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This is a Bill, not an Act. For current law, see the Acts databases.


OCCUPATIONAL LICENSING NATIONAL LAW (QUEENSLAND) BILL 2010

          Queensland



Occupational Licensing
National Law (Queensland)
Bill 2010

 


 

 

Queensland Occupational Licensing National Law (Queensland) Bill 2010 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Adoption of National Law 4 Adoption of Occupational Licensing National Law . . . . . . . . . . . . 5 5 Exclusion of legislation of this jurisdiction . . . . . . . . . . . . . . . . . . 5 6 Relevant tribunal or court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Penalty at end of provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 3 Miscellaneous 8 Information from commissioner of police service . . . . . . . . . . . . . 7 9 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Schedule Relevant tribunal or court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 


 

 

2010 A Bill for An Act to provide for a national law to regulate the licensing of particular occupations and for related purposes

 


 

Occupational Licensing National Law (Queensland) Bill 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Occupational Licensing National 4 Law (Queensland) Act 2010. 5 2 Commencement 6 (1) This Act commences on a day or days to be fixed by 7 proclamation. 8 (2) Different days may be appointed under subsection (1) for the 9 commencement of different provisions of the Occupational 10 Licensing National Law set out in the schedule to the 11 Occupational Licensing National Law Act 2010 of Victoria. 12 (3) The Acts Interpretation Act 1954, section 15DA does not 13 apply to this Act. 14 3 Definitions 15 (1) In this Act-- 16 Occupational Licensing National Law (Queensland) means 17 the provisions applying in this jurisdiction because of section 18 4. 19 (2) Terms used in this Act and also in the Occupational Licensing 20 National Law set out in the schedule to the Occupational 21 Licensing National Law Act 2010 of Victoria have the same 22 meanings in this Act as they have in that Law. 23 Page 4

 


 

Occupational Licensing National Law (Queensland) Bill 2010 Part 2 Adoption of National Law [s 4] Part 2 Adoption of National Law 1 4 Adoption of Occupational Licensing National Law 2 The Occupational Licensing National Law, as in force from 3 time to time, set out in the schedule to the Occupational 4 Licensing National Law Act 2010 of Victoria-- 5 (a) applies as a law of this jurisdiction; and 6 (b) as so applying may be referred to as the Occupational 7 Licensing National Law (Queensland); and 8 (c) so applies as if it were part of this Act. 9 5 Exclusion of legislation of this jurisdiction 10 The following Acts of this jurisdiction do not apply to the 11 Occupational Licensing National Law (Queensland) or to 12 instruments made under the Law-- 13 (a) Acts Interpretation Act 1954; 14 (b) Auditor-General Act 2009, other than to the extent that 15 functions are being exercised under the Law by a State 16 entity; 17 (c) Financial Accountability Act 2009, other than to the 18 extent that functions are being exercised under the Law 19 by a State entity; 20 (d) Information Privacy Act 2009, other than to the extent 21 that functions are being exercised under the Law by a 22 State entity and do not relate to the national registers 23 kept under the Law; 24 (e) Ombudsman Act 2001, other than to the extent that 25 functions are being exercised under the Law by a State 26 entity; 27 (f) Public Records Act 2002, other than to the extent that 28 functions are being exercised under the Law by a State 29 entity; 30 Page 5

 


 

Occupational Licensing National Law (Queensland) Bill 2010 Part 2 Adoption of National Law [s 6] (g) Public Sector Ethics Act 1994, other than to the extent 1 that functions are being exercised under the Law by a 2 State entity; 3 (h) Public Service Act 2008, other than to the extent the 4 functions are being exercised under the Law by a State 5 entity; 6 (i) Right to Information Act 2009, other than to the extent 7 that functions are being exercised under the Law by a 8 State entity; 9 (j) Statutory Bodies Financial Arrangements Act 1982, 10 other than to the extent that functions are being 11 exercised under the Law by a State entity; 12 (k) Statutory Instruments Act 1992, other than to the extent 13 provided for in section 164 (Parliamentary scrutiny of 14 national regulations) of the Law. 15 6 Relevant tribunal or court 16 For the Occupational Licensing National Law (Queensland), 17 section 4, definition relevant tribunal or court, the tribunals 18 and courts mentioned in the schedule are declared to be 19 relevant tribunals or courts for this jurisdiction for the 20 purposes of the provisions of the Law and the licensed 21 occupations stated in the schedule. 22 7 Penalty at end of provision 23 In the Occupational Licensing National Law (Queensland), a 24 penalty stated at the end of a provision indicates that a 25 contravention of the provision is punishable on conviction by 26 a penalty not more than the stated penalty. 27 Page 6

 


 

Occupational Licensing National Law (Queensland) Bill 2010 Part 3 Miscellaneous [s 8] Part 3 Miscellaneous 1 8 Information from commissioner of police service 2 (1) The Licensing Authority may ask the commissioner of the 3 police service to give the Authority a report that includes 4 information about a person's criminal history relevant to 5 whether the person satisfies personal probity requirements 6 under the Occupational Licensing National Law, whether as 7 applied in this jurisdiction or another jurisdiction (the Law). 8 (2) Subsection (3) applies if the following information (change of 9 information) comes to the knowledge of the commissioner-- 10 (a) a change to the information included in the report; 11 (b) new information that would have been included in the 12 report if the information had existed or been known 13 when the report was made. 14 (3) The commissioner may notify the Licensing Authority of the 15 change of information. 16 (4) For subsections (1) and (3), the Licensing Authority and the 17 commissioner may enter into a written arrangement by which 18 information is given. 19 (5) The arrangement must state all limitations on the purposes for 20 which the information may be used, including limitations 21 imposed on the use of the information under the Law. 22 (6) In this section-- 23 Licensing Authority includes a State or Territory entity. 24 Note-- 25 State or Territory entity is defined in the Occupational Licensing 26 National Law (Queensland), section 4. 27 9 Proceedings for offences 28 Proceedings for an offence against the Occupational 29 Licensing National Law (Queensland) must be taken in a 30 summary way under the Justices Act 1886. 31 Page 7

 


 

Occupational Licensing National Law (Queensland) Bill 2010 Part 3 Miscellaneous [s 10] 10 Regulation-making power 1 The Governor in Council may make regulations under this 2 Act. 3 Page 8

 


 

Occupational Licensing National Law (Queensland) Bill 2010 Schedule Schedule Relevant tribunal or court 1 section 6 2 Section Tribunal or court Licensed occupation 13 District Court all licensed occupations 93 and 94 QCAT air conditioning and refrigeration plumbing gasfitting property-related occupations Industrial Court electrical © State of Queensland 2010 Page 9

 


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