Victorian Numbered Acts

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OCCUPATIONAL LICENSING NATIONAL LAW ACT 2010 (NO. 66 OF 2010)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  

   PART 2--ADOPTION OF NATIONAL LAW

   4.      Adoption of Occupational Licensing National Law  
   5.      Exclusion of legislation of this jurisdiction  
   6.      Relevant tribunal or court  
   7.      Parliamentary scrutiny of national regulations  

   PART 3--MISCELLANEOUS

   8.      Regulations dealing with transitional matters  
   9.      Offence for individual to carry out prescribed work unless licensed or exempt  
   10.     Offence for body corporate or partnership to enter into contract for prescribed work unless licensed or exempt  
   11.     Offence to advertise or offer to do prescribed work unless licensed or exempt  
   12.     Offence to hold out unlicensed person as being licensed  
   13.     Injunction stopping person from engaging in conduct in contravention of Law or national regulations  
   14.     Licensee must not lend or otherwise allow use of licence by another person  
   15.     Who may apply for a licence  
   16.     Application for licence  
   17.     Licensing Authority may require further information or document  
   18.     Eligibility for licence  
   19.     Personal probity  
   20.     Financial probity  
   21.     Excluded person  
   22.     Decision about application  
   23.     Notice of decision to be given to applicant  
   24.     Failure to decide application  
   25.     Form of licence  
   26.     Period of licence  
   27.     Conditions  
   28.     Change in details or circumstances  
   29.     Return of licence  
   30.     Licence not transferrable  
   31.     Application for renewal of licence  
   32.     Licensing Authority may require further information or document  
   33.     Eligibility for renewal of licence  
           --Divisions 3 and 4 apply to the renewal of a licence, with any changes prescribed by the national regulations, as if the application for the renewal of the licence were an application for the grant of a licence.
   34.     Licence continues in force until application decided  
   35.     Application for restoration of licence  
   36.     Licensing Authority may require further information or document  
   37.     Eligibility for restoration of licence  
           --Divisions 3 and 4 apply to the restoration of a licence, with any changes prescribed by the national regulations, as if the application for the restoration of the licence were an application for the grant of a licence.
   38.     Licence continues in force until application decided  
   39.     Period of restored licence  
   40.     Application for variation of licence  
   41.     Eligibility for variation of licence  
           --Divisions 3 and 4 apply to the variation of a licence, with any changes prescribed by the national regulations, as if the application for the variation of the licence were an application for the grant of a licence.
   42.     Varying licence on Licensing Authority's initiative  
   43.     Surrender of licence  
   44.     Revocation of licence  
   45.     Replacement of licence  
   46.     Part applicable to former licensees  
   47.     Meaning of disciplinary action  
   48.     Grounds for disciplinary action  
   49.     Grounds for immediate suspension  
   50.     Immediate suspension of licence  
   51.     Application of Division  
   52.     Show cause notice  
   53.     Representations about show cause notice  
   54.     Decision about whether to take disciplinary action  
   55.     Ending show cause process without further action  
   56.     Taking disciplinary action after show cause notice  
   57.     Application of Division  
   58.     Application to relevant tribunal or court  
   59.     Decision by relevant tribunal or court  
   60.     Licensing Authority to give effect to decision of relevant tribunal or court  
   61.     Powers of authorised officers  
   62.     Offence for failing to produce information or attend before authorised officer  
   63.     Power to require licensee to produce documents  
   64.     Inspection of documents  
   65.     Entering places  
   66.     Application for warrant  
   67.     Issue of warrant  
   68.     Application by electronic communication  
   69.     Procedure before entry under warrant  
   70.     Powers after entering places  
   71.     Offences for failing to comply with requirement under section 70  
   72.     Division applies only to certain licensed occupations  
   73.     Power to stop and search vehicles  
   74.     Seizing evidence at place entered with consent or warrant  
   75.     Seizing evidence from other places  
   76.     Securing evidence  
   77.     Tampering with seized things  
   78.     Receipt for seized things  
   79.     Forfeiture of seized thing  
   80.     Dealing with forfeited things  
   81.     Return of seized things  
   82.     Access to seized things  
   83.     Compensation  
   84.     False or misleading information  
   85.     False or misleading documents  
   86.     Obstructing authorised officers  
   87.     Impersonation of authorised officers  
   88.     Definitions  
   89.     Applying for internal review  
   90.     Internal review  
   91.     Review decision  
   92.     Notice of review decision  
   93.     Appellable decisions  
   94.     Proceedings and decision  
   95.     Functions of Ministerial Council  
   96.     Directions  
   97.     Establishment of Licensing Authority  
   98.     General powers of Licensing Authority  
   99.     Functions of Licensing Authority  
   100.    Consultation  
   101.    Directions  
   102.    Delegation  
   103.    National Occupational Licensing Board  
   104.    Functions of Licensing Board  
   105.    Terms of office of members  
   106.    Remuneration  
   107.    Vacancy in office of member  
   108.    Vacancies to be advertised  
   109.    Extension of term of office during vacancy in membership  
   110.    Members to act in public interest  
   111.    Disclosure of conflict of interest  
   112.    General procedure  
   113.    Quorum  
   114.    Chief executive officer may attend meetings  
   115.    Presiding member  
   116.    Voting  
   117.    First meeting  
   118.    Defects in appointment of members  
   119.    Chief executive officer  
   120.    Functions of chief executive officer  
   121.    Staff  
   122.    Staff seconded to Licensing Authority  
   123.    Powers of authorised officers  
   124.    Functions of authorised officer  
   125.    Appointment of authorised officers  
   126.    Appointment conditions and limits on powers  
   127.    Identity card  
   128.    Production and display of identity card  
   129.    When authorised officer ceases to hold office  
   130.    Resignation  
   131.    Return of identity card  
   132.    Establishment of Advisory Committee  
   133.    Function of Advisory Committee  
   134.    Membership and procedures of Advisory Committee  
   135.    Application of Commonwealth Privacy Act  
   136.    Definition  
   137.    Application of Commonwealth FOI Act  
   138.    Duty of confidentiality  
   139.    Disclosure to jurisdictional regulators and other Commonwealth, State and Territory entities  
   140.    National Registers and records  
   141.    Application of Commonwealth Archives Act  
   142.    National Occupational Licensing Authority Fund  
   143.    Payments into Authority Fund  
   144.    Payments out of Authority Fund  
   145.    Investment by Licensing Authority  
   146.    Financial management duties of Licensing Authority  
   147.    Annual report  
   148.    Strategic and operational plans  
   149.    General duties of persons exercising functions under this Law  
   150.    Application of Commonwealth Ombudsman Act  
   151.    Protection from personal liability for persons exercising functions  
   152.    Limitation on time for starting proceedings  
   153.    Evidentiary certificates  
   154.    Approved forms  
   155.    Extrinsic materials  
   156.    References to laws includes references to instruments made under laws  
   157.    Service of documents  
   158.    Service by post  
   159.    Review of Law  
   160.    National regulations  
   161.    Regulations about licensing, registration and accreditation of persons carrying out licensed occupations  
   162.    Inclusion of new occupations in national regulations  
   163.    Publication of national regulations  
   164.    Parliamentary scrutiny of national regulations  
   165.    Effect of disallowance of national regulation  
           ENDNOTES


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