OCCUPATIONAL LICENSING NATIONAL LAW ACT 2010 (NO. 66 OF 2010)
Table of Provisions
PART 1--PRELIMINARY
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