.
Division
3 Amendment of Racing and Betting Act
1983
80 Act
amended
This Division amends the Racing and Betting Act 1983.
81 Section 89A amended (Licensing under this Part of person holding licence under Totalisator Licensing and Regulation Act 2000)
(1) Section 89A(4)(a), (b) and (c)(i), (5), (6), (7) and (8)(a)
omit (all references)
Director-General
insert
Director
(2) Section 89A(9), definition Director-General
omit, insert
Director means the Director of Totalisator Licensing and Regulation appointed under section 5 of the Totalisator Licensing and Regulation Act 2000.
82 Part X, Division 4 inserted
After section 168
insert
Division 4 Transitional matters for Licensing (Director-General) Repeal Act 2019
In this Part:
commencement means the commencement of section 3 of the Licensing (Director-General) Repeal Act 2019.
Director-General means the Director-General of Licensing appointed under the Licensing (Director-General) Act 2014 before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
170 Applications to be decided by Director
If an application is made to the Director-General for a decision to be made under this Act but the decision is not made before the commencement, the application must be decided by the Director as if it was made to the Director.
171 Continuation of instruments, appointments, documents etc.
An instrument, an appointment, an approved form or any other document made or issued by the Director-General under this Act or the repealed Act before the commencement continues in force and is taken after the commencement to have been made or issued by the Director.
Part 10 Amendment of subordinate legislation
Division
1 Amendment of Gaming Control (Gaming Machines) Regulations
1995
83 Regulations
amended
This Division amends the Gaming Control (Gaming Machines) Regulations 1995.
84 Regulation 7 repealed (Gaming machine turnover levy)
Regulation 7
repeal
Division
2 Amendment of Gaming Control (Reviewable Decisions) Regulations
2014
85 Regulations
amended
This Division amends the Gaming Control (Reviewable Decisions) Regulations 2014.
86 Regulations 3 and 4 replaced
Regulations 3 and 4
repeal, insert
For section 68CA of the Act, definition reviewable decision, a decision specified in the Schedule is a reviewable decision.
Division
3 Other subordinate legislation
amended
87 Other
subordinate legislation amended
Schedule 7 amends the subordinate legislation mentioned in it.
Part 11 Repeal
of
Act
88 Repeal
of Act
This Act is repealed on the day after it commences.
Schedule 1 Gaming Control Act 1993 further amended
section 14
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
sections 20(2)(d), 26(2), 27(3)(b), 31(1), (2), (3)
and (4), 33(6) and (7), 35(1), (3) and (4), 35A(1) and (4), 40(3), (4), (8) and
(9), 46F(2)(d), 46P(1), (2), (3) and (4), 46Q(1) and (2), 47F(2)(d), 47P(1),
(2), (3), (4), (7) and (8), 47Q(1) and (2), 48, 49(2), 51(1) and (2),
53(2)(b)(ii), 68(4), 68A(1), 68B(1), (2), (5) and (6), 68C(1)(a), (aa), and (b),
(3)(a), (4) and (5), 76, 78(1) and 80(2)(n)
|
Director-General
(all references) |
Director
|
|
sections 27(3)(b) and 68B(2) and (6)
|
Director-General's
|
Director's
|
|
sections 31, 35, 46P, 46Q, 47P, 47Q, 51 and 68B,
headings
|
Director-General
|
Director
|
|
section 77(1)
|
Chairperson or the Director-General
|
Director
|
Schedule 2 Gaming Machine Act 1995 further amended
section 26
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
sections 22C, 24(3)(a), (b), (f)(i), (n) and (p),
24A(1)(a) and (b) and (2)(d), (e) and (f), 25(1), (3), (3A), (4), (5), (6), (7),
(8A), (9), (10), (11), (12), (13) and (15), 26, 27(1) and (2), 28(1) and (2),
29(1), (2)(ba), (3) and (5), 31(1), 33(1)(b), 34(1), (2), (4) and (5), 35(1),
36(2), 37B, 37C(1)(a) and (b), 38(1)(f) and (2), 38A(1)(a) and (b) and (2),
38B(1) and (2), 38C(1) and (2), 39, 39A(1), (2) and (3), 39B(1) and (3), 40A(1)
and (2), 41(2)(a), (ca), (d) and (e), (3), (4), (5), (6), (7) and (9), 41A(1)(b)
and (c) and (2), 41B(1)(a) and (b) and (2)(d), (e) and (f), 42(1), (1A), (2),
(3), (4), (4A), (5) and (6)(a) and (b), 42B(2)(a), 42C(1)(g) and (2), 42D(1) and
(2), 42E(1) and (2), 42F(1) and (2), 42G(1), 42H(1), (2) and (3), 42J(1) and
(2), 43(1), (4), (6), (8), (9) and (11), 44(1), (2) and (4), 45(1), (2) and (3),
46, 47(1), (1A), (3), (4), (5), (6) and (7), 49(1)(b)(vi) and (c), (2), (4),
(6), (7), (8), (9), (10), (11), (13), (15) and (16), 50(1) and (2), 51(b),
53(2), 54(1) and (2), 55(2), 56(1) and (2), 59(1), (2) and (6)(d), 59A(1), (2),
(3), (4), (7) and (8), 60(4) and (6), 61(1), (2), (4) and (6), 62(1)(a), (b),
(d), (g) and (h) and (2), 63(1) and (2), 64(1), (1A), (2) and (3), 65(1), (2)
and (3), 66, 67(1), 69(b), 70(1), (2), (4) and (5), 71(1), (2)(a), (b) and (d),
(3), (5), (5A) and (6), 73, 74(1), (2), (4) and (5)(a), 75(1), (2) and (3), 76,
77(2), (3), (4), (5), (6), (7), (9) and (10)(a), 78(1), (3), (4), (5), (7) and
(8)(a) and (b), 79(1)(b)(vi) and (c), (2), (3), (5), (6), (7), (8), (9), (10),
(11), (13), (14), (15) and (16), 80(1) and (2), 81(b), 82(1), (2), (3), (5) and
(6), 82A(1), (2) and (4), 83(2), 85(4), 87(1)(a), 89(1) and (2), 96(3)(b) and
(4)(b), 98(1) and (2), 99(n), 100(1), 101(2), 102, 116(1), (2), (3)(b) and (4),
117(1), (2), (3)(b) and (4), 118(1), (2) and (3), 119(1) and (2), 120(3A),
121(1)(b)(i), (2), (3)(a) and (d) and (4), 122(2)(a) and (d), 123(d)(i) and
(ii), 125(4)(a) and (b), 126(3)(a) and (b), (4) and (5), 127(1), 128, 129(1),
(3), (3A), (3B), (5), (6) and (7), 131(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10) and (11)(b), 132(1), 133, 134(1), (2)(a), (b) and (d), (4), (6), (9),
(10) and (11), 135(1), (2), (3), (4), (6), (7) and (8), 136(2) and (3)(b), 136A,
137(1)(c) and (2)(c), 138(2)(a) and (b), (3), (4) and (5)(a) and (b), 141(2) and
(3), 142(2), 143(1) and (2), 144(1) and (2)(a), 146(1)(d)(ii) and (3), 148(1)
and (2)(a) and (b), 149(1), 149A(1), (5) and (6), 150(1), 152(1), (2) and (3),
153(1), 154, 155(1) and (2), 156(1) and (3), 157(2), 158(1)(b) and (c) and
(2)(a) and (b), 161(1), 161A, 162(1)(m), 164, 165(1), (2), (3), (4), (7), (8)
and (11), 166(1), 168(1) and (2), 169(b), 170(4) and (5), 171(1) and (2), 172(1)
and (2), 174(1)(c), (2)(c), (3)(c) and (d) and (5), 175(1) and (2), 186,
189(1)(b), 191, 192(1) and (2) and 194(4)(h), (i) and (n) and (5)(a) and
(b)
|
Director-General
(all references) |
Director
|
|
sections 25(4), 42(1A) and (4)(a)(ii), 60(7),
65(2)(a), 131(7)(b) and (8), 149A(4), 156(2) and 194(2)(s)
|
Director-General's
|
Director's
|
|
sections 39A and 42H, note
|
Director-General
Director-General's
|
Director
Director's
|
|
sections 40A, 131, 136A, 155 and 161A,
heading
|
Director-General
|
Director
|
Schedule 3 Kava Management Act 1998 further amended
section 36
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
sections 11(3) and (4), 28(2)(c), 28A(1), (2) and
(3), 28B, 30(1) and (3), 31(2), 37(1), 46, 47, 49(1) and (3), 50(2), 51(2)(a),
52(1), 58A(2), 58C(2), (3), (3A) and (4), 58D(2), (3), (4), (4B) and (5), 59(1),
59A(1)(a) and (b), (2) and (3), 60(1) and (3)(a) and (b), 61(1)(a) and (b),
(2)(d) and (e) and (3), 62(2)(c) and (3), 63(1), (2), (3) and (4), 64(1), (2),
(3), (4), (5) and (6), 65(1A), (2)(a) and (b)(i) and (ii), (3), (3AA), (3A) and
(6), 67, 68(b), 71(1), (2) and (3), 72(1), (2)(a), (3) and (5)(b), 73(1), (3),
(4) and (5), 75, 76(1) and (4), 77(2) and (3), 83, 83A, 85(1A) and 89(2)(f) and
(5)(a) and (b)
|
Director-General
(all references) |
Director
|
|
sections 28A, 28B, 46, 64, 67 and 75,
heading
|
Director-General
|
Director
|
|
section 68, note
|
whole note
|
|
|
section 72(1)
|
Director-General's
|
Director's
|
Schedule 4 Private Security Act 1995 further amended
section 49
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
sections 14(1), (3), (4) and (5), 15(3)(b), (4)(b)
and (c), (5), (6) and (8), 16(1), (2) and (3), 17(3), 18(2), (3), (5), (6), (7)
and (8), 19(1), 20(1), (2), (2A), (2C), (3) and (5), 21(1) and (2), 23(4),
24(1), (2)(c), (3) and (4), 25(1), (2), (3) and (4), 27(1), (2), (3) and (6),
28(1) and (3), 29(2), 35(1), (2) and (3), 36(1) and (3), 45(1) and (2)(a) and
(b), 48(1), (2), (3) and (7), 49(1), 50(1) and (2), 51(1) and (2), 52, 53(2),
(2A) and (4), 53A(2)(d), 53B, 53C(1), (2) and (3), 53D(1) and (2), 56(1) and
(3)(b), 58(4)(a), 60(3) and (4), 65 and 66(2)(b)
|
Director-General
(all references) |
Director
|
|
sections 15(8), 27(1)(c) and 53D(1)(a)
|
Director-General's
|
Director's
|
|
section 53C, heading
|
Director-General
|
Director
|
Schedule 5 Tobacco Control Act 2002 further amended
section 60
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
sections 11(4A)(b), 29(1)(a), (2), (3) and (4), 34,
35(1)(a), (2), (3) and (5), 36(1)(a), (2), (4), (5) and (6), 37, 38(1), 39(1)
and (2) and 40(1)
|
Director-General
(all references) |
Director
|
|
section 37, heading
|
Director-General
|
Director
|
|
section 39(1)(b)
|
Director-General's
|
Director's
|
Schedule 6 Totalisator Licensing and Regulation Act 2000 further amended
section 75
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
sections 13(1), 14(1) and (2), 15(1), (2)
and (3)(b), 16(1) and (3), 17(1) and (2), 18(1) and (2), 19(1) and (2),
20(1), (2), (3), (4) and (5), 21, 22(1), 23(1)(a) and (2)(a) and (b), 26(1)(a)
and (2)(a) and (c), 27(1), (2), (3) and (4), 28(2), (3), (4), (5) and (6),
30(1), (2), (3) and (4), 31(1) (2), (3), (4) and (5), 38(1) and (2), 39(1) and
(3), 41(1), 42(2), (3) and (4), 43(1), 44(1), 45(4)(b) and (c) and (5)(a) and
(b), 46(1), (2), (3) and (4), 48, 50(1) and (2), 51(1) and (2), 52(2), 53(1) and
(4), 54, 59(2)(e), 61, 62, 63, 64, 65(1) and (2), 66(1), 67, 69(2)(a) and (c),
70(1), (2), (3) and (4), 71(1) and (2), 72(1) and (4), 73(2), (3) and (4),
79(1), 80(1) and (2), 81(1)(b) and (c), 103(1) and (2) and 112(1)
|
Director-General
(all references) |
Director
|
|
sections 17, 54, 62, 70 and 71, heading
|
Director-General
|
Director
|
|
sections 27(1)(a), 70(2), 79(1) and
103(2)
|
Director-General's
|
Director's
|
Schedule 7 Subordinate legislation amended
section 87
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Criminal Records (Spent Convictions)
Regulations 1993
|
||
|
regulation 3, heading
|
of Director-General of Licensing
|
under Private Security Act
1995
|
|
Gaming Control (Community Gaming) Regulations
2006
|
||
|
regulations 2, definition association,
paragraph (b), 3(1), 9(2), 14(1) and (2), 16(2), 22(1) and (5), 23(1) and
(2), 25(1) and (2), 26(1), (3) and (4), 28, 29(2) and (3), 30(1), (2), (3) and
(4), 31(1) and (3), 32(1) and (2), 34(1) and (2), 36(1)(j) and (2), 37, 39(1)(h)
and (2), 40, 42(1) and (4), 43(1), (2), (3)(c) and (4), 44(1)(a), (c), (d) and
(e) and (2), 45(1) and (2), 46(1), (2), (3) and (5) and 47(1), (3) and
(6)
|
Director-General
(all references) |
Director
|
|
regulations 9(3), 29(2)(b) and 46(5)
|
Director-General's
|
Director's
|
|
regulation 28, heading
|
Director-General
|
Director
|
|
Gaming Control (Gaming Machines) Regulations
1995
|
||
|
regulations 2, definition non-commercial
gaming machine, 3(1) and (2)(b), 4(1), (4), (5) and (6)(a) and (b), 6(6)
and 8(d)
|
Director-General
(all references) |
Director
|
|
regulation 6(6)
|
Director-General's
|
Director's
|
|
Gaming Control (Internet Gaming) Regulations
1998
|
||
|
regulations 2, definition approved computer
system, 3, 4(1), (2), (3), (4) and (5), 5(2), 8(1), 9(1)(a) and (b) and
(2), 10(1), (2), (3), (4), (5), (6) and (7), 11(1), 12(1)(d) and (2), 13(3),
14(1), (2)(b) and (g), (5), (6) and (7), 15(1), (3) and (4), 16(1), (2), (3),
(4) and (5), 17(1), (2), (4), (5)(c), (6), (7), (8) and (9)(c), 18(1) and (2),
19(1)(b), (2) and (3), 21(1), (2), (3), (4) and (5), 23(2), (4) and (5), 24(1),
(2)(b), (3) and (5), 25(1) and (3), 26(1) and (2), 27, 29(1) and (2), 30, 31(1),
32(1) and (2)(a) and (b), 33(1) and (2), 34(1), 37(1), (2), (4) and (6), 39,
41(1)(b), 42(1), 43(1) and (2), 48(1), 49(2), 50(5), 58(2)(b), 59(4)(b),
60(4)(d) and (5), 62(2)(d), 63(2)(b), (3), (4) and (5), 66(1)(b) and (2) and
67(2)(a) and (3)
|
Director-General
(all references) |
Director
|
|
regulations 4(4), 10(5), 17(8), 21(4)(d), 43(3) and
69
|
Director-General's
|
Director's
|
|
regulations 8 and 27, heading
|
Director-General
|
Director
|
|
Gaming Control (Licensing) Regulations
1995
|
||
|
regulations 4(1), (2)(b) and (g), (3) and (4), 5(1)
and (3), 6(1), (2), (3) and (4), 7(1), (2), (3)(b), (5), (6) and (7)(c), 8(1),
(2), (3) and (4), 9(3) and (4), 10(1) and (3), 11(1), (2)(b), (3) and (4),
12(1), (2), (3) and (4), 13(1), (2), (3), (4) and (5), 14(1) and (2) and
15
|
Director-General
(all references) |
Director
|
|
Gaming Machine Regulations
1995
|
||
|
regulations 3A(1) and (2), 6(a), 6E(1), (2)(b) and
(3), 8(b), 12(1)(a), 12A(2), 14(1) and (3), 15(4), 18A, 20(1)(b), (2) and (3),
22(b), 24, 24A(1) and (2), 26(2), 27(1) and (3)(b), 28(1) and (2)(b)(i), 32A,
37(2)(a), 38(1), (2) and (3), 38A(2) and 39(1A), (2), (3)(b) and (6) and
Schedule 1, clauses 4 and 12, Schedule 3, clauses 3, 4, 5 and
8(a) and (b) and Schedule 6, clauses 1 and 8
|
Director-General
(all references) |
Director
|
|
Part 7, heading
|
Director-General
|
Director
|
|
Gaming Machine Rules 2001
|
||
|
rule 5
|
Director-General
|
Director
|
|
Kava Management Regulations
1998
|
||
|
regulations 6, 7(2), 9(1), 10(2)(a), 11(1) and
12(2)(a)
|
Director-General
(all references) |
Director
|
|
Private Security (Crowd Controllers)
Regulations 1996
|
||
|
regulations 6(b), 8(b) and 10(2)
|
Director-General
(all references) |
Director
|
|
Private Security (Miscellaneous Matters)
Regulations 2006
|
||
|
regulation 7
|
Director-General
|
Director
|
|
Private Security (Security Firms) Regulations
1998
|
||
|
regulation 6(2), (3) and (5)(b)
|
Director-General
|
Director
|
|
Private Security (Security Officers)
Regulations 1998
|
||
|
regulations 5(b) and 7(2)
|
Director-General
|
Director
|
|
Tobacco Control Regulations
2002
|
||
|
regulations 8, 8A(1)(b), 15C(1), (2), (3)(a), (4),
(5), (6) and (8) and 25A(2)(a) and Schedule 2, entry for section
37
|
Director-General
(all references) |
Director
|
|
regulation 36(1), after
"Director-General"
|
|
under the Director-General (Licensing) Act
2014 before its repeal or the Director
|
|
Totalisator Licensing and Regulation
Regulations 2000
|
||
|
regulation 4, heading
|
Director-General
|
Director
|
|
regulations 5(d) and 8
|
Director-General
(all references) |
Director
|
|
Totalisator Licensing and Regulation
(Arbitration) Regulations 2000
|
||
|
regulations 2, definition party, 3(1)
and (2), 7(2) and 14(c)
|
Director-General
(all references) |
Director
|
|
Totalisator Licensing and Regulation
(Wagering) Rules 2011
|
||
|
rule 2(4)(b)
|
Director-General
|
Director
|
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