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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 157
Red Tape
Reduction (Miscellaneous Amendments) Bill
2016
Mr
Styles
A Bill for an Act to amend various laws for red tape reduction, and for related purposes
NORTHERN TERRITORY OF AUSTRALIA
RED TAPE REDUCTION (MISCELLANEOUS AMENDMENTS) ACT 2016
____________________
Act No. [ ] of 2016
____________________
Table of provisions
31AA Notification
of change of
circumstance
8D Period
of auctioneer's
licence
8HA Notification
of change of circumstance
14 Term
and renewal of
licence
Part 9 Transitional
matters for Red Tape Reduction (Miscellaneous Amendments) Act 2016
48 Definitions
49 Term and renewal of existing licence
50 Existing application
Schedule 2 Prescribed fees
13 Licence fee
Part 2B Wholesaler of liquor registration
5C Fee for registration period
Part 10 Transitional matter for Red Tape Reduction (Miscellaneous Amendments) Act 2016
36 Application for renewal of licence
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2016
____________________
An Act to amend various laws for red tape reduction, and for related purposes
[Assented to [ ] 2016]
[Second reading [ ] 2016]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Red Tape Reduction (Miscellaneous Amendments) Act 2016.
This Act commences on the day fixed by the Administrator by Gazette notice.
Division
1 Agents Licensing
Act
3 Act
amended
This Division amends the Agents Licensing Act.
Section 26
omit
all words from "shall be:" to "fee; and"
insert
must be:
(a) in a form approved by the Board in which the person specifies a licence period of 1 year, 3 years or 5 years; and
(ab) accompanied by the prescribed fee for the licence period specified in the application; and
Section 27
omit
all words from "shall be:" to "fee; and"
insert
must be:
(a) in a form approved by the Board:
(i) in which the applicant specifies a licence period of 1 year, 3 years or 5 years; and
(ii) that is signed by one of the directors of the company or one of the persons by whom the firm is constituted (as applicable); and
(ab) accompanied by the prescribed fee for the licence period specified in the application; and
(1) Section 29(1), (3) and (4)
omit
shall
insert
must
(2) Section 29(1)(a)
omit, insert
(a) must grant the application for the licence period it specifies and authorise the issue of the licence for that period; or
After section 31
insert
31AA Notification of change of circumstance
(1) A person who holds a licence must, within 14 days after a change in a circumstance relevant to the person's licensing, notify the Board of the change.
Maximum penalty: 100 penalty units.
(2) For subsection (1), a circumstance is relevant to the person's licensing if:
(a) it is a circumstance mentioned in section 20(2) or (4) that, if it had occurred before the application for the licence had been made, would have resulted in the person being a disqualified person under section 20; or
(b) in relation to a licence mentioned in section 22(1)(d) – the person is no longer insured or exempt as described in that provision.
Note for section 31AA
Regulation 22 of the Agents Licensing Regulations provides for other matters to be notified.
(1) Section 32(1) and (2)
omit, insert
(1) A licence takes effect from the date on which it is granted and, subject to this Act, continues in force for the licence period it specifies.
(2) An application for the renewal of a licence must:
(a) be lodged with the Registrar; and
(b) be in a form approved by the Board; and
(c) specify a further licence period of 1 year, 3 years or 5 years; and
(d) be accompanied by the prescribed fee for the licence period specified in the application.
(2) Section 32(4)
omit
shall continue in force for a period of 12 months
insert
continues in force for the licence period specified in the application for renewal, and in the licence issued on renewal,
(3) Section 32(5)(a)
omit
shall
insert
does
(4) Section 32(5)(b)
omit
shall
insert
must
Division
2 Auctioneers
Act
9 Act
amended
This Division amends the Auctioneers Act.
Section 3
insert (in alphabetical order)
prescribed fee means a fee prescribed under section 3AB.
Section 5(2) and (3)
omit, insert
(2) An application for an auctioneer's licence must specify:
(i) a licence period of 1 year, 3 years or 5 years; and
(ii) the applicant's full name and business address; and
(iii) any other matters as approved.
(3) The application must be accompanied by the prescribed fee for the licence period specified in the application.
(4) If the application is refused, the prescribed fee must be refunded to the applicant.
Section 6(2)
omit, insert
(2) An application for the renewal of an auctioneer's licence must specify:
(a) a licence period of 1 year, 3 years or 5 years; and
(b) any other matters as approved.
(3) The application must be accompanied by the prescribed fee for the licence period specified in the application.
(4) If the application is refused, the prescribed fee must be refunded to the applicant.
Section 8D
repeal, insert
8D Period of auctioneer's licence
An auctioneer's licence, unless sooner cancelled or suspended, remains in force:
(a) from the date on which it is granted until the end of the licence period specified in the application for the licence; or
(b) if the licence is renewed – from the date of renewal until the end of the licence period specified in the application for renewal.
After section 8H
insert
8HA Notification of change of circumstance
(1) A person who holds a licence must, within 14 days after a change in a circumstance relevant to the person's licensing, notify the Minister of the change.
Maximum penalty: 0.8 penalty units.
(2) For subsection (1), a circumstance is relevant to the person's licensing if:
(a) it is a change in the person's name, address or place of business; or
(b) the person is adjudicated to be a bankrupt.
Division
3 Commercial and Private Agents Licensing
Act
15 Act
amended
This Division amends the Commercial and Private Agents Licensing Act.
(1) Section 3(1), definition licence period
omit
(2) Section 3(1)
insert (in alphabetical order)
prescribed means prescribed by regulation.
After section 7(4)(a)
insert
(ab) specify a licence period of 3 or 5 years; and
Section 14
repeal, insert
14 Term and renewal of licence
(1) A licence granted by the Commissioner, if issued under section 17A, has effect for the licence period specified in the application for the grant of the licence.
(2) A licence issued under section 17A may be renewed in accordance with section 17D.
Section 16(1)(a), after "prescribed"
insert
licence
(1) Section 17A(1) and (2), after "prescribed"
insert
licence
(2) Section 17A(3)
omit, insert
(3) The licence issued to the person must state the licence period for which it has effect.
(4) For subsection (3), the licence period:
(a) is the licence period specified in the application for the grant of the licence; and
(b) starts on the day on which the licence is issued.
Section 17B(a)
omit, insert
(a) until the end of the licence period specified in the licence; or
(1) Section 17D(1)
omit
all words from "during" to "licence,"
insert
after the end of the licence period specified in the agent's licence,
(2) Section 17D(2)
omit
commencement of that
insert
end of the current
After section 47
insert
Part 9 Transitional matters for Red Tape Reduction (Miscellaneous Amendments) Act 2016
In this Part:
amending provision means Part 2, Division 3 of the Red Tape Reduction (Miscellaneous Amendments) Act 2016.
commencement means the commencement of the amending provision.
existing application means an application for the grant or renewal of a licence that, immediately before the commencement, had not been decided.
existing licence means a licence in force immediately before the commencement.
49 Term and renewal of existing licence
(1) The term of an existing licence is the term that has effect in accordance with section 14 of this Act, as in force immediately before the commencement.
(2) However, an agent may apply for the renewal of the agent's existing licence for a term of 3 or 5 years in accordance with section 17D as in force after the commencement as if the existing licence had been issued after the commencement.
(1) If the Commissioner decides to grant or renew a licence the subject of an existing application, this Act, as in force immediately before the commencement, continues to apply in relation to the grant, renewal and issue of the licence as if the amending provision had not commenced.
(2) The prescribed fee payable by the applicant before the licence is issued is the fee that would have been payable under section 16 if the amending provision had not commenced.
(3) An agent to whom a licence the subject of an existing application is issued may apply for the renewal of the licence, for a term of 3 or 5 years, in accordance with section 17D as in force after the commencement.
Division
4 Liquor
Act
24 Act
amended
This Division amends the Liquor Act.
Section 113A(3) and (4)
omit, insert
(3) A person may lodge with the Director-General an application for registration as a wholesaler of liquor.
(4) The person's application must:
(a) be in the approved form; and
(b) specify a registration period of 1 year, 3 years or 5 years; and
(c) be accompanied by:
(i) any other documents, samples or things the Director-General requires; and
(ii) the prescribed fee for the registration period specified in the application.
(4A) On receipt of the person's application, the Director-General must record the following in the register of wholesalers of liquor:
(a) the person's details;
(b) the registration period, as specified in the application, that starts on the date of registration.
Division
5 Tobacco Control
Act
26 Act
amended
This Division amends the Tobacco Control Act.
(1) Section 29(1)(b)
omit, insert
(b) is to specify:
(i) the premises to which the application relates; and
(ii) a licence period of 1 year, 3 years or 5 years; and
(2) Section 29(2), after "grant"
insert
of
(3) Section 29(2)(a), before "subject"
insert
for the licence period specified in the application,
Section 32(1)(a)
omit, insert
(a) the end of the licence period;
Division
6 Water
Act
29 Act
amended
This Division amends the Water Act.
Section 57(3)
omit
all words from "shall" to "months"
insert
must be granted for a period, not exceeding 2 years
Part 3 Amendment of Regulations
Division
1 Agents Licencing
Regulations
31 Regulation
amended
This Division amends the Agents Licencing Regulations.
Regulation 3, definition criminal history
omit
(1) Regulation 6(a)(iii)
omit, insert
(iii) a national police certificate for the individual;
(2) Regulation 6(b)(iii)
omit, insert
(iii) a national police certificate for each director mentioned in subparagraph (i);
(3) Regulation 6(c)(iii)
omit, insert
(iii) a national police certificate for each partner mentioned in subparagraph (i);
Regulation 8(b)(iii)
omit, insert
(iii) a national police certificate for each Director mentioned in subparagraph (i);
Schedule 2
omit, insert
regulation 23
______________________________________________________________
1 Section 5A of the Act – application to the Board for exemption from provisions of Act (other than as part of grant of restricted licence or certificate) – 230 revenue units.
______________________________________________________________
2 Section 26(ab) or 27(ab) of the Act – application for the grant of any of the following:
(a) provisional real estate agent's licence;
(b) provisional business agent's licence;
(c) real estate agent's licence;
(d) business agent's licence.
Licence period of 1 year – 619 revenue units.
Licence period of 3 years – 1 857 revenue units.
Licence period of 5 years – 3 095 revenue units.
______________________________________________________________
3 Section 26(ab) or 27(ab) of the Act – application for the grant of either of the following:
(a) restricted real estate agent's licence;
(b) restricted business agent's licence.
Licence period of 1 year – 620 revenue units.
Licence period of 3 years – 1 860 revenue units.
Licence period of 5 years – 3 100 revenue units.
______________________________________________________________
4 Section 26(ab) or 27(ab) of the Act – application for the grant of any of the following:
(a) conveyancing agent's licence;
(b) both provisional real estate agent's licence and provisional business agent's licence;
(c) both real estate agent's licence and business agent's licence.
Licence period of 1 year – 715 revenue units.
Licence period of 3 years – 2 145 revenue units.
Licence period of 5 years – 3 575 revenue units.
______________________________________________________________
5 Section 32(2)(d) of the Act – application for renewal of any of the following:
(a) provisional real estate agent's licence;
(b) provisional business agent's licence;
(c) real estate agent's licence;
(d) business agent's licence.
Licence period of 1 year – 619 revenue units.
Licence period of 3 years – 1 857 revenue units.
Licence period of 5 years – 3 095 revenue units.
______________________________________________________________
6 Section 32(2)(d) of the Act – application for renewal of either of the following:
(a) restricted real estate agent's licence;
(b) restricted business agent's licence.
Licence period of 1 year – 620 revenue units.
Licence period of 3 years – 1 860 revenue units.
Licence period of 5 years – 3 100 revenue units.
______________________________________________________________
7 Section 32(2)(d) of the Act – application for renewal of any of the following:
(a) conveyancing agent's licence;
(b) both provisional real estate agent's licence and provisional business agent's licence;
(c) both real estate agent's licence and business agent's licence.
Licence period of 1 year – 715 revenue units.
Licence period of 3 years – 2 145 revenue units.
Licence period of 5 years – 3 575 revenue units.
______________________________________________________________
8 Section 41(1) of the Act – registration as an agent's representative and issue of certificate of registration:
(a) restricted registration – 135 revenue units or 1/12th of that amount for each whole month for which the certificate is issued for the period between the date of registration and the date on which the annual fee is payable; or
(b) registration (unrestricted) – 153 revenue units or 1/12th of that amount for each whole month for which the certificate is issued for the period between the date of registration and the date on which the annual fee is payable.
______________________________________________________________
9 Section 43A of the Act – annual fee for registered agent's representative:
(a) restricted registration – 135 revenue units; or
(b) registration (unrestricted) – 153 revenue units.
______________________________________________________________
10 Section 81(7) of the Act – copy of transcript of evidence at an inquiry held by the Board:
(a) $8 per page; or
(b) 34 revenue units per disk.
______________________________________________________________
Division
2 Commercial and Private Agents Licensing
Regulations
36 Regulation
amended
This Division amends the Commercial and Private Agents Licensing Regulations.
Regulation 13
repeal, insert
The prescribed licence fee to be paid before a licence is issued under section 17A of the Act is as follows:
(a) for a licence period of 3 years – 100 revenue units;
(b) for a licence period of 5 years – 166 revenue units.
Division
3 Liquor
Regulations
38 Regulation
amended
This Division amends the Liquor Regulations.
After regulation 5B
insert
Part 2B Wholesaler of liquor registration
5C Fee for registration period
The prescribed fee for section 113A(4)(c)(ii) of the Act is as follows:
(a) for the registration period of 1 year – $20;
(b) for the registration period of 3 years – $60;
(c) for the registration period of 5 years – $100.
Division
4 Tobacco Control
Regulations
40 Regulation
amended
This Division amends the Tobacco Control Regulations.
(1) Regulation 25(1)
omit
all words from "criminal" to "Police,"
insert
national police certificate
(2) Regulation 25(2)
omit
an amount equal to 200 revenue units.
insert
as follows:
(a) for the licence period of 1 year – 200 revenue units;
(b) for the licence period of 3 years – 600 revenue units;
(c) for the licence period of 5 years – 1 000 revenue units.
(1) Regulation 25A(1)
omit
all words from "criminal" to "Police,"
insert
national police certificate
(2) Regulation 25A(2)
omit
Subsection
insert
Subregulation
(3) Regulation 25A(2)(a)
omit
all words from "criminal" to "Police"
insert
national police certificate about the manager has been provided to the Director–General
(4) Regulation 25A(2)(c)(i)
omit
criminal history report
insert
national police certificate
(5) Regulation 25A(3)
omit
an amount equal to 200 revenue units.
insert
as follows:
(a) for the licence period of 1 year – 200 revenue units;
(b) for the licence period of 3 years – 600 revenue units;
(c) for the licence period of 5 years – 1 000 revenue units.
Regulation 26
omit
all words from "criminal" to "Police"
insert
national police certificate
After regulation 35
insert
Part 10 Transitional matter for Red Tape Reduction (Miscellaneous Amendments) Act 2016
36 Application for renewal of licence
(1) The former provision continues to apply in relation to an application for the renewal of a tobacco retailer licence made after the commencement if, within the 5 years preceding the making of the application, the Director-General had been provided with a criminal history report.
(2) In this section:
commencement means the commencement of Part 3, Division 4 of the Red Tape Reduction (Miscellaneous Amendments) Act 2016.
criminal history report means a criminal history report mentioned in the former provision.
former provision means regulation 25A(2)(a) as in force immediately before the commencement.
Part 4 Expiry
of
Act
45 Expiry
of Act
This Act expires on the day after it commences.
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