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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Business Licensing Authority Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Definitions 2
PART 2--BUSINESS LICENSING AUTHORITY 4
4. Establishment of Authority 4
5. Constitution of Authority 4
6. Functions of Authority 5
7. Powers of the Authority 5
8. Consultants 5
9. Role of members 6
10. Procedure of the Authority 6
11. Delegation by Authority 6
12. Director to give effect to decision 6
13. Authority may request Director to investigate matters 6
14. Correcting mistakes 7
15. Registrar and other staff 7
16. Delegation by the Registrar 7
17. Registers 8
18. Secrecy 8
19. Immunity 9
__________________
SCHEDULE--Members of Authority 11
NOTES 14
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PARLIAMENT OF VICTORIA
A BILL
to establish the Business Licensing Authority and for other purposes.
Business Licensing Authority Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to establish and
provide for the operation of the Business
5 Licensing Authority.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
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(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
5 not come into operation before 31 December
1999, it comes into operation on that day.
3. Definitions
In this Act--
"Authority" means the Business Licensing
10 Authority established under Part 2;
"business licensing Act" means--
(a) the Consumer Credit (Victoria) Act
1995; or
(b) the Estate Agents Act 1980; or
15 (c) the Introduction Agents Act 1997; or
(d) the Motor Car Traders Act 1986; or
(e) the Prostitution Control Act 1994; or
(f) the Second-Hand Dealers and
Pawnbrokers Act 1989; or
20 (g) the Travel Agents Act 1986;
"Deputy Registrar" means a Deputy Registrar of
the Authority;
"Director" means the Director of the Office of
Fair Trading and Business Affairs in the
25 Department of Justice;
"Registrar" means the Registrar of the
Authority;
"Tribunal" means Victorian Civil and
Administrative Tribunal established under
30 the Victorian Civil and Administrative
Tribunal Act 1998.
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_______________
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PART 2--BUSINESS LICENSING AUTHORITY
4. Establishment of Authority
(1) There is established a Business Licensing
Authority.
5 (2) The Authority--
(a) is a body corporate with perpetual
succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and
10 personal property;
(d) may sue and be sued in its corporate name;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The common seal of the Authority must be kept in
15 the custody that the Authority directs and must not
be used except as authorised by the Authority.
(4) All courts must take judicial notice of the
common seal of the Authority on a document and
must presume that it was properly sealed.
20 5. Constitution of Authority
(1) The Authority is constituted by one or more
persons appointed by the Governor in Council.
(2) A person is not eligible for appointment as a
member unless he or she is a legal practitioner of
25 not less than 5 years standing.
(3) The Governor in Council must appoint one of the
members of the Authority as the Chairperson of
the Authority.
(4) The Schedule applies to the members of the
30 Authority.
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Act No.
6. Functions of Authority
The functions of the Authority are--
(a) to administer the licensing and registration
provisions of--
5 (i) the Consumer Credit (Victoria) Act
1995;
(ii) the Estate Agents Act 1980;
(iii) the Introduction Agents Act 1997;
(iv) the Motor Car Traders Act 1986;
10 (v) the Prostitution Control Act 1994;
(vi) the Second-Hand Dealers and
Pawnbrokers Act 1989;
(vii) the Travel Agents Act 1986; and
(b) to carry out any other functions conferred on
15 it by this or any other Act.
7. Powers of the Authority
(1) The Authority has power to do anything that is
necessary or convenient to be done for or in
connection with the carrying out of its functions.
20 (2) Without limiting sub-section (1), the Authority
may enter into agreements or arrangements for the
use of the services of any staff of a Department,
statutory authority or other public body.
(3) Without limiting sub-section (1), the Authority, in
25 carrying out its functions, may seek advice and
information on any matter from any person or
body or source it thinks fit.
8. Consultants
(1) The Authority may engage persons with suitable
30 qualifications and experience as consultants.
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(2) An engagement under sub-section (1) may be on
any terms and conditions the Authority considers
appropriate.
9. Role of members
5 Subject to any direction of the Chairperson of the
Authority, the functions and powers of the
Authority may be carried out or exercised by any
member of the Authority.
10. Procedure of the Authority
10 Subject to this Act and to any business licensing
Act, the procedure of the Authority is in its
discretion.
11. Delegation by Authority
Subject to this Act and to any business licensing
15 Act, the Authority may by instrument delegate to
the Registrar, the Deputy Registrar, any person
appointed or employed under the Public Sector
Management Act 1992 or any person referred to
in section 7(2) any of its powers and functions
20 under this Act or a business licensing Act
except--
(a) a power to register any person or to grant a
licence, permission or authority; or
(b) this power of delegation.
25 12. Director to give effect to decision
The Director must take such action (if any) as is
necessary to give effect to a decision of the
Authority under a business licensing Act.
13. Authority may request Director to investigate matters
30 The Authority may request the Director to
investigate a matter arising in the course of the
carrying out of its functions and the Director may
investigate that matter.
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14. Correcting mistakes
The Authority may at any time correct a decision
made by it under this Act or a business licensing
Act if the decision contains--
5 (a) a clerical mistake; or
(b) an error arising from an accidental slip or
omission; or
(c) a material miscalculation of figures or a
material mistake in the description of any
10 person, thing or matter referred to in the
decision; or
(d) a defect of form.
15. Registrar and other staff
(1) There shall be appointed or employed under the
15 Public Sector Management Act 1992--
(a) a Registrar of the Authority; and
(b) such Deputy Registrars and other staff as are
necessary for the purposes of the Authority.
(2) A Deputy Registrar may exercise any of the
20 powers of the Registrar under this Act or a
business licensing Act but is subject to the
directions of the Registrar in exercising those
powers.
(3) All courts must take judicial notice of the official
25 signature of a person who is or has been the
Registrar or Deputy Registrar and of the fact that
that person is or was the Registrar or Deputy
Registrar.
16. Delegation by the Registrar
30 Subject to this Act and to any business licensing
Act and to the direction of the Authority, the
Registrar may by instrument delegate to any
person appointed or employed under the Public
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Sector Management Act 1992 or any person
whose services are used by the Authority under
section 7(2) any of his or her powers and
functions under this Act or a business licensing
5 Act except this power of delegation.
17. Registers
(1) The Registrar may correct an error or omission in
any register kept by the Registrar under a business
licensing Act by--
10 (a) inserting an entry; or
(b) amending an entry; or
(c) omitting an entry--
if he or she decides that the correction is
necessary.
15 (2) A certificate purporting to be signed by the
Registrar certifying as to any matter relating to the
contents of a register kept by the Registrar under a
business licensing Act is evidence of that matter.
(3) The Director may, at any time, free of charge,
20 inspect a register kept by the Registrar under a
business licensing Act and make a copy of, or take
an extract from, that register.
18. Secrecy
(1) This section applies to every person who is or has
25 been a member of the Authority, the Registrar, a
Deputy Registrar, a member of the other staff
assisting the Authority, a person whose services
are used by the Authority under section 7(2) or a
person engaged under section 8.
30 (2) A person to whom this section applies must not,
either directly or indirectly, make a record of, or
disclose or communicate to any person, any
information concerning the affairs of any person
acquired by reason of the office or employment
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Act No.
under or for the purposes of this Act or a business
licensing Act.
Penalty: 5 penalty units.
(3) Despite sub-section (2), a person to whom this
5 section applies may--
(a) make a record of, or disclose or
communicate any information referred to in
that sub-section--
(i) in any legal proceedings under this Act
10 or any of the business licensing Acts; or
(ii) in the performance of a duty under or in
connection with this Act or any of the
business licensing Acts;
(b) divulge or communicate any information
15 referred to in that sub-section to--
(i) the Director; or
(ii) the Tribunal; or
(iii) a member of the police force for the
purposes of reporting a suspected
20 offence or assisting in the investigation
of a suspected offence; or
(iv) a member of the police force who is
performing a duty under or in
connection with any Act; or
25 (v) a prescribed person who is, or a
prescribed body which is, performing a
duty under or in connection with any
Act; or
(vi) with the consent of the person to whom
30 the information relates, to any other
person.
19. Immunity
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(1) A member of the Authority is not personally liable
for anything done or omitted to be done in good
faith--
(a) in the exercise of a power or the discharge of
5 a duty under this Act or a business licensing
Act or a regulation under that Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act or a
10 business licensing Act or a regulation under
that Act.
(2) Any liability resulting from an act or omission
that would but for sub-section (1) attach to a
member of the Authority attaches instead to the
15 Authority.
__________________
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Business Licensing Authority Act 1998
Sch.
Act No.
SCHEDULE
MEMBERS OF AUTHORITY
1. Terms of appointment
(1) A member--
5 (a) holds office for the term, not exceeding 5 years,
specified in his or her instrument of appointment;
(b) is eligible for re-appointment;
(c) is entitled to be paid the remuneration and allowances
(if any) fixed in respect of him or her by the Governor
10 in Council.
(2) The Governor in Council may, in the instrument of
appointment of a member, specify terms and conditions of
appointment.
(3) The Public Sector Management Act 1992 (including
15 Part 9) does not apply to a member in respect of the office
of member (except in accordance with Part 8).
2. Resignation
A member may resign from office by delivering to the
Governor a signed letter of resignation.
20 3. Termination of office
(1) The office of a member becomes vacant if he or she--
(a) becomes an insolvent under administration; or
(b) is convicted of an offence punishable by
imprisonment for 12 months or more; or
25 (c) becomes a represented person within the meaning of
the Guardianship and Administration Act 1986; or
(d) is removed or resigns from office.
(2) The Governor in Council may remove a member from
office--
30 (a) for misbehaviour; or
(b) if the member becomes incapable of performing the
duties of his or her office.
4. Acting Chairperson
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Act No.
(1) If the Chairperson is ill or absent or is unable to perform the
duties of Chairperson, the Governor in Council may appoint
another member to act for the Chairperson during the illness
or absence or period of inability, as the case requires.
5 (2) A person appointed to act for the Chairperson while so
acting--
(a) has all the powers and may perform all the duties of
the Chairperson; and
(b) is entitled to be paid the remuneration and allowances
10 (if any) to which the Chairperson would have been
entitled for performing those duties; and
(c) subject to this clause, is subject to the same terms and
conditions of appointment as the Chairperson.
5. Acting appointments--members
15 (1) If a member is ill or absent or is unable to perform the duties
of his or her office, the Governor in Council may appoint a
person to act for that member during the illness or absence
or the period of inability, as the case requires.
(2) A person appointed to act for a member while so acting--
20 (a) has all the powers and may perform all the duties of
the member for whom he or she is acting; and
(b) is entitled to be paid the remuneration and allowances
(if any) to which the member for whom he or she is
acting would have been entitled for performing those
25 duties; and
(c) is subject to the same terms and conditions of
appointment as the member for whom he or she is
acting.
6. Decision not invalid by reason of vacancy etc.
30 An act or decision of the Authority is not invalid only
because--
(a) of a defect or irregularity in the appointment of a
member or acting member; or
(b) the occasion for the appointment of an acting member
35 had ceased to exist.
7. Disclosure of interest by members
(1) If a member of the Authority has a direct or indirect
pecuniary interest in a matter which is about to be or is
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Act No.
being considered by the Authority, the member must as
soon as possible after the relevant facts come to his or her
knowledge disclose the nature of the interest--
(a) to the Minister, in the case of the Chairperson; or
5 (b) to the Chairperson, in the case of any other member.
(2) A member who has disclosed a pecuniary interest in a
matter under sub-clause (1) must not consider or decide or
take any further part in the consideration or decision of the
matter before the Authority.
10 (3) An act or decision of the Authority is not invalid merely
because a member contravenes sub-clause (1) or (2).
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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