COMMERCIAL AND PRIVATE AGENTS LICENSING AMENDMENT BILL 2000 Second Reading Speech

Northern Territory Second Reading Speeches

COMMERCIAL AND PRIVATE AGENTS LICENSING AMENDMENT BILL 2000

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Mr Deputy Speaker, I move that the bill be now read a second time.

I am introducing this bill to the House today as part of the government’s intention to rationalise the management of legislation to improve efficiency gains in this area of government’s administration. In addition, the legislation has been reviewed in light of our National Competition Policy obligations. The bill also seeks to enhance the one-stop shop concept that has been put in place through the introduction of Territory Business Centres by the Department of Industries and Business.

The administration of this legislation has previously been managed by the Northern Territory Attorney-General’s Department and this is now been changed through an adjustment to the Administrative Arrangement Order which moves this responsibility to my portfolio of Industries and Business where it more correctly belongs. The bill in most respects makes only marginal changes to the thrust of the principal act however it does make a number of changes to the way it will be administered.

As honourable members may be aware the legislation covering Commercial and Private Agencies Licensing prior to the introduction of this amendment bill was essentially controlled by the courts. The legislation of course covers such persons as commercial agents, enquiry agents, private bailiffs and process servers, all of whom can be in business in their own right. The function of the courts is to dispense justice and resolve disputation. Therefore, as previously stated, responsibility has been removed from them and aligned more correctly with the Department of Industries and Business. The bill places the ultimate responsibility for the regulation of Commercial and Private Agents on the Commissioner for Consumer Affairs. Many of the changes introduced in the bill are to ensure that this responsibility is clearly put in place. It also gives the Commissioner the tools to undertake this task. The bill also dispenses with the indefinite licence period and introduces three year license terms. This will provide the Commissioner with a mechanism with which to periodically review the performance of persons operating under the legislation. Power to issue or refuse to issue, suspend, cancel, vary or place conditions on a licensee will now also properly rest with the Commissioner for Consumer Affairs.

The legislation does, of course, provide for the appeals against decisions of the Commissioner, not to grant a licence and these will be heard by the Local Court. The legislation also provides a sunset clause to address the issues of those persons who currently hold indefinite period licences. Current licences will expire 1 year from the commencement of this legislation.

The final issue that I wish to draw the attention of the honourable members to is that we have reviewed the level of penalties applying to the legislation to a more realistic level and introduced the concept of penalty units. Mr Speaker, I commend the bill to honourable members.

Debate adjourned.

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