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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Occupational Licensing)
Bill 2013
A BILL FOR
An Act to amend the Building
Work Contractors Act 1995; the Conveyancers
Act 1994; the Fair
Trading Act 1987; the Land
Agents Act 1994; the Plumbers,
Gas Fitters and Electricians Act 1995; the Second-hand
Vehicle Dealers Act 1995; and the Security
and Investigation Industry Act 1995.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Building Work
Contractors Act 1995
4Amendment of section
3—Interpretation
5Amendment of section
6—Obligation of building work contractors to be licensed
6Amendment of section 7—Classes of
licence
7Amendment of section 9—Entitlement to be
licensed
8Amendment of section 13—Classes of
registration
9Substitution of section
14
14Certain people
registered under other Acts taken to be registered
10Substitution of section
16
16Entitlement to be
registered
11Amendment of section 19—Approval as
building work supervisor in relation to licensed building work contractor's
business
12Substitution of Part 3A
Part 3A—Suspension or variation of
licence or registration in urgent circumstances
19ACommissioner may suspend or impose conditions on
licence or registration in urgent circumstances
Part 3B—Cancellation, suspension or
variation of licence or registration
19BCommissioner may cancel, suspend or impose
conditions on licence or registration
Part 3—Amendment of Conveyancers
Act 1994
13Amendment of section 5—Conveyancers to
be registered
14Insertion of Part 2A
Part 2A—Cancellation, suspension or
variation of registration
9AACommissioner may cancel, suspend or impose
conditions on registration
15Amendment of section
24—Audit of trust accounts
16Amendment of section
49—Disciplinary action
Part 4—Amendment of Fair Trading
Act 1987
17Amendment of section
8A—Conciliation
Part 5—Amendment of Land Agents
Act 1994
18Amendment of section 6—Agents to be
registered
19Insertion of Part 2A
Part 2A—Cancellation, suspension or
variation of registration
11CCommissioner may cancel, suspend or impose
conditions on registration
20Amendment of section
22—Audit of trust accounts
21Amendment of section
47—Disciplinary action
Part 6—Amendment of Plumbers, Gas
Fitters and Electricians Act 1995
22Amendment of
section 6—Obligation of contractors to be licensed
23Amendment of section 7—Classes of
licence
24Amendment of section 9—Entitlement to be
licensed
25Amendment of section 13—Obligation of
workers to be registered
26Amendment of section 14—Classes of
registration
27Substitution of section
16
16Entitlement to be
registered
28Substitution of Part 3A
Part 3A—Suspension or variation of
licence or registration in urgent circumstances
18ACommissioner may suspend or
impose conditions on licence or registration in urgent
circumstances
Part 3B—Cancellation, suspension or
variation of licence or registration
18BCommissioner may cancel, suspend or impose
conditions on licence or registration
29Insertion of
section 33A
33APublication
of advertisements
Part 7—Amendment of Second-hand
Vehicle Dealers Act 1995
30Amendment of section
7—Dealers to be licensed
31Insertion of Parts 2A and
2B
Part 2A—Suspension or variation of
licence in urgent circumstances
14ACommissioner may suspend or impose conditions on
licence in urgent circumstances
Part 2B—Cancellation, suspension or
variation of licence
14BCommissioner may cancel, suspend or impose
conditions on licence
32Repeal of Part 4A
33Amendment of section 31—Disciplinary
action
Part 8—Amendment of Security and
Investigation Industry Act 1995
34Amendment of
section 3—Interpretation
35Amendment of section 6—Obligation
to be licensed
36Amendment of section 7A—Licence
conditions
37Insertion of Part 3A Division A1
Division A1—Cancellation, suspension or
variation of licence where eligibility criteria no longer
met
23ABCommissioner may
cancel, suspend or impose conditions on licence
38Substitution of
heading to Part 3A Division 1
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Occupational Licensing)
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Building Work Contractors
Act 1995
4—Amendment
of section 3—Interpretation
Section 3(1), definition of building—after "includes a"
insert:
wall or
5—Amendment
of section 6—Obligation of building work contractors to be
licensed
Section 6(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for an offence committed by a natural person—
(i) for a first or second offence—$50 000; or
(ii) for a third or subsequent offence—$50 000 or
12 months imprisonment or both; or
(b) for an offence committed by a body
corporate—$250 000.
6—Amendment
of section 7—Classes of licence
Section 7(2)(a)—delete paragraph (a) and substitute:
(a) may be imposed by the Commissioner—
(i) on the grant of the licence; or
(ii) at any time on application by the licensed building work contractor;
and
7—Amendment
of section 9—Entitlement to be licensed
(1) Section 9(1)(c) and (d)—delete paragraphs (c) and (d)
and substitute:
(c) subject to subsection (1a)—
(i) is not, and has not been, during the period of 2 years preceding
the application for the licence, an insolvent under administration within the
meaning of the Corporations Act 2001 of the Commonwealth or subject
to a composition or deed or scheme of arrangement with or for the benefit of
creditors; and
(ii) has not been, during the period of 5 years preceding the
application for the licence, a director of a body corporate wound up for the
benefit of creditors—
(A) when the body corporate was being so wound up; or
(B) within the period of 12 months preceding the commencement of the
winding up; and
(2) Section 9—after subsection (1) insert:
(1a) A natural person referred to in subsection (1)(c) may be granted
a licence subject to conditions limiting the work that may be performed under
the authority of the licence—
(a) if he or she is only a person referred to in subsection (1)(c)
because he or she has previously been an insolvent under administration within
the meaning of the Corporations Act 2001 of the Commonwealth or
subject to a composition or deed or scheme of arrangement with or for the
benefit of creditors—to carrying out a specified trade or trades (or a
specified trade or trades in specified circumstances or subject to specified
limitations); or
(b) in any case—to work as a subcontractor.
(3) Section 9(2)(b)(ii) and (iii)—delete subparagraphs (ii)
and (iii) and substitute:
(ii) subject to subsection (2a)—
(A) is, or has been, during the period of 2 years preceding the
application for the licence, an insolvent under administration within the
meaning of the Corporations Act 2001 of the Commonwealth or subject
to a composition or deed or scheme of arrangement with or for the benefit of
creditors; or
(B) has been, during the period of 5 years preceding the application
for the licence, a director of a body corporate wound up for the benefit of
creditors—
• when the body corporate was being so wound up; or
• within the period of 12 months preceding the commencement of
the winding up; and
(4) Section 9—after subsection (2) insert:
(2a) A body corporate with a director referred to in
subsection (2)(b)(ii) may be granted a licence subject to conditions
limiting the work that may be performed under the authority of the
licence—
(a) if the director is only a person referred to in
subsection (2)(b)(ii) because he or she has previously been an insolvent
under administration within the meaning of the Corporations Act 2001
of the Commonwealth or subject to a composition or deed or scheme of arrangement
with or for the benefit of creditors—to carrying out a specified trade or
trades (or a specified trade or trades in specified circumstances or subject to
specified limitations); or
(b) in any case—to work as a subcontractor.
8—Amendment
of section 13—Classes of registration
Section 13(2)(a)—delete paragraph (a) and substitute:
(a) may be imposed by the Commissioner—
(i) on the grant of the registration; or
(ii) at any time on application by the registered building work
supervisor; and
Section 14—delete the section and substitute:
14—Certain people registered under other Acts taken
to be registered
The following people are to be taken to hold building work supervisors
registration for the purposes of this Part:
(a) registered architects;
(b) subject to any limitations prescribed by the regulations, people
registered under Part 3 of the Plumbers,
Gas Fitters and Electricians Act 1995.
Section 16—delete the section and substitute:
16—Entitlement to be
registered
A natural person is entitled to be registered if the
person—
(a) has—
(i) the qualifications and experience required by regulation for the kind
of work authorised by the registration; or
(ii) subject to the regulations, qualifications and experience that the
Commissioner considers appropriate having regard to the kind of work authorised
by the registration; and
(b) is a fit and proper person to be registered.
11—Amendment
of section 19—Approval as building work supervisor in relation to licensed
building work contractor's business
(1) Section 19(4)—delete subsection (4) and substitute:
(4) A person is not eligible to be approved as a building work supervisor
in relation to a licensed building work contractor's business unless the person
is a registered building work supervisor.
(2) Section 19(6)—delete subsection (6)
(3) Section 19(8)(a)—after "employed" insert:
or otherwise engaged
(4) Section 19(8)(b)—delete "so employed by the contractor" and
substitute:
employed or engaged to perform that function
(5) Section 19(8)—delete "the cessation of that employment" and
substitute:
the person ceases to be employed or engaged to perform that function
(whether or not the person remains employed or engaged by the contractor to
perform any other function)
Part 3A—delete Part 3A and substitute:
Part 3A—Suspension or variation of licence or
registration in urgent circumstances
19A—Commissioner may suspend or impose conditions
on licence or registration in urgent circumstances
(1) If the
Commissioner is of the opinion that—
(a) there are reasonable grounds to believe that a licensed building work
contractor or registered building work supervisor has engaged or is engaging in
conduct that constitutes grounds for disciplinary action under Part 4;
and
(b) it is likely that the contractor or supervisor will continue to engage
in that conduct; and
(c) there is a danger that a person or persons may suffer significant
harm, or significant loss or damage, as a result of the conduct unless action is
taken urgently,
the Commissioner may, by notice served on the contractor or
supervisor—
(d) suspend the
licence or registration for a specified period (not exceeding 6 months) or
until the fulfilment of stipulated conditions; or
(e) impose conditions on the licence or registration.
(2) If the Commissioner (on his or her own motion or on an application
under section 7 or 13) is satisfied that the facts and circumstances
that gave rise to the imposition of conditions on a licence or registration
under this section have so altered that the imposition of the conditions is no
longer necessary, the Commissioner must, by further notice specifying the date
of termination, terminate the imposition of the conditions.
(3) If, during the suspension of a licence or registration under this
section, the Commissioner is satisfied that the facts and circumstances that
gave rise to the suspension have so altered that the suspension should be
terminated, the Commissioner must, by further notice specifying the date of
termination, terminate the suspension without delay and restore the licence or
registration to the person (either in the form in which it existed prior to the
suspension or subject to new conditions).
(4) A person whose licence or registration is suspended or made subject to
conditions under this section may appeal to the District Court against the
decision of the Commissioner to suspend the licence or registration or to impose
the conditions.
(5) Subject to
subsection (7),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(6) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(7) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(8) The District Court must hear and determine an appeal under this
section as expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after
the commencement of this section.
Part 3B—Cancellation, suspension or variation of
licence or registration
19B—Commissioner may cancel, suspend or impose
conditions on licence or registration
(1) If the Commissioner
is satisfied that events have occurred such that—
(a) a licensed building work contractor would not be entitled to be so
licensed if the person were to apply for the licence; or
(b) a registered building work supervisor would not be entitled to be so
registered if the person were to apply for registration,
the Commissioner may, by notice served on the person—
(c) cancel the licence or registration; or
(d) suspend the
licence or registration for a specified period or until the fulfilment of
stipulated conditions; or
(e) impose conditions on the licence or registration.
(2) If, during the suspension of a licence or registration under this
section, the Commissioner is satisfied that the facts and circumstances that
gave rise to the suspension have altered, the Commissioner may, by further
notice specifying the date of termination, terminate the suspension and restore
the licence or registration to the person (either in the form in which it
existed prior to the suspension or subject to new conditions).
(3) A person whose licence or registration is cancelled, suspended or made
subject to conditions under this section may appeal to the District Court
against the decision of the Commissioner to cancel or suspend the licence or
registration or to impose the conditions.
(4) Subject to
subsection (6),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(5) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(6) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(7) The District Court must hear and determine an appeal under this
section as expeditiously as possible.
(8) This section applies in relation to conduct occurring before or after
the commencement of this section.
Part 3—Amendment
of Conveyancers
Act 1994
13—Amendment
of section 5—Conveyancers to be registered
Section 5, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for an offence committed by a natural person—
(i) for a first or second offence—$50 000; or
(ii) for a third or subsequent offence—$50 000 or
12 months imprisonment or both; or
(b) for an offence committed by a body
corporate—$250 000.
After section 9 insert:
Part 2A—Cancellation, suspension or variation of
registration
9AA—Commissioner may cancel, suspend or impose
conditions on registration
(1) If the Commissioner
is satisfied that events have occurred such that a registered conveyancer would
not be entitled to be so registered if the person were to apply for
registration, the Commissioner may, by notice served on the
person—
(a) cancel the registration; or
(b) suspend the
registration for a specified period or until the fulfilment of stipulated
conditions; or
(c) impose conditions on the registration.
(2) If the Commissioner is satisfied that the facts and circumstances that
gave rise to the imposition of conditions on a registration under this section
have altered, the Commissioner may, by further notice specifying the date of
termination, terminate the imposition of the conditions.
(3) If, during the suspension of a registration under this section, the
Commissioner is satisfied that the facts and circumstances that gave rise to the
suspension have altered, the Commissioner may, by further notice specifying the
date of termination, terminate the suspension and restore the registration to
the person (either in the form in which it existed prior to the suspension or
subject to new conditions).
(4) A person whose registration is cancelled, suspended or made subject to
conditions under this section may appeal to the Court against the decision of
the Commissioner to cancel or suspend the registration or to impose the
conditions.
(5) Subject to
subsection (7),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(6) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(7) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(8) The Court must hear and determine an appeal under this section as
expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after
the commencement of this section.
15—Amendment
of section 24—Audit of trust accounts
(1) Section 24(1)—delete "A conveyancer" and substitute:
Subject to this section, a conveyancer
(2) Section 24—after subsection (1) insert:
(1a) If no trust money was held in a conveyancer's trust account during a
particular audit period, no audit or statement is required under
subsection (1) in relation to that period but the conveyancer must make and
lodge with the Commissioner a declaration, in a form approved by the
Commissioner, setting out the reasons for not holding any money in the trust
account during that period.
(3) Section 24(3) and (4)—delete "the audit statement or
declaration" wherever occurring and substitute in each case:
an audit statement or a declaration required under this section
16—Amendment
of section 49—Disciplinary action
Section 49(1)(c)—before subparagraph (i) insert:
(ai) impose conditions or further conditions on the registration;
or
Part 4—Amendment
of Fair Trading
Act 1987
17—Amendment
of section 8A—Conciliation
Section 8A(5)—after "conference may" insert:
, with the approval of the Commissioner,
Part 5—Amendment
of Land Agents
Act 1994
18—Amendment
of section 6—Agents to be registered
Section 6(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for an offence committed by a natural person—
(i) for a first or second offence—$50 000; or
(ii) for a third or subsequent offence—$50 000 or
12 months imprisonment or both; or
(b) for an offence committed by a body
corporate—$250 000.
After section 11B insert:
Part 2A—Cancellation, suspension or variation of
registration
11C—Commissioner may cancel, suspend or impose
conditions on registration
(1) If the Commissioner
is satisfied that events have occurred such that a registered agent, registered
sales representative or registered auctioneer would not be entitled to be so
registered if the person were to apply for registration, the Commissioner may,
by notice served on the person—
(a) cancel the registration; or
(b) suspend the
registration for a specified period or until the fulfilment of stipulated
conditions; or
(c) impose conditions on the registration.
(2) If the Commissioner is satisfied that the facts and circumstances that
gave rise to the imposition of conditions on a registration under this section
have altered, the Commissioner may, by further notice specifying the date of
termination, terminate the imposition of the conditions.
(3) If, during the suspension of a registration under this section, the
Commissioner is satisfied that the facts and circumstances that gave rise to the
suspension have altered, the Commissioner may, by further notice specifying the
date of termination, terminate the suspension and restore the registration to
the person (either in the form in which it existed prior to the suspension or
subject to new conditions).
(4) A person whose registration is cancelled, suspended or made subject to
conditions under this section may appeal to the Court against the decision of
the Commissioner to cancel or suspend the registration or to impose the
conditions.
(5) Subject to
subsection (7),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(6) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(7) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(8) The Court must hear and determine an appeal under this section as
expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after
the commencement of this section.
20—Amendment
of section 22—Audit of trust accounts
(1) Section 22(1)—delete "An agent" and substitute:
Subject to this section, an agent
(2) Section 22—after subsection (1) insert:
(1a) If no trust money was held in an agent's trust account during a
particular audit period, no audit or statement is required under
subsection (1) in relation to that period but the agent must make and lodge
with the Commissioner a declaration, in a form approved by the Commissioner,
setting out the reasons for not holding any money in the trust account during
that period.
(3) Section 22(3) and (4)—delete "the audit statement or
declaration" wherever occurring and substitute in each case:
an audit statement or a declaration required under this section
21—Amendment
of section 47—Disciplinary action
Section 47(1)(c)—before subparagraph (i) insert:
(ai) impose conditions or further conditions on any registration of the
person; or
Part 6—Amendment
of Plumbers, Gas Fitters and Electricians
Act 1995
22—Amendment
of section 6—Obligation of contractors to be licensed
Section 6(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for an offence committed by a natural person—
(i) for a first or second offence—$50 000; or
(ii) for a third or subsequent offence—$50 000 or
12 months imprisonment or both; or
(b) for an offence committed by a body
corporate—$250 000.
23—Amendment
of section 7—Classes of licence
Section 7(2)(a)—delete paragraph (a) and substitute:
(a) may be imposed by the Commissioner—
(i) on the grant of the licence; or
(ii) at any time on application by the licensee; and
24—Amendment
of section 9—Entitlement to be licensed
(1) Section 9(1)(c) and (d)—delete paragraphs (c) and (d)
and substitute:
(c) subject to subsection (1a)—
(i) is not an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; and
(ii) has not, during the period of 5 years preceding the application
for the licence, been a director of a body corporate wound up for the benefit of
creditors—
(A) when the body corporate was being so wound up; or
(B) within the period of 6 months preceding the commencement of the
winding up; and
(2) Section 9—after subsection (1) insert:
(1a) Subject to the regulations, a natural person referred to in
subsection (1)(c) may be granted a licence subject to conditions limiting
the work that may be performed under the authority of the licence to work as a
subcontractor.
25—Amendment
of section 13—Obligation of workers to be registered
Section 13, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a first or second offence—$20 000; or
(b) for a third or subsequent offence—$20 000 or 12 months
imprisonment or both.
26—Amendment
of section 14—Classes of registration
Section 14(2)(a)—delete paragraph (a) and substitute:
(a) may be imposed by the Commissioner—
(i) on the grant of the registration; or
(ii) at any time on application by the registered worker; and
Section 16—delete the section and substitute:
16—Entitlement to be
registered
A natural person is entitled to be registered if the
person—
(a) has—
(i) the qualifications and experience required by regulation for the kind
of work authorised by the registration; or
(ii) subject to the regulations, qualifications and experience that the
Commissioner considers appropriate having regard to the kind of work authorised
by the registration; and
(b) is a fit and proper person to be registered.
Part 3A—delete Part 3A and substitute:
Part 3A—Suspension or variation of licence or
registration in urgent circumstances
18A—Commissioner may suspend or impose conditions
on licence or registration in urgent circumstances
(1) If the
Commissioner is of the opinion that—
(a) there are reasonable grounds to believe that a licensed contractor or
a registered worker has engaged or is engaging in conduct that constitutes
grounds for disciplinary action under Part 4; and
(b) it is likely that the contractor or worker will continue to engage in
that conduct; and
(c) there is a danger that a person or persons may suffer significant
harm, or significant loss or damage, as a result of the conduct unless action is
taken urgently,
the Commissioner may, by notice served on the contractor or
worker—
(d) suspend the
licence or registration for a specified period (not exceeding 6 months) or
until the fulfilment of stipulated conditions; or
(e) impose conditions on the licence or registration.
(2) If the Commissioner (on his or her own motion or on an application
under section 7 or 14) is satisfied that the facts and circumstances
that gave rise to the imposition of conditions on a licence or registration
under this section have so altered that the imposition of the conditions is no
longer necessary, the Commissioner must, by further notice specifying the date
of termination, terminate the imposition of the conditions.
(3) If, during the suspension of a licence or registration under this
section, the Commissioner is satisfied that the facts and circumstances that
gave rise to the suspension have so altered that the suspension should be
terminated, the Commissioner must, by further notice specifying the date of
termination, terminate the suspension without delay and restore the licence or
registration to the person (either in the form in which it existed prior to the
suspension or subject to new conditions).
(4) A person whose licence or registration is suspended or made subject to
conditions under this section may appeal to the Court against the decision of
the Commissioner to suspend the licence or registration or to impose the
conditions.
(5) Subject to
subsection (7),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(6) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(7) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(8) The Court must hear and determine an appeal under this section as
expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after
the commencement of this section.
Part 3B—Cancellation, suspension or variation of
licence or registration
18B—Commissioner may cancel, suspend or impose
conditions on licence or registration
(1) If the Commissioner
is satisfied that events have occurred such that—
(a) a licensed contractor would not be entitled to be so licensed if the
person were to apply for the licence; or
(b) a registered worker would not be entitled to be so registered if the
person were to apply for registration,
the Commissioner may, by notice served on the person—
(c) cancel the licence or registration; or
(d) suspend the licence
or registration for a specified period or until the fulfilment of stipulated
conditions; or
(e) impose conditions on the licence or registration.
(2) If, during the suspension of a licence or registration under this
section, the Commissioner is satisfied that the facts and circumstances that
gave rise to the suspension have altered, the Commissioner may, by further
notice specifying the date of termination, terminate the suspension and restore
the licence or registration to the person (either in the form in which it
existed prior to the suspension or subject to new conditions).
(3) A person whose licence or registration is cancelled, suspended or made
subject to conditions under this section may appeal to the Court against the
decision of the Commissioner to cancel or suspend the licence or registration or
to impose the conditions.
(4) Subject to
subsection (6),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(5) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(6) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(7) The Court must hear and determine an appeal under this section as
expeditiously as possible.
(8) This section applies in relation to conduct occurring before or after
the commencement of this section.
After section 33 insert:
33A—Publication of
advertisements
(1) A licensed
contractor must not publish, or cause to be published, an advertisement relating
to the business carried on under the authority of the licence unless the
advertisement specifies the contractor's licence number.
Maximum penalty: $2 500.
Expiation fee: $80.
(2)
Subsection (1)
does not apply in relation to an advertisement offering or seeking applications
for employment or directed to other licensed contractors.
Part 7—Amendment
of Second-hand Vehicle Dealers
Act 1995
30—Amendment
of section 7—Dealers to be licensed
Section 7(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for an offence committed by a natural person—
(i) for a first or second offence—$100 000; or
(ii) for a third or subsequent offence—$100 000 or
12 months imprisonment or both; or
(b) for an offence committed by a body
corporate—$250 000.
31—Insertion
of Parts 2A and 2B
After section 14 insert:
Part 2A—Suspension or variation of licence in
urgent circumstances
14A—Commissioner may suspend or impose conditions
on licence in urgent circumstances
(1) If the
Commissioner is of the opinion that—
(a) there are reasonable grounds to believe that a licensed dealer has
engaged or is engaging in conduct that constitutes grounds for disciplinary
action under Part 5; and
(b) it is likely that the dealer will continue to engage in that conduct;
and
(c) there is a danger that a person or persons may suffer significant
harm, or significant loss or damage, as a result of the dealer's conduct unless
action is taken urgently,
the Commissioner may, by notice served on the dealer—
(d) suspend the
dealer's licence for a specified period (not exceeding 6 months) or until
the fulfilment of stipulated conditions; or
(e) impose conditions on the dealer's licence.
(2) If the Commissioner is satisfied that the facts and circumstances that
gave rise to the imposition of conditions on a licence under this section have
so altered that the imposition of the conditions is no longer necessary, the
Commissioner must, by further notice specifying the date of termination,
terminate the imposition of the conditions.
(3) If, during the suspension of a licence under this section, the
Commissioner is satisfied that the facts and circumstances that gave rise to the
suspension have so altered that the suspension should be terminated, the
Commissioner must, by further notice specifying the date of termination,
terminate the suspension without delay and restore the licence to the person
(either in the form in which it existed prior to the suspension or subject to
new conditions).
(4) A person whose licence has been suspended or made subject to
conditions under this section may appeal to the District Court against the
decision of the Commissioner to suspend the licence or to impose the
conditions.
(5) Subject to
subsection (7),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(6) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(7) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(8) The District Court must hear and determine an appeal under this
section as expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after
the commencement of this section.
Part 2B—Cancellation, suspension or variation of
licence
14B—Commissioner may cancel, suspend or impose
conditions on licence
(1) If the Commissioner
is satisfied that events have occurred such that a licensed dealer would not be
entitled to be so licensed if the person were to apply for the licence, the
Commissioner may, by notice served on the person—
(a) cancel the licence; or
(b) suspend the
licence for a specified period or until the fulfilment of stipulated conditions;
or
(c) impose conditions on the licence.
(2) If the Commissioner is satisfied that the facts and circumstances that
gave rise to the imposition of conditions on a licence under this section have
altered, the Commissioner may, by further notice specifying the date of
termination, terminate the imposition of the conditions.
(3) If, during the suspension of a licence under this section, the
Commissioner is satisfied that the facts and circumstances that gave rise to the
suspension have altered, the Commissioner may, by further notice specifying the
date of termination, terminate the suspension and restore the licence to the
person (either in the form in which it existed prior to the suspension or
subject to new conditions).
(4) A person whose licence is cancelled, suspended or made subject to
conditions under this section may appeal to the District Court against the
decision of the Commissioner to cancel or suspend the licence or to impose the
conditions.
(5) Subject to
subsection (7),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(6) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(7) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(8) The District Court must hear and determine an appeal under this
section as expeditiously as possible.
(9) This section applies in relation to conduct occurring before or after
the commencement of this section.
Part 4A—delete the Part
33—Amendment
of section 31—Disciplinary action
Section 31(1)(c)—before subparagraph (i) insert:
(ai) impose conditions or further conditions on the licence; or
Part 8—Amendment
of Security and Investigation Industry
Act 1995
34—Amendment
of section 3—Interpretation
(1) Section 3, definition of security agent—after
paragraph (a) insert:
(ab) hiring out or otherwise supplying persons for the purpose of
protecting or guarding a person or property or keeping a person or property
under surveillance;
(2) Section 3, definition of security agent—after
paragraph (c) insert:
(ca) hiring out or otherwise supplying persons for the purpose of
preventing, detecting or investigating the commission of an offence in relation
to a person or property;
(3) Section 3, definition of security agent—after
paragraph (d) insert:
(da) hiring out or otherwise supplying persons for the purpose of
controlling crowds;
(4) Section 3, definition of security agent, (f)—after
"surveillance systems" insert:
or persons to provide advice on security alarm or surveillance
systems
(5) Section 3, definition of security agent—after
paragraph (g) insert:
(h) hiring out or otherwise supplying persons for the purpose of
installing or maintaining security alarm or surveillance systems;
35—Amendment
of section 6—Obligation to be licensed
Section 6(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for an offence committed by a natural person—
(i) for a first or second offence—$50 000; or
(ii) for a third or subsequent offence—$50 000 or
12 months imprisonment or both; or
(b) for an offence committed by a body
corporate—$250 000.
36—Amendment
of section 7A—Licence conditions
Section 7A(3)—delete subsection (3) and substitute:
(3) Conditions—
(a) may be imposed by the Commissioner—
(i) on the grant of the licence; or
(ii) at any time on application by the holder of the licence;
and
(b) may be varied or revoked by the Commissioner at any time on
application by the holder of the licence.
37—Insertion
of Part 3A Division A1
Before Part 3A Division 1 insert:
Division A1—Cancellation, suspension or variation
of licence where eligibility criteria no longer met
23AB—Commissioner may cancel, suspend or impose
conditions on licence
(1) If the
Commissioner is satisfied that events have occurred such that a licensed agent
or security industry trainer would not be entitled to be so licensed if the
person were to apply for a licence, the Commissioner may, by notice served on
the person—
(a) cancel the licence; or
(b) suspend the
licence for a specified period or until the fulfilment of stipulated conditions;
or
(c) impose conditions on the licence.
(2) If, during the suspension of a licence under this section, the
Commissioner is satisfied that the facts and circumstances that gave rise to the
suspension have altered, the Commissioner may, by further notice specifying the
date of termination, terminate the suspension and restore the licence to the
person (either in the form in which it existed prior to the suspension or
subject to new conditions).
(3) A person whose licence is cancelled, suspended or made subject to
conditions under this section may appeal to the Court against the decision of
the Commissioner to cancel or suspend the licence or to impose the
conditions.
(4) Subject to
subsection (6),
an appeal must be instituted within 1 month of the making of the decision
appealed against.
(5) The Commissioner must, if so required by the appellant, state in
writing the reasons for the Commissioner's decision.
(6) If the reasons
of the Commissioner are not given in writing at the time of making the decision
and the appellant (within 1 month of the making of the decision) requires
the Commissioner to state the reasons in writing, the time for instituting an
appeal runs from the time at which the appellant receives the written statement
of those reasons.
(7) The Court must hear and determine an appeal under this section as
expeditiously as possible.
(8) This section applies in relation to conduct occurring before or after
the commencement of this section.
38—Substitution
of heading to Part 3A Division 1
Heading to Part 3A Division 1—delete the heading and
substitute:
Division 1—Other suspensions and
cancellations