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BUSINESS LICENCES BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are as follows:
(a) to improve business efficiency and government administration and to reduce
costs by the co-ordination and consolidation of business licensing systems;
(b) to provide a centralised facility for business organisations to obtain licences
required for the conduct of their businesses;
(c) to avoid duplication by government agencies in the collection, storage and
processing of licensing and other information;
(d) to enable business organisations and government agencies to utilise the
centralised licensing facility for the provision of services required to conduct
businesses or for government administration;
(e) to ensure that licensing authorities retain their principal responsibilities,
such as their responsibility within the centralised licensing facility for
determining whether particular licences should be granted and their
responsibility for the enforcement of licensing requirements.
PART 1 -- PRELIMINARY
This Part contains:
Clause 1 -- short title;
Clause 2 -- commencement;
Clause 3 -- definitions; and
Clause 4 -- objects of proposed Act.
Business Licences 1990
PART 2 - BUSINESS LICENCES TO WHICH ACT APPLIES
Clause 5 provides that the proposed Act applies to the licences specified in
Schedule 1.
Clause 6 requires those licences to be granted and renewed as component licences
of a master licence under the proposed Act.
PART 3 - NATURE AND EFFECT OF MASTER AND COMPONENT
Clause 7 defines a master licence as a licence under the proposed Act which
comprises 1 or more component licences.
Clause 8 provides that a component licence is taken to be a licence under the
relevant licensing Act.
Clause 9 provides that the Director of Business Licences ("the Director") acts on
behalf of the relevant licensing authority when granting or exercising other functions
relating to a component licence.
PART 4 - GRANT ETC. OF LICENCES
Division 1 -- Provisions relating to applications
Clause 10 requires applications for the grant of component licences in a master
licence to be made to the Director.
Clause 11 enables applications to be made to the Director for the grant of
additional component licences or the renewal, transfer or amendment of component
licences.
Clause 12 deals with the form and lodgment of applications.
Clause 13 deals with the particulars and documents that are required to
accompany an application.
Clause 14 requires applications to be dealt with in accordance with the relevant
licensing Act.
Clause 15 provides that applications are to be dealt with by the Director.
However, the Director may only grant or refuse an application if authorised to do
so by the licensing authorities concerned, either generally or in the particular case.
Clause 16 provides for the automatic renewal of component licences of fixed
duration on payment of any relevant licence fee and the provision of any requisite
information. An application for renewal is necessary in any case required by the
relevant licensing authority.
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Clause 17 specifies the types of fees payable under the proposed Act, namely
(a) application fees; and
(b) licence fees for the grant or renewal of component licences; and
(c) periodic licence fees to maintain component licences of indefinite duration
in force; and
(d) special fees for particular services.
Clause 18 authorises the Minister to fix, by order published in the Gazette, the
matters for which fees are payable, the amount of those fees and other associated
matters. However, any such order is to be in accordance with the requirements of the
relevant licensing authorities and may be disallowed by either House of Parliament.
Clause 19 requires the relevant application fee to accompany an application.
Clause 20 requires the relevant licence fee to be paid for the grant or renewal of
a licence.
Clause 21 requires the relevant periodic licence fee to be paid and information
supplied (in the case of a component licence of indefinite duration) in order to
maintain the licence in force.
Clause 22 provides for the adjustment of fees on the amendment of a licence.
Clause 23 requires the payment of fees for certain special matters.
Clause 24 provides that fees (other than special fees) collected by the Director are
to be forwarded to the relevant licensing authorities.
Clause 25 provides that the proposed Act does not apply to licence fees for
petroleum or tobacco business franchise licences (those fees are to continue to be
assessed and collected under the licensing Act).
Division 3 -- Provisions relating to licences
Clause 26 deals with the form of master licences.
Clause 27 provides that a person may hold more than 1 master licence but enables
the Director to ensure, in appropriate cases, that only 1 master licence is held.
Clause 28 preserves the power conferred under a licensing Act for the imposition
of conditions on component licences and authorises the Director to impose
conditions relating to the centralised licensing facility.
Clause 29 relates to the period during which a licence remains in force.
Clause 38 ensures that component licences expire on a common day of a year or
require the payment of periodic licence fees on a common day.
Clause 31 enables the issue of master licences jointly to 2 or more persons.
Clause 32 preserves any power conferred under a licensing Act for the
cancellation or suspension of component licences.
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Clause 34 requires master licences to be returned to the Director if they are
cancelled, suspended or expire or are to be replaced.
Clause 35 requires the holders of master licences to furnish information to the
Director about changes in the particulars of the licences.
Clause 36 provides for the issue of duplicate master licences.
Clause 37 provides for the issue of documents evidencing a component licence for
the purpose of its exhibition, carriage or production by the holder of the licence.
Clause 38 empowers a licensing authority to inspect the records held by the
Director in relation to licences administered by the authority.
Clause 39 makes it an offence to make false or misleading statements in or in
connection with applications for licences.
PART 5 -- DIRECTOR OF BUSINESS LICENCES
Clause 40 provides that the Managing Director of Business and Consumer Affairs
is to be the Director of Business Licences and is to be subject to Ministerial control.
Clause 41 enables the Director to delegate his or her functions.
Clause 42 enables the Director to use the staff or facilities of other government
agencies.
Clause 43 provides for arrangements between the Director and licensing
authorities concerning the administration of business licences. The arrangements
may, in particular, deal with the circumstances in which the Director is authorised
to grant component licences and with the reimbursement of the Director's costs. In
the absence of agreement as to reimbursement, the Director is authorised to
determine the costs to be paid by licensing authorities.
Clause 44 enables the Director to utilise the staff and facilities of the Director to
provide commercial and other services to government agencies or other persons. The
services include the administration of other licensing systems, the collection or
storage of data and the use of information (such as mailing lists).
Clause 45 enables the Director to contract for the supply of services required to
exercise his or her functions.
PART 6 -- MISCELLANEOUS
Clause 46 makes it an offence for the Director or others engaged in the
administration of the proposed Act to unlawfully disclose information obtained
under the proposed Act.
Clause 47 authorises the exchange of information between the Director and
licensing authorities in appropriate Circumstances.
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Clause 49 enables the Director to recover fees etc owed to the Director.
Clause 50 provides that proceedings for offences under the proposed Act are to
be dealt with in a summary manner.
Clause 51 empowers the making of regulations.
Clause 52 is a formal provision which gives effect to the Schedule of savings and
transitional provisions.
Clause 53 is a formal provision which gives effect to the Schedule of amendments
to other Acts.
Schedule 1 lists the licences to which the proposed Act applies.
Schedule 2 enacts savings and transitional provisions, including:
(a) savings and transitional regulations (clause 1);
(b) provision for licensing authorities to continue to administer licences under
the licensing Act pending their incorporation into master licences under the
proposed Act (clause 2);
(c) provision for the continuation of existing licences (clause 3);
(d) special provision relating to petroleum or tobacco business franchise
licences.
Schedule 3 contains consequential amendments to the following Acts:
Bread Act 1969
Business Franchise Licences (Petroleum Products) Act 1987
Business Franchise Licences (Tobacco) Act 1987
Dangerous Goods Act 1975
Factories, Shops and Industries Act 1962
Motor Dealers Act 1974
Motor Vehicle Repairs Act 1980
Traffic Act 1909
Travel Agents Act 1986.
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