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This is a Bill, not an Act. For current law, see the Acts databases.


OCCUPATIONAL LICENSING NATIONAL LAW (WA) BILL 2010

                    Western Australia


Occupational Licensing National Law (WA)
                Bill 2010

                       CONTENTS


      Part 1 -- Preliminary
 1.   Short title                                       2
 2.   Commencement                                      2
 3.   Terms used                                        2
      Part 2 -- Application of Occupational
           Licensing National Law
 4.   Application of Occupational Licensing National
      Law                                               3
 5.   Amendments to Schedule                            3
 6.   Exclusion of legislation of this jurisdiction     3
 7.   Relevant tribunal or court                        4
 8.   Parliamentary scrutiny of national regulations    4
 9.   Regulations                                       5
      Schedule -- Occupational Licensing
          National Law
      Part 1 -- Preliminary
 1.   Short title                                       6
 2.   Commencement                                      6
 3.   Objectives                                        6
 4.   Definitions                                       7
 5.   Interpretation generally                         10
 6.   Single national entity                           10
 7.   Extraterritorial operation of Law                11
 8.   Law binds the State                              11



                         166--2                         page i
Occupational Licensing National Law (WA) Bill 2010



Contents



              Part 2 -- Licensing
              Division 1 -- Licensed occupations and scope of
                     work
      9.      Offence for individual to carry out prescribed work
              unless licensed or exempt                              12
      10.     Offence for body corporate or partnership to enter
              into contract for prescribed work unless licensed or
              exempt                                                 12
      11.     Offence to advertise or offer to do prescribed work
              unless licensed or exempt                              13
      12.     Offence to hold out unlicensed person as being
              licensed                                               14
      13.     Injunction stopping person from engaging in
              conduct in contravention of Law or national
              regulations                                            15
      14.     Licensee must not lend or otherwise allow use of
              licence by another person                              16
              Division 2 -- Application for licence
      15.     Who may apply for a licence                            17
      16.     Application for licence                                17
      17.     Licensing Authority may require further
              information or document                                18
              Division 3 -- Eligibility for licence
      18.     Eligibility for licence                                18
      19.     Personal probity                                       19
      20.     Financial probity                                      20
      21.     Excluded person                                        21
              Division 4 -- Decision about application for licence
      22.     Decision about application                             23
      23.     Notice of decision to be given to applicant            23
      24.     Failure to decide application                          23
              Division 5 -- Licences
      25.     Form of licence                                        23
      26.     Period of licence                                      24
      27.     Conditions                                             24
      28.     Change in details or circumstances                     24
      29.     Return of licence                                      24
      30.     Licence not transferrable                              25



page ii
              Occupational Licensing National Law (WA) Bill 2010



                                                               Contents



      Division 6 -- Renewal, restoration, variation and
             surrender of licences
      Subdivision 1 -- Renewal of licences
31.   Application for renewal of licence                         25
32.   Licensing Authority may require further
      information or document                                    26
33.   Eligibility for renewal of licence                         26
34.   Licence continues in force until application
      decided                                                    26
      Subdivision 2 -- Restoration of licences
35.   Application for restoration of licence                     26
36.   Licensing Authority may require further
      information or document                                    27
37.   Eligibility for restoration of licence                     27
38.   Licence continues in force until application
      decided                                                    28
39.   Period of restored licence                                 28
      Subdivision 3 -- Variation of licences on application
            of licensees
40.   Application for variation of licence                       28
41.   Eligibility for variation of licence                       28
      Subdivision 4 -- Variation of licences on initiative of
            Licensing Authority
42.   Varying licence on Licensing Authority's initiative        29
      Subdivision 5 -- Surrender of licences
43.   Surrender of licence                                       30
      Subdivision 6 -- Revocation of licences
44.   Revocation of licence                                      30
      Subdivision 7 -- Replacement of licence
45.   Replacement of licence                                     30
      Part 3 -- Disciplinary proceedings and action
      Division 1 -- Preliminary
46.   Part applicable to former licensees                        31
47.   Meaning of disciplinary action                             31
      Division 2 -- Grounds for disciplinary action
48.   Grounds for disciplinary action                            32
      Division 3 -- Immediate suspension
49.   Grounds for immediate suspension                           33


                                                                page iii
Occupational Licensing National Law (WA) Bill 2010



Contents



      50.     Immediate suspension of licence                      34
              Division 4 -- Show cause process
      51.     Application of Division                              35
      52.     Show cause notice                                    35
      53.     Representations about show cause notice              36
      54.     Decision about whether to take disciplinary action   36
      55.     Ending show cause process without further action     36
      56.     Taking disciplinary action after show cause notice   36
              Division 5 -- Disciplinary proceedings before
                     tribunal or court
      57.     Application of Division                              37
      58.     Application to relevant tribunal or court            38
      59.     Decision by relevant tribunal or court               38
      60.     Licensing Authority to give effect to decision of
              relevant tribunal or court                           38
              Part 4 -- Monitoring and enforcement
              Division 1 -- Power to obtain information
      61.     Powers of authorised officers                        38
      62.     Offence for failing to produce information or
              attend before authorised officer                     39
      63.     Power to require licensee to produce documents       40
      64.     Inspection of documents                              40
              Division 2 -- Power to enter places
      65.     Entering places                                      41
      66.     Application for warrant                              42
      67.     Issue of warrant                                     42
      68.     Application by electronic communication              43
      69.     Procedure before entry under warrant                 44
      70.     Powers after entering places                         45
      71.     Offences for failing to comply with requirement
              under section 70                                     46
              Division 3 -- Power to stop and search vehicles
      72.     Division applies only to certain licensed
              occupations                                          46
      73.     Power to stop and search vehicles                    47
              Division 4 -- Power to seize evidence
      74.     Seizing evidence at place entered with consent or
              warrant                                              48
      75.     Seizing evidence from other places                   48


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               Occupational Licensing National Law (WA) Bill 2010



                                                          Contents



76.    Securing evidence                                    49
77.    Tampering with seized things                         49
78.    Receipt for seized things                            50
79.    Forfeiture of seized thing                           50
80.    Dealing with forfeited things                        51
81.    Return of seized things                              51
82.    Access to seized things                              51
       Division 5 -- General
83.    Compensation                                         51
84.    False or misleading information                      52
85.    False or misleading documents                        52
86.    Obstructing authorised officers                      53
87.    Impersonation of authorised officers                 53
       Part 5 -- Reviews and Appeals
       Division 1 -- Preliminary
88.    Definitions                                          53
       Division 2 -- Reviews
89.    Applying for internal review                         54
90.    Internal review                                      54
91.    Review decision                                      55
92.    Notice of review decision                            55
       Division 3 -- Appeals
93.    Appellable decisions                                 56
94.    Proceedings and decision                             57
       Part 6 -- Ministerial Council
95.    Functions of Ministerial Council                     57
96.    Directions                                           57
       Part 7 -- National Occupational Licensing
             Authority
       Division 1 -- Establishment, functions and powers
97.    Establishment of Licensing Authority                 58
98.    General powers of Licensing Authority                58
99.    Functions of Licensing Authority                     58
100.   Consultation                                         60
101.   Directions                                           60
102.   Delegation                                           60




                                                           page v
Occupational Licensing National Law (WA) Bill 2010



Contents



              Division 2 -- Governing Board of Licensing
                     Authority
              Subdivision 1 -- Establishment and functions
      103.    National Occupational Licensing Board           61
      104.    Functions of Licensing Board                    61
              Subdivision 2 -- Members
      105.    Terms of office of members                      62
      106.    Remuneration                                    62
      107.    Vacancy in office of member                     62
      108.    Vacancies to be advertised                      63
      109.    Extension of term of office during vacancy in
              membership                                      63
      110.    Members to act in public interest               64
      111.    Disclosure of conflict of interest              64
              Subdivision 3 -- Meetings
      112.    General procedure                               65
      113.    Quorum                                          65
      114.    Chief executive officer may attend meetings     65
      115.    Presiding member                                65
      116.    Voting                                          65
      117.    First meeting                                   66
      118.    Defects in appointment of members               66
              Division 3 -- Chief executive officer
      119.    Chief executive officer                         66
      120.    Functions of chief executive officer            66
              Division 4 -- Staff
      121.    Staff                                           66
      122.    Staff seconded to Licensing Authority           67
              Division 5 -- Authorised officers
      123.    Powers of authorised officers                   67
      124.    Functions of authorised officer                 67
      125.    Appointment of authorised officers              67
      126.    Appointment conditions and limits on powers     68
      127.    Identity card                                   68
      128.    Production and display of identity card         68
      129.    When authorised officer ceases to hold office   69
      130.    Resignation                                     69
      131.    Return of identity card                         69



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               Occupational Licensing National Law (WA) Bill 2010



                                                           Contents



       Division 6 -- Occupational Licence Advisory
              Committees
132.   Establishment of Advisory Committee                   69
133.   Function of Advisory Committee                        70
134.   Membership and procedures of Advisory
       Committee                                             70
       Part 8 -- Information and privacy
       Division 1 -- Privacy
135.   Application of Commonwealth Privacy Act               71
       Division 2 -- Disclosure of information and
              confidentiality
136.   Definition                                            72
137.   Application of Commonwealth FOI Act                   72
138.   Duty of confidentiality                               72
139.   Disclosure to jurisdictional regulators and other
       Commonwealth, State and Territory entities            73
       Division 3 -- Registers and other records
140.   National Registers and records                        74
141.   Application of Commonwealth Archives Act              74
       Part 9 -- Miscellaneous
       Division 1 -- Finance
142.   National Occupational Licensing Authority Fund        75
143.   Payments into Authority Fund                          75
144.   Payments out of Authority Fund                        76
145.   Investment by Licensing Authority                     76
146.   Financial management duties of Licensing
       Authority                                             76
       Division 2 -- Reporting and planning arrangements
147.   Annual report                                         77
148.   Strategic and operational plans                       78
       Division 3 -- Provisions relating to persons
              exercising functions under Law
149.   General duties of persons exercising functions
       under this Law                                        78
150.   Application of Commonwealth Ombudsman Act             79
151.   Protection from personal liability for persons
       exercising functions                                  79
       Division 4 -- Legal proceedings
152.   Limitation on time for starting proceedings           80

                                                           page vii
Occupational Licensing National Law (WA) Bill 2010



Contents



      153.    Evidentiary certificates                          80
              Division 5 -- Miscellaneous
      154.    Approved forms                                    81
      155.    Extrinsic materials                               82
      156.    References to laws includes references to
              instruments made under laws                       82
      157.    Service of documents                              82
      158.    Service by post                                   83
      159.    Review of Law                                     83
              Division 6 -- Regulations
      160.    National regulations                              84
      161.    Regulations about licensing, registration and
              accreditation of persons carrying out licensed
              occupations                                       87
      162.    Inclusion of new occupations in national
              regulations                                       87
      163.    Publication of national regulations               88
      164.    Parliamentary scrutiny of national regulations    88
      165.    Effect of disallowance of national regulation     89
              Schedule 1 -- Miscellaneous
                  provisions relating
                  to interpretation
              Part 1 -- Preliminary
      1.      Displacement of Schedule by contrary intention    90
              Part 2 -- General
      2.      Law to be construed not to exceed legislative
              power of Legislature                              90
      3.      Every section to be a substantive enactment       90
      4.      Material that is, and is not, part of this Law    90
      5.      References to particular Acts and to enactments   91
      6.      References taken to be included in Act or Law
              citation etc                                      91
      7.      Interpretation best achieving Law's purpose       92
      8.      Use of extrinsic material in interpretation       92
      9.      Effect of change of drafting practice             94
      10.     Use of examples                                   94
      11.     Compliance with forms                             94



page viii
             Occupational Licensing National Law (WA) Bill 2010



                                                         Contents



      Part 3 -- Terms and references
12.   Definitions                                          95
13.   Provisions relating to defined terms and gender
      and number                                           99
14.   Meaning of "may" and "must" etc                      99
15.   Words and expressions used in statutory
      instruments                                         100
16.   Effect of express references to bodies corporate
      and individuals                                     100
17.   Production of records kept in computers etc         100
18.   References to this jurisdiction to be implied       101
19.   References to officers and holders of offices       101
20.   Reference to certain provisions of Law              101
21.   Reference to provisions of this Law or an Act is
      inclusive                                           102
      Part 4 -- Functions and powers
22.   Performance of statutory functions                  102
23.   Power to make instrument or decision includes
      power to amend or repeal                            103
24.   Matters for which statutory instruments may make
      provision                                           103
25.   Presumption of validity and power to make           104
26.   Appointments may be made by name or office          105
27.   Acting appointments                                 105
28.   Powers of appointment imply certain incidental
      powers                                              106
29.   Delegation of functions                             107
30.   Exercise of powers between enactment and
      commencement                                        109
      Part 5 -- Distance, time and age
31.   Matters relating to distance, time and age          112
      Part 6 -- Effect of repeal, amendment or
             expiration
32.   Time of Law ceasing to have effect                  113
33.   Repealed Law provisions not revived                 113
34.   Saving of operation of repealed Law provisions      113
35.   Continuance of repealed provisions                  114
36.   Law and amending Acts to be read as one             114



                                                          page ix
Occupational Licensing National Law (WA) Bill 2010



Contents



              Part 7 -- Instruments under Law
     37.      Schedule applies to statutory instruments   114
              Part 8 -- Application to coastal sea
     38.      Application                                 114
              Defined Terms




page x
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


   Occupational Licensing National Law (WA)
                   Bill 2010


                               A Bill for


An Act to provide for a national law to regulate the licensing of
certain occupations and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                                    page 1
     Occupational Licensing National Law (WA) Bill 2010
     Part 1         Preliminary

     s. 1



1                             Part 1 -- Preliminary
2    1.         Short title
3               This is the Occupational Licensing National Law (WA)
4               Act 2010.

5    2.         Commencement
6               This Act comes into operation as follows --
7                (a) sections 1 and 2 -- on the day on which this Act
8                      receives the Royal Assent;
9                (b) the rest of the Act -- on a day fixed by proclamation,
10                     and different days may be fixed for different provisions.

11   3.         Terms used
12        (1)   For the purposes of this Act, the local application provisions of
13              this Act are the provisions of this Act other than the
14              Occupational Licensing National Law set out in the Schedule.
15        (2)   In the local application provisions of this Act --
16              Occupational Licensing National Law (WA) means the
17              provisions applying in this jurisdiction because of section 4.
18        (3)   If a term is given a meaning in the Occupational Licensing
19              National Law set out in the Schedule, it has the same meaning
20              in the local application provisions of this Act.




     page 2
                              Occupational Licensing National Law (WA) Bill 2010
                 Application of Occupational Licensing National Law       Part 2

                                                                             s. 4



1          Part 2 -- Application of Occupational Licensing
2                          National Law
3    4.         Application of Occupational Licensing National Law
4               The Occupational Licensing National Law set out in the
5               Schedule, as modified to give effect to section 8(3) --
6                 (a) applies as a law of this jurisdiction; and
7                (b) as so applying, may be referred to as the Occupational
8                      Licensing National Law (WA); and
9                 (c) as so applying, is a part of this Act.

10   5.         Amendments to Schedule
11        (1)   The Governor may amend the Occupational Licensing National
12              Law set out in the Schedule by order published in the Gazette.
13        (2)   An order cannot be made under subsection (1) unless a draft of
14              the order has first been approved by a resolution passed by both
15              Houses of Parliament.
16        (3)   A resolution under subsection (2) can originate in either House
17              of Parliament.

18   6.         Exclusion of legislation of this jurisdiction
19              The following Acts of this jurisdiction do not apply to the
20              Occupational Licensing National Law (WA) or to instruments
21              made under that Law --
22               (a) the Auditor General Act 2006;
23               (b) the Financial Management Act 2006;
24               (c) the Freedom of Information Act 1992, except to the
25                      extent that functions are being exercised under the Law
26                      by a State entity;
27               (d)   the Interpretation Act 1984;




                                                                          page 3
     Occupational Licensing National Law (WA) Bill 2010
     Part 2         Application of Occupational Licensing National Law

     s. 7



1                 (e)   the Parliamentary Commissioner Act 1971, except to the
2                       extent that functions are being exercised under the Law
3                       by a State entity;
4                 (f)   the Public Sector Management Act 1994;
5                (g)    the State Records Act 2000, except to the extent that
6                       functions are being exercised under the Law by a State
7                       entity.

8    7.         Relevant tribunal or court
9               For the purposes of the definition of relevant tribunal or court in
10              section 4 of the Occupational Licensing National Law (WA) --
11                (a) the Supreme Court, the Magistrates Court and the State
12                      Administrative Tribunal are each declared to be a
13                      relevant tribunal or court for this jurisdiction for the
14                      purposes of section 13 of that Law; and
15                (b) the State Administrative Tribunal is declared to be the
16                      relevant tribunal or court for this jurisdiction for the
17                      purposes of sections 58, 59, 60, 93 and 94 of that Law.

18   8.         Parliamentary scrutiny of national regulations
19        (1)   This section applies despite section 6(d).
20        (2)   For the purposes of section 164(2) of the Occupational
21              Licensing National Law (WA), the Interpretation Act 1984
22              section 42(1) to (3) and (5) to (8) is the law of this jurisdiction
23              relevant to the disallowance of a regulation and apply as if a
24              regulation made under the Occupational Licensing National
25              Law (WA) had been published in the Gazette on the day that it
26              was published on the NSW legislation website under
27              section 163(1) of the Occupational Licensing National Law
28              (WA).
29        (3)   Section 164(4) of the Schedule does not apply in respect of a
30              regulation disallowed by a House of the Parliament of this
31              jurisdiction.



     page 4
                              Occupational Licensing National Law (WA) Bill 2010
                 Application of Occupational Licensing National Law       Part 2

                                                                              s. 9



1    9.         Regulations
2         (1)   The Governor may make regulations prescribing all matters that
3               are required or permitted by this Act to be prescribed, or are
4               necessary or convenient to be prescribed for giving effect to the
5               purposes of this Act.
6         (2)   The regulations may declare --
7                (a) a person or body to be a disciplinary body for the
8                      purposes of the definition of disciplinary body in
9                      section 4 of the Occupational Licensing National Law
10                     (WA); or
11               (b) an entity to be a corresponding disciplinary body for the
12                     purposes of section 21 of the Occupational Licensing
13                     National Law (WA); or
14               (c) a law to be a corresponding prior Act for the purposes of
15                     section 21 of the Occupational Licensing National Law
16                     (WA); or
17               (d) declaring that Part 3 Division 4 or 5 applies to licensees
18                     carrying out the licensed occupation for which the
19                     licensee is licensed.
20




                                                                           page 5
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 1         Preliminary
     cl. 1



1         Schedule -- Occupational Licensing National Law
2                                                                                   [s. 4]

3                                  Part 1 -- Preliminary
4    1.       Short title
5             This Law may be cited as the Occupational Licensing National Law.

6    2.       Commencement
7             This Law commences in a participating jurisdiction as provided by the
8             Act of that jurisdiction that applies this Law as a law of that
9             jurisdiction.

10   3.       Objectives
11            The objectives of the national licensing system are as follows --
12              (a) to ensure that licences issued by the Licensing Authority
13                    allow licensees to operate in all participating jurisdictions;
14              (b)   to ensure that licensing arrangements are effective and
15                    proportionate to ensure consumer protection and worker and
16                    public health and safety while ensuring economic efficiency
17                    and equity of access;
18              (c)   to facilitate a consistent skill and knowledge base for licensed
19                    occupations;
20              (d)   to ensure effective coordination exists between the Licensing
21                    Authority and jurisdictional regulators;
22              (e)   to promote national consistency in --
23                          (i)   licensing structures and policy across comparable
24                                occupations; and
25                      (ii)      regulation affecting the requirements relating to the
26                                conduct of licensees; and
27                      (iii)     the approach to disciplinary arrangements for
28                                licensees;
29              (f)   to provide flexibility to deal with issues specific to particular
30                    jurisdictions or occupations;



     page 6
                          Occupational Licensing National Law (WA) Bill 2010
                           Occupational Licensing National Law    Schedule
                                                   Preliminary        Part 1
                                                                        cl. 4



1           (g)   to provide the public with access to information about
2                 licensees.

3    4.   Definitions
4         In this Law --
5         Advisory Committee means an Occupational Licence Advisory
6         Committee established under section 132.
7         approved form means a form that, under section 154, has been
8         approved by the Licensing Authority and notified on its website.
9         authorised officer means an authorised officer appointed under
10        section 125 by the Licensing Authority.
11        Authority Fund means the National Occupational Licensing
12        Authority Fund established by section 142.
13        chief executive officer means the chief executive officer of the
14        Licensing Authority appointed under section 119.
15        COAG means the Council of Australian Governments.
16        COAG agreement means the Intergovernmental Agreement for a
17        National Licensing System for Specified Occupations signed by
18        COAG on 30 April 2009.
19        criminal history, of a person, includes the following --
20          (a) convictions of the person for an offence, in a participating
21                jurisdiction or elsewhere, and whether before or after the
22                commencement of this Law;
23          (b)   pleas of guilty or findings of guilt by a court of the person for
24                an offence, in a participating jurisdiction or elsewhere, and
25                whether before or after the commencement of this Law and
26                whether or not a conviction is recorded for the offence;
27          (c)   charges made against the person for an offence, in a
28                participating jurisdiction or elsewhere, and whether before or
29                after the commencement of this Law;
30          (d)   the person's history in relation to traffic offences, in a
31                participating jurisdiction or elsewhere, and whether before or
32                after the commencement of this Law.
33        disciplinary action see section 47.




                                                                             page 7
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 1         Preliminary
     cl. 4



1             disciplinary body means --
2                (a)    the Licensing Authority; or
3                (b)   a tribunal or court of a participating jurisdiction; or
4                (c)   another person or body declared by or under an Act of a
5                      participating jurisdiction to be a disciplinary body for the
6                      purposes of this Law;
7             entity includes a person and an unincorporated body.
8             First Minister's Department means the department of government of
9             a participating jurisdiction that is administered by the Premier or
10            Chief Minister of that jurisdiction.
11            former licensee means a person who was, but is no longer, a licensee.
12            immediate suspension ground means a ground referred to in
13            section 49 for the immediate suspension of a licence.
14            jurisdictional regulator means an entity that is prescribed by the
15            national regulations as being a jurisdictional regulator for a licensed
16            occupation.
17            jurisdictional regulator members see section 103(3)(b).
18            licence means a licence, registration or accreditation granted under
19            this Law authorising a person to carry out a licensed occupation.
20            licensed occupation means any of the following occupations --
21               (a) airconditioning and refrigeration;
22               (b)    electrical;
23               (c)    plumbing and gasfitting;
24               (d)    property-related occupations;
25               (e)    any other occupation prescribed by the national regulations as
26                      being a licensed occupation;
27            Note: When an occupation is prescribed by the national regulations as being
28                  a licensed occupation it is envisaged each jurisdiction will need to
29                  return to Parliament to make consequential amendments to existing
30                  legislation regulating the occupation. This would enable this Law (as
31                  set out in the Schedule to the Occupational Licensing National Law
32                  Act 2010 of Victoria) to be amended to include the occupation in this
33                  definition and, to the extent it is practicable, describe the scope of work
34                  that may be carried out under a licence for that occupation.
35            Licensing Authority means the National Occupational Licensing
36            Authority established by section 97.


     page 8
                     Occupational Licensing National Law (WA) Bill 2010
                      Occupational Licensing National Law    Schedule
                                              Preliminary        Part 1
                                                                   cl. 4



1    Licensing Board means the National Occupational Licensing Board
2    established by section 103.
3    Ministerial Council means the Ministerial Council nominated by
4    COAG and published on the COAG website as being the Ministerial
5    Council for the purposes of this Law.
6    national licensing system means the system established under this
7    Law for the national licensing of persons working in licensed
8    occupations.
9    national regulations means the regulations made under section 160.
10   nominee means an individual nominated by an applicant for a licence
11   or a licensee as being the nominee for the licence.
12   participating jurisdiction means a State or Territory in which --
13     (a)    this Law applies as a Law of the State or Territory; or
14     (b)   a law that substantially corresponds to the provisions of this
15           Law has been enacted.
16   participation day, in relation to a participating jurisdiction, means the
17   day on which the jurisdiction becomes a participating jurisdiction.
18   place includes land or premises but does not include a vehicle.
19   premises includes a caravan being used as residential premises.
20   prescribed work means work that under the national regulations is
21   within the scope of work that may only be carried out under the
22   authority of a licence.
23   Note: When an occupation is prescribed by the national regulations as being
24         a licensed occupation (see paragraph (e) of the definition of licensed
25         occupation) it is envisaged each jurisdiction will need to return to
26         Parliament to make consequential amendments to existing legislation
27         regulating the occupation. This would enable this Law (as set out in
28         the Schedule to the Occupational Licensing National Law Act 2010 of
29         Victoria) to be amended to include the occupation in the definition of
30         licensed occupation and, to the extent it is practicable, describe the
31         prescribed work in relation to the occupation.
32   primary jurisdiction means --
33     (a)    for an applicant for a licence or a licensee who is an
34            individual (other than an individual acting in the individual's
35            capacity as a member of a partnership), the jurisdiction in
36            which the individual's principal place of residence is located;
37            or


                                                                          page 9
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 1         Preliminary
     cl. 5



1                 (b)   for an applicant for a licence or a licensee that is a body
2                       corporate or an individual acting in the individual's capacity
3                       as a member of a partnership, the jurisdiction in which the
4                       body corporate's or partnership's principal place of business
5                       is located.
6               relevant place means a place at which prescribed work has been, is
7               being or is about to be, carried out.
8               relevant tribunal or court, for a participating jurisdiction, means a
9               tribunal or court that has been declared by a law of that jurisdiction to
10              be the relevant tribunal or court for that jurisdiction for the purposes
11              of this Law.
12              State or Territory entity means --
13                (a)   an entity, or the chief executive of an entity or department of
14                      government, of a participating jurisdiction to whom the
15                      Licensing Authority has delegated any of its functions; or
16                (b)    an entity to which a function delegated by the Licensing
17                       Authority has been subdelegated.
18              vehicle includes --
19                (a)   a group of vehicles, known as a combination, that consists of
20                      a motor vehicle connected to 1 or more vehicles; and
21                (b)   a caravan being towed by a motor vehicle; and
22                (c)   a train, tram or vessel; and
23                (d)   a crane or earthmoving machinery; and
24                (e)   any other type of transport, machine or equipment prescribed
25                      by the national regulations.

26   5.         Interpretation generally
27              Schedule 1 applies in relation to this Law.

28   6.         Single national entity
29        (1)   It is the intention of the Parliament of this jurisdiction that this Law as
30              applied by an Act of this jurisdiction, together with this Law as
31              applied by Acts of the other participating jurisdictions, has the effect
32              that an entity established by this Law is one single national entity,
33              with functions conferred by this Law as so applied.



     page 10
                               Occupational Licensing National Law (WA) Bill 2010
                                Occupational Licensing National Law    Schedule
                                                        Preliminary        Part 1
                                                                             cl. 7



1         (2)   An entity established by this Law has power to do acts in or in
2               relation to this jurisdiction in the exercise of a function expressed to
3               be conferred on it by this Law as applied by Acts of each participating
4               jurisdiction.
5         (3)   An entity established by this Law may exercise its functions in
6               relation to --
7                 (a)   one participating jurisdiction; or
8                 (b)   2 or more or all participating jurisdictions collectively.
9         (4)   In this section, a reference to this Law as applied by an Act of a
10              jurisdiction includes a reference to a law that substantially
11              corresponds to this Law enacted in a jurisdiction.

12   7.         Extraterritorial operation of Law
13              It is the intention of the Parliament of this jurisdiction that the
14              operation of this Law is to, as far as possible, include operation in
15              relation to the following --
16                (a)   things situated in or outside the territorial limits of this
17                      jurisdiction;
18                (b)   acts, transactions and matters done, entered into or occurring
19                      in or outside the territorial limits of this jurisdiction;
20                (c)   things, acts, transactions and matters (wherever situated,
21                      done, entered into or occurring) that would, apart from this
22                      Law, be governed or otherwise affected by the law of another
23                      jurisdiction.

24   8.         Law binds the State
25        (1)   This Law binds the State.
26        (2)   In this section --
27              State means the Crown in right of this jurisdiction, and includes --
28                (a) the Government of this jurisdiction; and
29                (b)   a Minister of the Crown in right of this jurisdiction; and
30                (c)   a statutory corporation, or other entity, representing the
31                      Crown in right of this jurisdiction.




                                                                                   page 11
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 9



1                                       Part 2 -- Licensing
2                 Division 1 -- Licensed occupations and scope of work
3    9.          Offence for individual to carry out prescribed work unless
4                licensed or exempt
5          (1)   An individual must not carry out, or enter into a contract to carry out,
6                prescribed work unless the individual --
7                  (a)      holds a licence to carry out the prescribed work; or
8                  (b)      is exempt under the national regulations from the requirement
9                           to hold a licence to carry out the prescribed work; or
10                 (c)      is exempted by the Licensing Authority, in accordance with
11                          the national regulations, from the requirement to hold a
12                          licence to carry out the prescribed work.
13               Penalty:
14                       (a)   for an offence involving a specified licensed
15                             occupation --
16                                (i)   for a first or second offence -- $50,000; or
17                               (ii)   for a third or subsequent offence -- $50,000 or
18                                      12 months imprisonment or both;
19                             or
20                       (b)   for any other offence -- $50,000.
21         (2)   In this section --
22               specified licensed occupation means a licensed occupation that the
23               national regulations have declared to be a specified licensed
24               occupation for the purposes of this section.
25   10.         Offence for body corporate or partnership to enter into contract
26               for prescribed work unless licensed or exempt
27         (1)   A body corporate or a partnership must not enter into a contract to
28               carry out prescribed work unless the body corporate or the
29               partnership --
30                 (a)      holds a licence authorising the body corporate or partnership
31                          to carry on a business that involves carrying out the
32                          prescribed work; or



     page 12
                                  Occupational Licensing National Law (WA) Bill 2010
                                   Occupational Licensing National Law    Schedule
                                                             Licensing        Part 2
                                                                               cl. 11



1                  (b)      is exempt under the national regulations from the requirement
2                           to hold a licence authorising the body corporate or
3                           partnership to carry on a business that involves carrying out
4                           the prescribed work; or
5                  (c)   is exempted by the Licensing Authority, in accordance with
6                        the national regulations, from the requirement to hold a
7                        licence authorising the body corporate or partnership to carry
8                        on a business that involves carrying out the prescribed work.
9                Penalty: $250,000.
10         (2)   A body corporate or a partnership that enters into a contract to carry
11               out prescribed work must not engage an individual to carry out the
12               prescribed work unless the individual --
13                 (a)      holds a licence to carry out the prescribed work; or
14                 (b)      is exempt under the national regulations from the requirement
15                          to hold a licence to carry out the prescribed work; or
16                 (c)   is exempted by the Licensing Authority, in accordance with
17                       the national regulations, from the requirement to hold a
18                       licence to carry out the prescribed work.
19               Penalty: $250,000.
20         (3)   A reference in this section to a partnership means the individuals who
21               are members of the partnership.
22   11.         Offence to advertise or offer to do prescribed work unless licensed
23               or exempt
24         (1)   A person must not advertise that the person is able to carry out, or
25               offer to carry out, prescribed work unless the person --
26                 (a)      holds a licence to carry out the prescribed work; or
27                 (b)      is exempt under the national regulations from the requirement
28                          to hold a licence to carry out the prescribed work; or
29                 (c)      is exempted by the Licensing Authority, in accordance with
30                          the national regulations, from the requirement to hold a
31                          licence to carry out the prescribed work.
32               Penalty:
33                       (a)   for an individual for an offence involving a specified
34                             licensed occupation --
35                               (i)   for a first or second offence -- $50,000; or

                                                                                   page 13
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 12



1                                (ii)     for a third or subsequent offence -- $50,000 or
2                                         12 months imprisonment or both;
3                              or
4                        (b)   for an individual for any other offence -- $50,000; or
5                        (c)   for a body corporate -- $250,000.
6          (2)   It is a defence to a prosecution for an offence against subsection (1)(a)
7                if the defendant proves that --
8                  (a)      at the time the advertisement was placed the person (the
9                           relevant person) the subject of the advertisement was
10                          licensed to carry out the prescribed work referred to in the
11                          advertisement; and
12                 (b)      the defendant took all reasonable action to prevent the
13                          advertisement, or to stop it from continuing, once the relevant
14                          person ceased being licensed to carry out the work.
15         (3)   A person does not commit an offence against subsection (1) merely
16               because the person, as part of the person's business, prints or
17               publishes an advertisement for another person.
18         (4)   A reference in this section to carrying out prescribed work includes
19               carrying on a business that involves carrying out prescribed work.
20         (5)   In this section --
21               advertise includes tout or solicit.
22               specified licensed occupation means a licensed occupation that the
23               national regulations have declared to be a specified licensed
24               occupation for the purposes of this section.
25   12.         Offence to hold out unlicensed person as being licensed
26         (1)   A person must not hold out that the person is licensed --
27                 (a) to carry out a licensed occupation unless the person holds a
28                      licence for the licensed occupation; or
29                 (b) to carry out prescribed work unless the person holds a licence
30                      to carry out the prescribed work.
31               Penalty:
32                       (a)   for an individual for an offence involving a specified
33                             licensed occupation --
34                                  (i)   for a first or second offence -- $50,000; or

     page 14
                                  Occupational Licensing National Law (WA) Bill 2010
                                   Occupational Licensing National Law    Schedule
                                                             Licensing        Part 2
                                                                               cl. 13



1                               (ii)   for a third or subsequent offence -- $50,000 or
2                                      12 months imprisonment or both; or
3                        (b)   for an individual for any other offence -- $50,000; or
4                        (c)   for a body corporate -- $250,000.
5          (2)   A person must not hold out that another person (the second person) is
6                licensed --
7                  (a)     to carry out a licensed occupation unless the second person
8                          holds a licence for the licensed occupation; or
9                  (b)     to carry out prescribed work unless the second person holds a
10                         licence to carry out the prescribed work.
11               Penalty:
12                    (a)      for an individual for an offence involving a specified
13                             licensed occupation --
14                               (i)   for a first or second offence -- $50,000; or
15                              (ii)   for a third or subsequent offence -- $50,000 or
16                                     12 months imprisonment or both;
17                             or
18                       (b)   for an individual for any other offence -- $50,000; or
19                       (c)   for a body corporate -- $250,000.
20         (3)   A reference in this section to carrying out prescribed work includes
21               carrying on a business that involves carrying out prescribed work.
22         (4)   In this section --
23               specified licensed occupation means a licensed occupation that the
24               national regulations have declared to be a specified licensed
25               occupation for the purposes of this section.

26   13.         Injunction stopping person from engaging in conduct in
27               contravention of Law or national regulations
28         (1)   If a person has engaged in, is engaging in or is proposing to engage in
29               conduct in a participating jurisdiction that constituted, constitutes or
30               would constitute a contravention of this Law or the national
31               regulations, the Licensing Authority may apply to the relevant
32               tribunal or court for that participating jurisdiction for an injunction in
33               relation to the conduct.


                                                                                   page 15
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 14



1          (2)   If the relevant tribunal or court is satisfied the person has engaged in,
2                is engaging in or is proposing to engage in conduct that constituted,
3                constitutes or would constitute a contravention of this Law or the
4                national regulations, the relevant tribunal or court may grant an
5                injunction restraining the person from engaging in the conduct.
6          (3)   The relevant tribunal or court may grant the injunction on the terms
7                the tribunal or court considers appropriate.
8          (4)   Without limiting subsection (3), the injunction may state that it
9                applies not only in the participating jurisdiction in which it is made
10               but in other participating jurisdictions.
11               Note: See section 7 which provides for the extraterritorial operation of this
12                     Law.

13         (5)   The relevant tribunal or court may grant an interim injunction until
14               the application is finally decided.

15   14.         Licensee must not lend or otherwise allow use of licence by
16               another person
17         (1)   A licensee must not --
18                 (a) lend the licensee's licence to another person; or
19                 (b)     otherwise allow another person to use the licensee's licence
20                         or licence number.
21               Penalty:
22                    (a)      for an individual for an offence involving a specified
23                             licensed occupation --
24                                (i) for a first or second offence -- $50,000; or
25                              (ii)   for a third or subsequent offence -- $50,000 or
26                                     12 months imprisonment or both; or
27                       (b)   for an individual for any other offence -- $50,000; or
28                       (c)   for a body corporate -- $250,000.
29         (2)   In this section --
30               specified licensed occupation means a licensed occupation that the
31               national regulations have declared to be a specified licensed
32               occupation for the purposes of this section.



     page 16
                               Occupational Licensing National Law (WA) Bill 2010
                                Occupational Licensing National Law    Schedule
                                                          Licensing        Part 2
                                                                            cl. 15



1                           Division 2 -- Application for licence

2    15.         Who may apply for a licence
3          (1)   An application for a licence for a licensed occupation may be made by
4                a person who is a member of a prescribed class of persons for the
5                occupation.
6          (2)   For the purposes of subsection (1), the national regulations may
7                provide that applications for licences for a licensed occupation may be
8                made by any of the following --
9                  (a)   individuals;
10                 (b)   individuals acting in their capacity as members of a
11                       partnership;
12                 (c)   bodies corporate.
13         (3)   An application for a licence cannot be made by a trust.

14   16.         Application for licence
15         (1)   An application for a licence must be --
16                (a) made to the Licensing Authority; and
17                (b) in the approved form; and
18                 (c) accompanied by the prescribed fee payable to the prescribed
19                       person; and
20                (d) accompanied by any other documents, identified in the
21                       approved form, the Licensing Authority reasonably requires.
22         (2)   Without limiting subsection (1)(b), a form approved by the Licensing
23               Authority for the purposes of that paragraph must require an
24               applicant --
25                 (a)   to provide a declaration about the applicant's primary
26                       jurisdiction; and
27                 (b)   if the applicant is a body corporate, to nominate an adult as
28                       the nominee for the proposed licence.
29         (3)   An individual may be nominated as the nominee for the proposed
30               licence only if the individual --
31                 (a)   holds a licence personally for the licensed occupation; and


                                                                                  page 17
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 17



1                  (b)   is a director or employee of the body corporate as provided
2                        by the national regulations.
3          (4)   The national regulations may prescribe further requirements in
4                relation to the nominees for licences.

5    17.         Licensing Authority may require further information or
6                document
7          (1)   Before deciding an application for a licence, the Licensing Authority
8                may, by written notice given to the applicant, require the applicant to
9                give the Authority, within a reasonable time stated in the notice,
10               further information or a document the Authority reasonably requires
11               to decide the application.
12         (2)   The Licensing Authority may require the information or document to
13               be verified by a statutory declaration.
14         (3)   The applicant is taken to have withdrawn the application if the
15               applicant does not comply with the written notice.

16                           Division 3 -- Eligibility for licence

17   18.         Eligibility for licence
18         (1)   A person is eligible for a licence for a licensed occupation if --
19                 (a) the person or, if the person is a body corporate, the person's
20                      nominee, has the prescribed qualifications, skills, knowledge
21                      and experience for the licence; and
22                 (b)   the person and, if the person is a body corporate, the person's
23                       nominee, satisfy the prescribed personal probity requirements
24                       for the licence; and
25                 (c)   the person satisfies the prescribed financial probity
26                       requirements for the licence; and
27                 (d)   the person and, if the person is a body corporate, the person's
28                       nominee, are not excluded persons for the licence; and
29                 (e)   the person or, if the person is a body corporate, the person's
30                       nominee, satisfies any other requirements prescribed by the
31                       national regulations for the licence.




     page 18
                                  Occupational Licensing National Law (WA) Bill 2010
                                   Occupational Licensing National Law    Schedule
                                                             Licensing        Part 2
                                                                               cl. 19



1                Note: Section 24 of Schedule 1 provides that a regulation may --

2                       (a) apply generally to all persons, matters or things or be limited in its
3                           application to particular persons, matters or things or classes of
4                           persons, matters or things; or

5                       (b) apply generally or be limited in its application; or
6                       (c) apply differently according to different specified factors.

7                       Accordingly, the national regulations may prescribe different eligibility
8                       requirements for different licensed occupations or different types of
9                       licences for the same licensed occupation.

10         (2)   For the purposes of subsection (1), if an individual in the individual's
11               capacity as a member of a partnership would not be eligible for a
12               licence for a licensed occupation but the individuals who are members
13               of the partnership would jointly be eligible for the licence, the
14               individuals are, in their capacity as members of the partnership, taken
15               to be eligible for the licence.

16   19.         Personal probity
17         (1)   For the purposes of section 18(1)(b), the national regulations may
18               provide for --
19                 (a) the personal probity requirements a person must satisfy to be
20                        eligible for a licence; and
21                 (b) the personal probity requirements a person must satisfy to be
22                        eligible to be a nominee for a licensee that is a body
23                        corporate.
24         (2)   Without limiting subsection (1), the national regulations may provide
25               for requirements in relation to the following for persons who are
26               applicants for licences, licensees, nominees or relevant persons for a
27               body corporate that is an applicant or licensee --
28                 (a) matters relating to the criminal history of the persons, to the
29                        extent there is a connection between the criminal history of
30                        the persons and the inherent requirements of the occupation
31                        for which the persons are applicants, licensees, nominees or
32                        relevant persons;
33               Note: Matters relating to the criminal history of persons will be subject to
34                     legislation of participating jurisdictions that prohibits, or does not
35                     require, the disclosure of spent convictions.



                                                                                          page 19
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 20



1                  (b)   matters relating to the conduct of persons in carrying out
2                        business including, for example, matters relating to duties as
3                        a director of a corporation or the imposition of civil penalties
4                        or orders in relation to carrying out business;
5                  (c)   security clearances to be held by the persons, to the extent
6                        that it is an inherent requirement of the occupation for which
7                        the persons are applicants, licensees, nominees or relevant
8                        persons.
9          (3)   In this section --
10               relevant person, for a body corporate, means a person who --
11                 (a)   will have authority or influence in the conduct of the business
12                       of the body corporate; and
13                 (b)   is prescribed by the national regulations as being a relevant
14                       person for the body corporate.

15   20.         Financial probity
16         (1)   For the purposes of section 18(1)(c), the national regulations may
17               provide for the financial probity requirements a person must satisfy to
18               be eligible for a licence.
19         (2)   Without limiting subsection (1), the national regulations may
20               provide --
21                 (a)   for the financial requirements a person must satisfy to be
22                       eligible for a licence; or
23                 (b)   a person who is an applicant or a licensee is not eligible for a
24                       licence if --
25                          (i)   the person is bankrupt, insolvent, compounds with
26                                creditors, enters into a compromise or scheme of
27                                arrangement with creditors or otherwise applies to
28                                take the benefit of any law for the relief of bankrupt
29                                or insolvent debtors; or
30                         (ii)   the person fails to pay a penalty, fine or other amount
31                                ordered by a court or tribunal to be paid or required to
32                                be paid under this Law.




     page 20
                                    Occupational Licensing National Law (WA) Bill 2010
                                     Occupational Licensing National Law    Schedule
                                                               Licensing        Part 2
                                                                                 cl. 21



1    21.         Excluded person
2          (1)   For the purposes of section 18(1)(d), a person is an excluded person
3                for a licence for a licensed occupation if --
4                  (a) the person is prohibited by an order of a disciplinary body
5                          from carrying out work that is within the scope of the licence;
6                          or
7                  (b) the person's licence under this Law to carry out the licensed
8                          occupation has been cancelled by a disciplinary body and any
9                          period ordered by the disciplinary body during which the
10                         person is disqualified from applying for a new licence has not
11                         ended; or
12                  (c) the person's licence under a corresponding prior Act to carry
13                         out the licensed occupation was cancelled as a result of
14                         disciplinary action taken by a corresponding disciplinary
15                         body and --
16                            (i)    any period ordered by the disciplinary body during
17                                   which the person is disqualified from applying for a
18                                   new licence has not ended; or
19                         (ii)      if the disciplinary body did not disqualify the person
20                                   from applying for a new licence, a period of 2 years
21                                   from the day the cancellation occurred has not ended;
22                       or
23                 (d)   the person's application for a licence for the licensed
24                       occupation under this Law or a corresponding prior Act
25                       within the previous 2 years has been refused on the basis that
26                       the person provided information or a document in relation to
27                       the application that was false or misleading; or
28                 (e)   a business partner or other close associate of the person is a
29                       person whose licence under this Law to carry out the licensed
30                       occupation has been cancelled by a disciplinary body and any
31                       period ordered by the disciplinary body during which the
32                       person is disqualified from applying for a new licence has not
33                       ended; or




                                                                                   page 21
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 21



1                (f)   a business partner or other close associate of the person is a
2                      person whose licence under a corresponding prior Act to
3                      carry out the licensed occupation was cancelled by a court,
4                      tribunal or other entity and --
5                         (i)   any period ordered by the court, tribunal or other
6                               entity during which the person is disqualified from
7                               applying for a new licence has not ended; or
8                        (ii)   if the court, tribunal or other entity did not disqualify
9                               the person from applying for a new licence, a period
10                              of 2 years from the day the cancellation occurred has
11                              not ended; or
12               (g)   the person is an excluded person under the national
13                     regulations; or
14               (h)   the person has, within the previous 5 years, been convicted of
15                     an offence under section 9, 10, 11, or 12 or a provision of a
16                     corresponding prior Act that corresponds to section 9, 10, 11,
17                     or 12.
18      (2)    In this section --
19             close associate, of a person, means a person who exercises a
20             significant influence over the person or the operation or management
21             of the person's business.
22             corresponding disciplinary body means an entity that has been
23             declared by a law of a participating jurisdiction to be a corresponding
24             disciplinary body for the purposes of this section.
25             corresponding prior Act means a law of participating jurisdiction
26             that --
27                (a) was in force before the day on which the jurisdiction became
28                      a participating jurisdiction; and
29                (b) has been declared by a law of that jurisdiction to be a
30                      corresponding prior Act for the purposes of this section.
31             licence, in relation to a corresponding prior Act, means a licence,
32             registration, approval, certificate or other form of authorisation
33             required under the corresponding prior Act to carry out a licensed
34             occupation.




     page 22
                                Occupational Licensing National Law (WA) Bill 2010
                                 Occupational Licensing National Law    Schedule
                                                           Licensing        Part 2
                                                                             cl. 22



1                   Division 4 -- Decision about application for licence

2    22.         Decision about application
3                After considering an application for a licence, the Licensing Authority
4                must decide to --
5                  (a)   grant the licence to the applicant if the applicant is eligible for
6                        the licence; or
7                  (b)   refuse to grant the licence to the applicant if the applicant is
8                        not eligible for the licence.

9    23.         Notice of decision to be given to applicant
10         (1)   Within 28 days after making the decision to grant or refuse to grant a
11               licence to the applicant, the Licensing Authority must --
12                  (a) give the applicant written notice of its decision; and
13                 (b)   if the decision was to grant the licence, give the applicant a
14                       licence.
15         (2)   If the Licensing Authority decides not to grant the licence, the notice
16               must state --
17                 (a)   the reasons for the decision; and
18                 (b)   that the applicant may apply for a review of the decision; and
19                 (c)   how an application for review may be made and the period
20                       within which the application must be made.

21   24.         Failure to decide application
22               If the Licensing Authority fails to decide an application for a licence
23               within 120 days after its receipt, or the longer period agreed between
24               the Authority and the applicant, the failure by the Authority to make a
25               decision is taken to be a decision to refuse to grant a licence to the
26               applicant.

27                                  Division 5 -- Licences

28   25.         Form of licence
29               A licence is to be in the approved form.




                                                                                   page 23
     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 26



1    26.         Period of licence
2                A licence may be granted for the period, not more than 5 years,
3                prescribed by the national regulations.

4    27.         Conditions
5                A licence is subject to the following conditions --
6                  (a) any conditions prescribed by the national regulations for a
7                        licence of that category;
8                  (b)     any conditions imposed on the licence by a disciplinary body.

9    28.         Change in details or circumstances
10               A licensee must, as soon as practicable but not later than 14 days after
11               any of the following changes occurs, give the Licensing Authority
12               written notice of the change and any evidence providing proof of the
13               change required by the Authority, unless the licensee has a reasonable
14               excuse --
15                 (a)     if the licensee is an individual, a change in the licensee's
16                         principal place of residence;
17                 (b)     if the licensee is a body corporate or an individual acting in
18                         the individual's capacity as a member of a partnership, a
19                         change in the body corporate's or partnership's principal
20                         place of business;
21                 (c)     a change in the licensee's criminal history prescribed by the
22                         national regulations;
23                 (d) any other change prescribed by the national regulations.
24               Penalty:
25                       (a)   for an individual -- $10,000, or
26                       (b)   for a body corporate -- $50,000.

27   29.         Return of licence
28         (1)   If a person is given written notice by the Licensing Authority that the
29               person's licence has been suspended, cancelled or revoked and the
30               licence is for a specified licensed occupation, the person must return
31               the person's licence to the Authority within 7 days after receiving the
32               notice, unless the person has a reasonable excuse.


     page 24
                                  Occupational Licensing National Law (WA) Bill 2010
                                   Occupational Licensing National Law    Schedule
                                                             Licensing        Part 2
                                                                               cl. 30



1                Penalty:
2                  (a)      for an individual -- $5,000;
3                  (b)      for a body corporate -- $25,000.
4          (2)   The Licensing Authority must, immediately after the suspension of a
5                licensee's licence ends, return the licence to the licensee.
6          (3)   In this section --
7                specified licensed occupation means a licensed occupation that the
8                national regulations have declared to be a specified licensed
9                occupation for the purposes of this section.

10   30.         Licence not transferrable
11         (1)   A licence may not be transferred.
12         (2)   A licence is not personal property for the purposes of the Personal
13               Property Securities Act 2009 of the Commonwealth.

14     Division 6 -- Renewal, restoration, variation and surrender of licences

15                            Subdivision 1 -- Renewal of licences

16   31.         Application for renewal of licence
17         (1)   A licensee may, before the licensee's licence expires, apply to renew
18               the licence.
19         (2)   An application for the renewal of a licence must --
20                 (a)      be made to the Licensing Authority; and
21                 (b)      be in the approved form; and
22                 (c)      be accompanied by the prescribed fee payable to the
23                          prescribed person; and
24                 (d)      be accompanied by any other documents, identified in the
25                          approved form, the Licensing Authority reasonably requires;
26                          and
27                 (e)      comply with any other requirement prescribed by the national
28                          regulations, including any requirement about when the
29                          application must be made.



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     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 32



1    32.         Licensing Authority may require further information or
2                document
3          (1)   Before deciding an application for renewal of a licence, the Licensing
4                Authority may, by written notice given to the applicant, require the
5                applicant to give the Authority, within a reasonable time stated in the
6                notice, further information or a document the Authority reasonably
7                requires to decide the application.
8          (2)   The Licensing Authority may require the information or document to
9                be verified by a statutory declaration.
10         (3)   The applicant is taken to have withdrawn the application if the
11               applicant does not comply with the written notice.

12   33.         Eligibility for renewal of licence
13               Divisions 3 and 4 apply to the renewal of a licence, with any changes
14               prescribed by the national regulations, as if the application for the
15               renewal of the licence were an application for the grant of a licence.

16   34.         Licence continues in force until application decided
17               If a person applies under section 31 to renew the person's licence, the
18               licence is taken to continue in force from the day it would, apart from
19               this section, have ended until --
20                 (a)   if the Licensing Authority decides to renew the licence, the
21                       day the new licence is given to the person; or
22                 (b)   if the Licensing Authority decides to refuse to renew the
23                       licence, the day the person is given notice of the decision.

24                        Subdivision 2 -- Restoration of licences

25   35.         Application for restoration of licence
26         (1)   If a person's licence has expired and the licence is for a specified
27               licensed occupation, the person may apply for the restoration of the
28               licence within 3 months after the expiry.
29         (2)   However, an application for the restoration of licence may not be
30               made --
31                (a) during any period in which the licence is suspended; or


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                                 Occupational Licensing National Law    Schedule
                                                           Licensing        Part 2
                                                                             cl. 36



1                  (b)   if the licence has been cancelled.
2          (3)   An application for the restoration of a licence must --
3                 (a) be made to the Licensing Authority; and
4                 (b) be in the approved form; and
5                  (c)   be accompanied by the prescribed fee payable to the
6                        prescribed person; and
7                  (d)   be accompanied by any other documents, identified in the
8                        approved form, the Licensing Authority reasonably requires;
9                        and
10                 (e)   comply with any other requirement prescribed by the national
11                       regulations.
12         (4)   In this section --
13               specified licensed occupation means a licensed occupation that the
14               national regulations have declared to be a specified licensed
15               occupation for the purposes of this section.

16   36.         Licensing Authority may require further information or
17               document
18         (1)   Before deciding an application for restoration of a licence, the
19               Licensing Authority may, by written notice given to the applicant,
20               require the applicant to give the Authority, within a reasonable time
21               stated in the notice, further information or a document the Authority
22               reasonably requires to decide the application.
23         (2)   The Licensing Authority may require the information or document to
24               be verified by a statutory declaration.
25         (3)   The applicant is taken to have withdrawn the application if the
26               applicant does not comply with the written notice.

27   37.         Eligibility for restoration of licence
28               Divisions 3 and 4 apply to the restoration of a licence, with any
29               changes prescribed by the national regulations, as if the application
30               for the restoration of the licence were an application for the grant of a
31               licence.




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     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 38



1    38.         Licence continues in force until application decided
2                If a person applies under section 35 to restore an expired licence, the
3                licence is taken to have continued in force from the day it would,
4                apart from this section, have ended until --
5                  (a)   if the Licensing Authority decides to restore the licence, the
6                        day the new licence is given to the person; or
7                  (b)   if the Licensing Authority decides to refuse to restore the
8                        licence, the day the person is given notice of the decision.

9    39.         Period of restored licence
10               If the Licensing Authority decides to restore a person's licence, the
11               licence is taken to have commenced immediately after the person's
12               previous licence expired.

13           Subdivision 3 -- Variation of licences on application of licensees

14   40.         Application for variation of licence
15         (1)   A licensee may apply to vary the licensee's licence.
16         (2)   An application for the variation of a licence must --
17                (a) be made to the Licensing Authority; and
18                (b) be in the approved form; and
19                 (c) be accompanied by the prescribed fee payable to the
20                       prescribed person; and
21                (d) be accompanied by any other documents, identified in the
22                       approved form, the Licensing Authority reasonably requires;
23                       and
24                 (e) comply with any other requirement prescribed by the national
25                       regulations.

26   41.         Eligibility for variation of licence
27               Divisions 3 and 4 apply to the variation of a licence, with any changes
28               prescribed by the national regulations, as if the application for the
29               variation of the licence were an application for the grant of a licence.




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                                 Occupational Licensing National Law    Schedule
                                                           Licensing        Part 2
                                                                             cl. 42



1     Subdivision 4 -- Variation of licences on initiative of Licensing Authority

2    42.         Varying licence on Licensing Authority's initiative
3          (1)   This section applies if the Licensing Authority reasonably believes it
4                is necessary to vary a licensee's licence.
5          (2)   The Licensing Authority must give the licensee a written notice
6                stating --
7                  (a)   that the Authority proposes to vary the licence; and
8                  (b)   how the Authority proposes to vary the licence; and
9                  (c)   the reason for the proposed variation; and
10                 (d)   that the licensee may, within 28 days after receipt of the
11                       notice, make a written submission to the Authority about the
12                       proposed variation.
13         (3)   The licensee may make a written submission about the proposed
14               variation as stated in the notice.
15         (4)   The Licensing Authority must consider a submission made under
16               subsection (3) and decide whether or not to vary the licence.
17         (5)   The Licensing Authority's decision must be made --
18                 (a) within 28 days after receiving the licensee's submission; or
19                 (b)   if the licensee does not make a submission, within 28 days
20                       after the last day on which the licensee may make a
21                       submission.
22         (6)   As soon as practicable after making its decision, the Licensing
23               Authority must give written notice of the decision to the licensee.
24         (7)   If the Licensing Authority decides to vary the licence, the notice must
25               state --
26                 (a)   the decision made by the Authority; and
27                 (b)   that the licensee may apply for a review of the decision; and
28                 (c)   how an application for a review must be made and the period
29                       within which the application must be made.




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     Schedule       Occupational Licensing National Law
     Part 2         Licensing
     cl. 43



1                          Subdivision 5 -- Surrender of licences

2    43.         Surrender of licence
3          (1)   A licensee may surrender the licensee's licence.
4          (2)   In surrendering a licence, the licensee must comply with any
5                requirements prescribed by the national regulations.

6                         Subdivision 6 -- Revocation of licences

7    44.         Revocation of licence
8          (1)   The Licensing Authority may decide to revoke a person's licence if
9                the Authority reasonably believes the licence was issued in error.
10         (2)   The Licensing Authority may decide to revoke a licence under this
11               section only if the decision is made not more than 28 days after the
12               Authority becomes aware of the ground that forms the basis for
13               believing the licence was issued in error.
14         (3)   If the Licensing Authority decides to revoke a licence, it must give a
15               notice to the licensee stating --
16                 (a)   the decision made by the Authority; and
17                 (b)   that the person may apply for a review of the decision; and
18                 (c)   how an application for a review must be made and the period
19                       within which the application must be made.
20         (4)   The decision takes effect on --
21                 (a) the day the notice is given to the person; or
22                 (b) the later day stated in the notice.

23                        Subdivision 7 -- Replacement of licence

24   45.         Replacement of licence
25         (1)   A licensee may apply to the Licensing Authority for the replacement
26               of the licensee's licence if it has been lost, stolen, destroyed or
27               damaged.
28         (2)   The application must be --
29                 (a)   in the approved form; and


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                                 Occupational Licensing National Law    Schedule
                                   Disciplinary proceedings and action      Part 3
                                                                             cl. 46



1                  (b)   accompanied by the prescribed fee payable to the prescribed
2                        person.
3          (3)   The Licensing Authority must issue a replacement licence to the
4                licensee.

5                   Part 3 -- Disciplinary proceedings and action

6                                 Division 1 -- Preliminary

7    46.         Part applicable to former licensees
8          (1)   Disciplinary proceedings may be taken under this Part in relation to a
9                former licensee's behaviour while a licensee as if the former licensee
10               were still a licensee.
11         (2)   However, disciplinary proceedings may be taken against a former
12               licensee only in relation to behaviour that occurred not more than
13               6 years before the day the disciplinary proceedings start.
14         (3)   For the purposes of subsection (1), this Part (other than Division 3)
15               applies, with any necessary changes, as if a reference to a licensee
16               included a former licensee.

17   47.         Meaning of disciplinary action
18         (1)   Disciplinary action, in relation to a licensee, means one or more of
19               the following --
20                 (a)   reprimand the licensee;
21                 (b)   direct the licensee to do or not to do something;
22                 (c)   require the licensee to give the Licensing Authority an
23                       undertaking;
24                 (d)   impose a condition on the licensee's licence;
25                 (e)   impose demerit points on the licensee as provided for in the
26                       national regulations;
27                 (f)   require the licensee to pay to the Licensing Authority a
28                       penalty of not more than the prescribed amount;
29                 (g)   suspend the licensee's licence for a stated period;




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     Schedule       Occupational Licensing National Law
     Part 3         Disciplinary proceedings and action
     cl. 48



1                  (h)     cancel the licensee's licence and disqualify the person from
2                          applying for a specified licence for a period of not more than
3                          5 years;
4                   (i)    cancel the licensee's licence and disqualify the person from
5                          applying for a specified licence for life.
6          (2)   Disciplinary action, in relation to a former licensee, means --
7                  (a) direct the former licensee to do or not to do something;
8                  (b)     require the former licensee to pay to the Licensing Authority
9                          a penalty of not more than the prescribed amount;
10                 (c)     disqualify the former licensee from applying for a specified
11                         licence for a period of not more than 5 years;
12                 (d)     disqualify the former licensee from applying for a specified
13                         licence for life.
14         (3)   The disciplinary action referred to in subsection (1) or (2) is listed in a
15               hierarchy from the least serious action that may be taken to the most
16               serious action.

17                        Division 2 -- Grounds for disciplinary action

18   48.         Grounds for disciplinary action
19         (1)   Each of the following is a ground for which disciplinary action may
20               be taken against a licensee --
21                 (a) the licensee has contravened this Law or the national
22                       regulations;
23                 (b) the licensee has contravened --
24                            (i)   a prescribed Act or regulation of the Commonwealth
25                                  or a State or Territory; or
26                           (ii)   a prescribed provision of an Act or regulation of the
27                                  Commonwealth or a State or Territory;
28                 (c)     the licensee is no longer eligible for a licence or the particular
29                         licence held by the licensee;
30                 (d)     the licensee has not completed the prescribed skills
31                         maintenance requirements or prescribed training
32                         requirements;



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                                   Occupational Licensing National Law    Schedule
                                     Disciplinary proceedings and action      Part 3
                                                                               cl. 49



1                  (e)   the licensee has not paid a fee or other amount required to be
2                        paid under --
3                          (i)     this Law; or
4                          (ii)    a prescribed Act of the Commonwealth or a State or
5                                  Territory;
6                  (f)   the licensee has not complied with an order made by a
7                        disciplinary body in relation to the licensee's licensed
8                        occupation;
9                  (g)   the licensee has not complied with a direction given by a
10                       disciplinary body to do or not to do something;
11                 (h)   the licensee has not complied with a direction given by the
12                       Licensing Authority to the licensee under section 101;
13                 (i)   the licensee's licence was obtained on the basis of
14                       information or a document that was false or misleading;
15                 (j)   the licensee has contravened a condition of the licensee's
16                       licence or an undertaking given by the licensee to the
17                       Licensing Authority;
18                 (k)   the licensee has failed to maintain insurance the licensee is
19                       required by the national regulations to maintain;
20                 (l)   an immediate suspension ground exists in relation to the
21                       licensee.
22         (2)   However, disciplinary action may not be taken against a licensee on a
23               ground referred to in subsection (1) if the ground is prescribed under
24               the national regulations as being a ground for which the licensee's
25               licence is automatically suspended or cancelled.

26                          Division 3 -- Immediate suspension

27   49.         Grounds for immediate suspension
28         (1)   A ground for the immediate suspension of a licensee's licence exists
29               if --
30                 (a)   the licensee is bankrupt or insolvent; or
31                 (b)   the licensee has contravened a relevant law; or
32                 (c)   the licensee has misappropriated funds held on trust by the
33                       licensee; or


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     Schedule       Occupational Licensing National Law
     Part 3         Disciplinary proceedings and action
     cl. 50



1                  (d)   the licensee has been charged with or convicted of an offence
2                        that, under the national regulations, would make the person
3                        ineligible to hold a licence.
4          (2)   Subsection (1)(a) applies only in relation to a licensee who is a
5                member of a prescribed class of licensees.
6          (3)   In this section --
7                bankrupt or insolvent, in relation to a licensee, means the licensee --
8                  (a)   has become bankrupt or insolvent; or
9                  (b)   has applied to take the benefit of any law for the relief of
10                       bankrupt or insolvent debtors; or
11                 (c)   has compounded with creditors or made an assignment of
12                       remuneration for the benefit of creditors; or
13                 (d)   has entered into a compromise or scheme of management
14                       with creditors.
15               convicted, of an offence, includes a plea of guilty or a finding of
16               guilty and includes whether or not a conviction is recorded.
17               relevant law means an Act, regulation, code of practice or standard
18               that is prescribed by the national regulations.

19   50.         Immediate suspension of licence
20         (1)   The Licensing Authority may, by written notice given to a licensee,
21               immediately suspend the licensee's licence if the Authority
22               reasonably believes --
23                 (a)   an immediate suspension ground exists in relation to the
24                       licensee; and
25                 (b)   it is necessary in the public interest to immediately suspend
26                       the licensee's licence.
27         (2)   The written notice must state the following --
28                 (a)   the decision;
29                 (b)   the reasons for the decision;
30                 (c)   the period of the suspension;
31                 (d)   that the licensee may apply to the Licensing Authority for a
32                       review of the decision within 14 days;
33                 (e)   the way the licensee may apply for the review of the decision.

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                                   Occupational Licensing National Law    Schedule
                                     Disciplinary proceedings and action      Part 3
                                                                               cl. 51



1          (3)   The suspension --
2                  (a) takes effect when the notice is given to the licensee; and
3                  (b)   continues until the earlier of the following days --
4                          (i) the day the suspension is revoked by the Licensing
5                               Authority;
6                          (ii)    the day the suspension is revoked on appeal under
7                                  Division 3 of Part 5.

8                             Division 4 -- Show cause process

9    51.         Application of Division
10               The Licensing Authority may start disciplinary proceedings against a
11               licensee under this Division only if an Act of the participating
12               jurisdiction in which the conduct that provides the grounds for the
13               disciplinary proceedings occurred has declared that this Division
14               applies to licensees carrying out the licensed occupation for which the
15               licensee is licensed.

16   52.         Show cause notice
17         (1)   If the Licensing Authority reasonably believes a ground for taking
18               disciplinary action against a licensee exists, the Authority must give
19               the licensee a notice under this section (a show cause notice).
20         (2)   The show cause notice must state the following --
21                 (a) that the Licensing Authority proposes to take disciplinary
22                      action (the proposed action);
23                 (b)   the licence in relation to which the proposed action is to be
24                       taken;
25                 (c)   the ground for the proposed action;
26                 (d)   an outline of the facts and circumstances forming the basis
27                       for the ground;
28                 (e)   an invitation to the licensee to show within a stated period
29                       (the show cause period) why the proposed action should not
30                       be taken.
31         (3)   The show cause period must be a period ending at least 14 days after
32               the show cause notice is given to the licensee.


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     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 3         Disciplinary proceedings and action
     cl. 53



1    53.         Representations about show cause notice
2          (1)   The licensee may --
3                  (a) make written representations about the show cause notice to
4                        the Licensing Authority within the show cause period; or
5                  (b)   make oral representations about the show cause notice to the
6                        Licensing Authority at the time within the show cause period,
7                        and at the place, agreed by the Licensing Authority and the
8                        licensee.
9          (2)   The Licensing Authority must keep a record of oral representations
10               made to it under subsection (1)(b).

11   54.         Decision about whether to take disciplinary action
12               Within 28 days after the show cause period ends, the Licensing
13               Authority must decide whether a ground exists to take disciplinary
14               action against the licensee.

15   55.         Ending show cause process without further action
16               If the Licensing Authority no longer believes a ground exists to take
17               disciplinary action against the licensee, the Authority --
18                  (a) must not take further action about the show cause notice; and
19                 (b)   must, as soon as practicable after making its decision, give
20                       notice to the licensee that no further action will be taken
21                       about the show cause notice.

22   56.         Taking disciplinary action after show cause notice
23         (1)   If the Licensing Authority still believes a ground exists to take
24               disciplinary action against the licensee, the Authority may --
25                 (a)   take the proposed action; or
26                 (b)   take one or more disciplinary actions that, in accordance with
27                       the hierarchy specified in section 47, are less serious than the
28                       proposed action.
29         (2)   In making its decision about what disciplinary action should be taken,
30               the Licensing Authority must have regard to the following --
31                 (a)   the licensee's licensing history;



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                                      Occupational Licensing National Law    Schedule
                                        Disciplinary proceedings and action      Part 3
                                                                                  cl. 57



1                     (b)   whether the ground for the disciplinary action is that the
2                           licensee has contravened --
3                             (i)     this Law or the national regulations; or
4                             (ii)    another Act or regulation;
5                     (c)   if the ground for disciplinary action is a contravention
6                           referred to in paragraph (b), the severity of the contravention
7                           and the period for which the contravention continued.
8          (3)     The Licensing Authority may not take action referred to in
9                  section 47(1)(f) with respect to a ground for disciplinary action if the
10                 licensee has already been fined by a court or a tribunal with respect to
11                 the same behaviour.
12         (4)     The Licensing Authority must, as soon as practicable after making its
13                 decision, give a written notice about the decision to the licensee.
14         (5)     The written notice must state the following --
15                    (a)   the decision;
16                    (b)   the reasons for the decision;
17                    (c)   that the licensee may apply for a review of the decision
18                          within 28 days;
19                    (d)   the way the licensee may apply for the review of the decision.
20         (6)     The decision takes effect on --
21                   (a) the day the notice is given to the licensee; or
22                    (b)   the later day stated in the notice.

23               Division 5 -- Disciplinary proceedings before tribunal or court

24   57.           Application of Division
25                 The Licensing Authority may start disciplinary proceedings against a
26                 licensee under this Division only if an Act of the participating
27                 jurisdiction in which the conduct that provides the grounds for the
28                 disciplinary proceedings occurred has declared that this Division
29                 applies to licensees carrying out the licensed occupation for which the
30                 licensee is licensed.




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     Schedule       Occupational Licensing National Law
     Part 4         Monitoring and enforcement
     cl. 58



1    58.         Application to relevant tribunal or court
2                If the Licensing Authority reasonably believes a ground for taking
3                disciplinary action against a licensee exists, the Authority may apply
4                to the relevant tribunal or court for the participating jurisdiction.

5    59.         Decision by relevant tribunal or court
6          (1)   After hearing the matter about the licensee, the relevant tribunal or
7                court must decide --
8                  (a) the licensee has no case to answer; or
9                  (b)   that a ground exists to take disciplinary action against the
10                       licensee.
11         (2)   If the relevant tribunal or court decides that a ground exists to take
12               disciplinary action against the licensee, the tribunal or court may
13               decide to take one or more disciplinary actions against the licensee.
14         (3)   However, the relevant tribunal or court may not take action referred to
15               in section 47(1)(f) with respect to a ground for disciplinary action if
16               the licensee has already been fined by a court or a tribunal with
17               respect to the same behaviour.

18   60.         Licensing Authority to give effect to decision of relevant tribunal
19               or court
20               The Licensing Authority must give effect to a decision of the relevant
21               tribunal or court, unless the decision is stayed on appeal.

22                       Part 4 -- Monitoring and enforcement

23                       Division 1 -- Power to obtain information

24   61.         Powers of authorised officers
25         (1)   This section applies if an authorised officer reasonably believes --
26                 (a) an offence against this Law or a prescribed Act has been
27                       committed; and
28                 (b)   a person may be able to give information about the offence.




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                                   Occupational Licensing National Law    Schedule
                                           Monitoring and enforcement         Part 4
                                                                               cl. 62



1          (2)   The authorised officer may, by written notice given to a person,
2                require the person to --
3                  (a)      give stated information to the authorised officer within a
4                           stated reasonable time and in a stated reasonable way; or
5                  (b)      attend before the authorised officer at a stated reasonable time
6                           and a stated reasonable place to answer questions or produce
7                           documents.

8    62.         Offence for failing to produce information or attend before
9                authorised officer
10         (1)   A person required to give stated information to an authorised officer
11               under section 61(2)(a) must not fail, without reasonable excuse, to
12               give the information as required by the notice.
13               Penalty:
14                    (a)      for an individual -- $10,000; or
15                       (b)   for a body corporate -- $50,000.
16         (2)   A person given a notice to attend before an authorised officer under
17               section 61(2)(b) must not fail, without reasonable excuse, to --
18                 (a)      attend as required by the notice; and
19                 (b)      continue to attend as required by the authorised officer until
20                          excused from further attendance; and
21                 (c)      answer a question the person is required to answer by the
22                          authorised officer; and
23                 (d)      produce a document the person is required to produce by the
24                          notice.
25               Penalty:
26                       (a)   for an individual -- $10,000; or
27                       (b)   for a body corporate -- $50,000.
28         (3)   For the purposes of subsections (1) and (2), it is a reasonable excuse
29               for an individual to fail to give stated information, answer a question
30               or produce a document, if giving the information, answering the
31               question or producing the document might tend to incriminate the
32               individual.




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     Schedule       Occupational Licensing National Law
     Part 4         Monitoring and enforcement
     cl. 63



1    63.         Power to require licensee to produce documents
2          (1)   An authorised officer may require a licensee to make available, or
3                produce, for inspection by the authorised officer at a reasonable time
4                and place nominated by the authorised officer, a document to which
5                the licensee has access and that the licensee is required to keep under
6                this Law or a prescribed Act or that otherwise relates to the licensee's
7                obligations under this Law or a prescribed Act.
8          (2)   A licensee required to make available or produce a document under
9                subsection (1) must not fail, without reasonable excuse, to comply
10               with the requirement.
11               Penalty:
12                    (a)      for an individual -- $10,000;
13                       (b)   for a body corporate -- $50,000.

14   64.         Inspection of documents
15         (1)   If a document is produced to an authorised officer under section 61
16               or 63, the authorised officer may --
17                 (a)     inspect the document; and
18                 (b)     make a copy of, or take an extract from, the document; and
19                 (c)     keep the document while it is necessary for an investigation
20                         being carried out by the authorised officer.
21         (2)   If the authorised officer keeps the document, the authorised officer
22               must --
23                 (a)     give the person who produced the document a receipt for the
24                         document; and
25                 (b)     permit a person otherwise entitled to possession of the
26                         document to inspect, make a copy of, or take an extract from,
27                         the document at the reasonable time and place decided by the
28                         authorised officer.




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                                    Occupational Licensing National Law    Schedule
                                            Monitoring and enforcement         Part 4
                                                                                cl. 65



1                            Division 2 -- Power to enter places

2    65.         Entering places
3          (1)   An authorised officer may enter and inspect a place for the purpose of
4                investigating --
5                  (a)   whether this Law or a prescribed Act is being complied with;
6                        or
7                  (b)   whether work being carried out under a licence has been, or is
8                        being, carried out in accordance with this Law or a prescribed
9                        Act.
10         (2)   An authorised officer may only enter and inspect a place --
11                (a) if the place is a relevant place --
12                          (i)     with the consent of the occupier or person in control
13                                  of the place; or
14                         (ii)     during times prescribed work is being carried out at
15                                  the place; or
16                         (iii)    if it is a public place and the entry is made when it is
17                                  open to the public; or
18                         (iv) if the entry is authorised by a warrant; or
19                 (b)   if the place is not a relevant place, if the entry is authorised
20                       by a warrant.
21         (3)   For the purpose of asking the occupier or person in control of a
22               relevant place for consent to enter, an authorised officer may, without
23               the consent of the occupier or person in control, enter the place to the
24               extent that is reasonable to contact the person.
25         (4)   Subsection (2)(a) does not allow entry to a home without the
26               occupier's consent or a warrant.
27         (5)   In this section --
28               home means any part of a building, caravan or other structure in
29               which an individual lives.
30               public place means --
31                 (a) a place, or a part of a place, that the public is entitled to use,
32                       that is open to members of the public or that is used by the
33                       public, whether or not on payment of money; or


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1                  (b)   a place, or part of a place, that the occupier allows members
2                        of the public to enter, whether or not on payment of money.

3    66.         Application for warrant
4          (1)   An authorised officer may apply to a magistrate of a participating
5                jurisdiction for a warrant for a place.
6          (2)   The authorised officer must prepare a written application that states
7                the grounds on which the warrant is sought.
8          (3)   The written application must be sworn.
9          (4)   The magistrate may refuse to consider the application until the
10               authorised officer gives the magistrate all the information the
11               magistrate requires about the application in the way the magistrate
12               requires.

13   67.         Issue of warrant
14         (1)   The magistrate may issue the warrant only if the magistrate is
15               satisfied --
16                 (a)   there are reasonable grounds for suspecting there is a
17                       particular thing or activity that may provide evidence of an
18                       offence against this Law or a prescribed Act at the place; or
19                 (b)   it is necessary for the purpose of determining whether work
20                       being carried out under a licence has been, or is being, carried
21                       out in accordance with this Law or a prescribed Act at the
22                       place.
23         (2)   The warrant must state --
24                 (a) that a stated authorised officer may, with necessary and
25                      reasonable help and force --
26                          (i)   enter the place and any other place necessary for
27                                entry; and
28                         (ii)   exercise the authorised officer's powers under this
29                                Part; and
30                 (b)   the matter for which the warrant is sought; and
31                 (c)   the evidence that may be seized under the warrant; and
32                 (d)   the hours of the day or night when the place may be entered;
33                       and

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1                  (e)   the date, within 14 days after the warrant's issue, the warrant
2                        ends.

3    68.         Application by electronic communication
4          (1)   An authorised officer may apply for a warrant by phone, facsimile,
5                email, radio, video conferencing or another form of communication if
6                the authorised officer considers it necessary because of --
7                  (a)   urgent circumstances; or
8                  (b)   other special circumstances, including the authorised officer's
9                        remote location.
10         (2)   The application --
11                 (a) may not be made before the authorised officer prepares the
12                      written application under section 66(2); but
13                 (b)   may be made before the written application is sworn.
14         (3)   The magistrate may issue the warrant (the original warrant) only if
15               the magistrate is satisfied --
16                 (a)   it was necessary to make the application under subsection (1);
17                       and
18                 (b)   the way the application was made under subsection (1) was
19                       appropriate.
20         (4)   After the magistrate issues the original warrant --
21                 (a) if there is a reasonably practicable way of immediately giving
22                       a copy of the warrant to the authorised officer, for example,
23                       by sending a copy by fax or email, the magistrate must
24                       immediately give a copy of the warrant to the authorised
25                       officer; or
26                 (b) otherwise --
27                         (i)     the magistrate must tell the authorised officer the date
28                                 and time the warrant is issued and the other terms of
29                                 the warrant; and
30                         (ii)    the authorised officer must complete a form of
31                                 warrant including by writing on it --
32                                    (A)    the magistrate's name; and



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1                                    (B)    the date and time the magistrate issued the
2                                           warrant; and
3                                    (C)    the other terms of the warrant.
4          (5)   The copy of the warrant referred to in subsection (4)(a), or the form of
5                warrant completed under subsection (4)(b) (in either case the
6                duplicate warrant), is a duplicate of, and as effectual as, the original
7                warrant.
8          (6)   The authorised officer must, at the first reasonable opportunity, send
9                to the magistrate --
10                 (a)   the written application complying with section 66(2) and (3);
11                       and
12                 (b)   if the authorised officer completed a form of warrant under
13                       subsection (4)(b), the completed form of warrant.
14         (7)   The magistrate must keep the original warrant and, on receiving the
15               documents under subsection (6), file the original warrant and
16               documents in the court.
17         (8)   Despite subsection (5), if --
18                 (a) an issue arises in a proceeding about whether an exercise of a
19                       power was authorised by a warrant issued under this section;
20                       and
21                 (b)   the original warrant is not produced in evidence;
22               the onus of proof is on the person relying on the lawfulness of the
23               exercise of the power to prove a warrant authorised the exercise of the
24               power.
25         (9)   This section does not limit section 66.

26   69.         Procedure before entry under warrant
27         (1)   Before entering a place under a warrant, an authorised officer must do
28               or make a reasonable attempt to do the following --
29                  (a) identify himself or herself to a person present at the place
30                       who is an occupier of the place or the person apparently in
31                       control of the place by producing the authorised officer's
32                       identity card or another document evidencing the authorised
33                       officer's appointment;


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1                  (b)   give the person a copy of the warrant;
2                  (c)   tell the person the authorised officer is permitted by the
3                        warrant to enter the place;
4                  (d)   give the person an opportunity to allow the authorised officer
5                        immediate entry to the place without using force.
6          (2)   However, the authorised officer need not comply with subsection (1)
7                if the authorised officer reasonably believes that immediate entry to
8                the place is required to ensure the effective execution of the warrant is
9                not frustrated.

10   70.         Powers after entering places
11         (1)   This section applies if an authorised officer enters a place under
12               section 65.
13         (2)   The authorised officer may for the purposes of the investigation do
14               the following --
15                 (a)   search any part of the place;
16                 (b)   inspect, measure, test, photograph or film any part of the
17                       place or anything at the place;
18                 (c)   take a thing, or a sample of or from a thing, at the place for
19                       analysis, measurement or testing;
20                 (d)   copy, or take an extract from, a document at the place;
21                 (e)   take into or onto the place any person, equipment and
22                       materials the authorised officer reasonably requires for
23                       exercising a power under this Part;
24                 (f)   require the occupier of the place, or a person at the place, to
25                       give the authorised officer reasonable help to exercise the
26                       authorised officer's powers under paragraphs (a) to (e);
27                 (g)   require the occupier of the place, or a person at the place, to
28                       give the authorised officer information, including, for
29                       example, the person's name, address or licence number, to
30                       help the authorised officer ascertain whether this Law or the
31                       prescribed Act is being complied with.
32         (3)   The authorised officer may also require any of the following persons
33               to do, or refrain from doing, something at the place if the officer



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1                reasonably believes it is necessary to do so to prevent injury or other
2                harm to persons at the place --
3                  (a)     a licensee who has been carrying out prescribed work at the
4                          place or a person acting under the direction of the licensee;
5                  (b)     a person who has been carrying out prescribed work at the
6                          place under the direction of or on behalf of a licensee;
7                  (c)     the occupier of the place or a person at the place.
8          (4)   When making a requirement mentioned in subsection (2)(f) or (g)
9                or (3), the authorised officer must warn the person it is an offence to
10               fail to comply with the requirement unless the person has a reasonable
11               excuse.

12   71.         Offences for failing to comply with requirement under section 70
13         (1)   A person required to give reasonable help under section 70(2)(f) must
14               comply with the requirement, unless the person has a reasonable
15               excuse.
16               Penalty:
17                    (a)      for an individual -- $10,000; or
18                       (b)   for a body corporate -- $50,000.
19         (2)   A person of whom a requirement is made under section 70(2)(g)
20               or (3) must comply with the requirement, unless the person has a
21               reasonable excuse.
22               Penalty:
23                    (a)      for an individual -- $10,000; or
24                    (b)      for a body corporate -- $50,000.
25         (3)   It is a reasonable excuse for an individual not to comply with a
26               requirement under section 70(2)(f) or (g)that complying with the
27               requirement might tend to incriminate the individual.

28                       Division 3 -- Power to stop and search vehicles

29   72.         Division applies only to certain licensed occupations
30               This Division applies only in relation to a licensed occupation that is
31               prescribed as being a relevant occupation for the purposes of this
32               Division.

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1    73.         Power to stop and search vehicles
2          (1)   An authorised officer may enter a vehicle and exercise the powers set
3                out in section 70(2) if --
4                  (a) the authorised officer is investigating whether work being
5                         carried out under a licence has been, or is being, carried out
6                         in accordance with this Law or a prescribed Act; or
7                  (b) the authorised officer suspects on reasonable grounds that --
8                           (i)    the vehicle is being, or has been, used in the
9                                  commission of an offence against this Law or a
10                                 prescribed Act in relation to a relevant occupation; or
11                         (ii)    the vehicle, or anything on or in the vehicle, may
12                                 afford evidence of the commission of an offence
13                                 against this Law or a prescribed Act in relation to a
14                                 relevant occupation.
15         (2)   The authorised officer may enter the vehicle and exercise the powers
16               with necessary and reasonable help and force, and without consent or
17               a warrant.
18         (3)   Without limiting subsection (2), the authorised officer may require the
19               driver of the vehicle or the person otherwise in control of the
20               vehicle --
21                 (a)   to give the authorised officer reasonable help to enable the
22                       vehicle to be entered; or
23                 (b)   to bring the vehicle to a specified place and remain in control
24                       of the vehicle to enable the authorised officer to exercise the
25                       authorised officer's powers in relation to the vehicle.
26         (4)   A person must not, without reasonable excuse, contravene a
27               requirement under subsection (3).
28               Penalty: $10,000.
29         (5)   If the vehicle is moving or about to move the authorised officer may
30               signal the driver of the vehicle to stop or not to move the vehicle.
31         (6)   A person must not, without reasonable excuse, disobey a signal under
32               subsection (5).
33               Penalty: $10,000.



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1          (7)   It is a reasonable excuse for the person to fail to stop or to move the
2                vehicle if --
3                  (a)   to immediately obey the signal would have endangered, or
4                        damaged the property of, the person or another person; and
5                  (b)   the person obeys the signal as soon as it is practicable to obey
6                        the signal.

7                           Division 4 -- Power to seize evidence

8    74.         Seizing evidence at place entered with consent or warrant
9          (1)   If an authorised officer enters a place with the consent of the occupier
10               or person in control of the place, the authorised officer may seize a
11               thing at the place if --
12                 (a)   the authorised officer reasonably believes the thing is
13                       evidence that is relevant to the investigation being conducted
14                       by the authorised officer; and
15                 (b)   seizing the thing is consistent with the purpose of the entry as
16                       told to the occupier or person in control when asking for the
17                       occupier's or person in control's consent.
18         (2)   If an authorised officer enters a place with a warrant, the authorised
19               officer may seize the evidence for which the warrant was issued.
20         (3)   For the purposes of subsections (1) and (2), the authorised officer may
21               also seize anything else at the place if the authorised officer
22               reasonably believes --
23                 (a)   the thing is evidence that is relevant to the investigation; and
24                 (b)   seizing the thing is necessary to prevent the thing being
25                       hidden, lost or destroyed.

26   75.         Seizing evidence from other places
27         (1)   This section applies if an authorised officer does any of the following
28               without consent or a warrant --
29                 (a)   enters a place during times when prescribed work is being
30                       carried out at the place;
31                 (b)   enters a public place when the place is open to the public;
32                 (c)   enters a vehicle.


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1          (2)   The authorised officer may seize a thing at the place, or on or in the
2                vehicle, if the authorised officer reasonably believes the thing is
3                evidence that is relevant to the investigation being conducted by the
4                authorised officer.

5    76.         Securing evidence
6          (1)   Having seized a thing, an authorised officer may --
7                  (a)   move the thing from the place where it was seized; or
8                  (b)   leave the thing at the place where it was seized but --
9                           (i)    take reasonable action to restrict access, or prevent or
10                                 mitigate damage, to it; or
11                         (ii)    direct the person the authorised officer reasonably
12                                 believes is in control of the seized thing to take
13                                 reasonable action to restrict access, or prevent or
14                                 mitigate damage, to it; or
15                        (iii)    for equipment, make it inoperable, or direct the
16                                 person the authorised officer reasonably believes is in
17                                 control of the thing to make it inoperable.
18         (2)   A person to whom a direction is given under subsection (1)(b)(ii)
19               or (iii) must comply with the direction.
20               Penalty: $10,000.

21   77.         Tampering with seized things
22         (1)   If an authorised officer or a person acting at the officer's direction
23               restricts access to a seized thing, a person must not tamper or attempt
24               to tamper with it, or something restricting access to it, without an
25               authorised officer's approval.
26               Penalty: $25,000.
27         (2)   If an authorised officer or a person acting at the officer's direction
28               makes a seized thing inoperable, a person must not tamper or attempt
29               to tamper with the thing, without an authorised officer's approval.
30               Penalty: $25,000.




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1    78.         Receipt for seized things
2          (1)   As soon as practicable after an authorised officer seizes a thing, the
3                authorised officer must give a receipt for it to the person from whom
4                it was seized.
5          (2)   However, if for any reason it is not practicable to comply with
6                subsection (1), the authorised officer must leave the receipt at the
7                place where it was seized in a conspicuous position and in a
8                reasonably secure way.
9          (3)   The receipt must describe generally the seized thing and its condition.
10         (4)   This section does not apply to a thing if it is impracticable or would
11               be unreasonable to give the receipt given the thing's nature, condition
12               and value.

13   79.         Forfeiture of seized thing
14         (1)   A seized thing is forfeited to the Licensing Authority if the
15               Authority --
16                 (a)   cannot find its owner, after making reasonable inquiries; or
17                 (b)   cannot return it to its owner, after making reasonable efforts.
18         (2)   In applying subsection (1) --
19                  (a) subsection (1)(a) does not require the Licensing Authority to
20                       make inquiries if it would be unreasonable to make inquiries
21                       to find the owner; and
22                 (b)   subsection (1)(b) does not require the Licensing Authority to
23                       make efforts if it would be unreasonable to make efforts to
24                       return the thing to its owner.
25         (3)   Regard must be had to a thing's nature, condition and value in
26               deciding --
27                 (a)   whether it is reasonable to make inquiries or efforts; and
28                 (b)   if making inquiries or efforts, what inquiries or efforts,
29                       including the period over which they are made, are
30                       reasonable.




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1    80.         Dealing with forfeited things
2          (1)   On the forfeiture of a thing to the Licensing Authority, the thing
3                becomes the Authority's property and may be dealt with by the
4                Authority as the Authority considers appropriate.
5          (2)   Without limiting subsection (1), the Licensing Authority may destroy
6                or dispose of the thing.

7    81.         Return of seized things
8                If a seized thing has not been forfeited, the Licensing Authority must
9                immediately return the thing to its owner if the Authority is no longer
10               satisfied its continued retention as evidence is necessary.

11   82.         Access to seized things
12         (1)   Until a seized thing is forfeited or returned, the Licensing Authority
13               must allow its owner to inspect it and, if it is a document, to copy it.
14         (2)   Subsection (1) does not apply if it is impracticable or would be
15               unreasonable to allow the inspection.

16                                  Division 5 -- General

17   83.         Compensation
18         (1)   A person may claim from the Licensing Authority the cost of
19               repairing or replacing property damaged because of the exercise or
20               purported exercise of a power under this Part by an authorised officer.
21         (2)   Without limiting subsection (1), compensation may be claimed for
22               damage to property incurred in complying with a requirement made of
23               the person under this Part.
24         (3)   Compensation is not payable for damage caused to the property of a
25               relevant person if the exercise or purported exercise of the power
26               under this Part by the authorised officer occurred in the course of an
27               investigation of the relevant person.
28         (4)   Compensation may be claimed and ordered to be paid in a proceeding
29               brought in a court with jurisdiction for the recovery of the amount of
30               compensation claimed.



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1          (5)   A court may order compensation to be paid only if it is satisfied it is
2                just to make the order in the circumstances of the particular case.
3          (6)   The national regulations may provide for matters to which a court
4                may, must or must not have regard in deciding whether to make an
5                order under this section.
6          (7)   In this section --
7                relevant person means the following --
8                  (a)      a licensee;
9                  (b)      a person, other than a licensee, who is or was carrying out
10                          prescribed work;
11                 (c)      a person, other than a licensee, who is or was advertising or
12                          holding out that he or she was licensed to carry out a licensed
13                          occupation.

14   84.         False or misleading information
15               A person must not, in relation to a licence or a licensed occupation,
16               state anything to an authorised officer that the person knows is false
17               or misleading in a material particular.
18               Penalty:
19                    (a)      for an individual -- $25,000; or
20                    (b)      for a body corporate -- $125,000.

21   85.         False or misleading documents
22         (1)   A person must not give an authorised officer a document containing
23               information the person knows is false or misleading in a material
24               particular.
25               Penalty:
26                       (a)   for an individual -- $25,000; or
27                       (b)   for a body corporate -- $125,000.
28         (2)   Subsection (1) does not apply to a person who, when giving the
29               document --
30                 (a)      informs the authorised officer, to the best of the person's
31                          ability, how it is false or misleading; and



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1                  (b)      gives the correct information to the authorised officer if the
2                           person has, or can reasonably obtain, the correct information.

3    86.         Obstructing authorised officers
4          (1)   A person must not obstruct an authorised officer in the exercise of a
5                power, unless the person has a reasonable excuse.
6                Penalty:
7                        (a)   for an individual -- $25,000; or
8                        (b)   for a body corporate -- $125,000.
9          (2)   If a person has obstructed an authorised officer and the authorised
10               officer decides to proceed with the exercise of the power, the
11               authorised officer must warn the person that --
12                 (a)      it is an offence to obstruct the authorised officer, unless the
13                          person has a reasonable excuse; and
14                 (b)      the authorised officer considers the person's conduct is an
15                          obstruction.
16         (3)   In this section --
17               obstruct includes hinder and attempt to obstruct or hinder.

18   87.         Impersonation of authorised officers
19               A person must not pretend to be an authorised officer.
20               Penalty: $25,000.

21                              Part 5 -- Reviews and Appeals

22                                  Division 1 -- Preliminary

23   88.         Definitions
24               In this Part --
25               affected person, for a reviewable decision, means a person prescribed
26               by the national regulations as being a person who may apply for an
27               internal review of the reviewable decision.
28               reviewable decision means any of the following decisions made under
29               this Law --
30                 (a)      a decision to refuse to grant a licence;

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1                  (b)   a decision to refuse to renew or vary a licence;
2                  (c)   a decision to vary a licence at the Licensing Authority's
3                        initiative;
4                  (d)   a decision to immediately suspend a licence;
5                  (e)   a decision by the Licensing Authority to take disciplinary
6                        action against a licensee;
7                  (f)   a decision to revoke a licence;
8                  (g)   a decision to give a licensee, or a member of a class of
9                        licensees, a direction under section 101;
10                 (h)   another decision prescribed by the national regulations as
11                       being a decision for which a person may apply for an internal
12                       review under this Part.
13               review decision see section 91.
14               reviewer means a person deciding an internal review of a reviewable
15               decision under this Part.

16                                 Division 2 -- Reviews

17   89.         Applying for internal review
18         (1)   An affected person for a reviewable decision may apply to the
19               Licensing Authority for an internal review of the decision.
20         (2)   The application must be made within 28 days after the day the
21               affected person is given notice of the reviewable decision.
22         (3)   The Licensing Authority may, at any time, extend the time for
23               applying for the internal review.
24         (4)   The application for an internal review must be in writing and state
25               fully the grounds of the application.

26   90.         Internal review
27         (1)   An internal review must not be decided by --
28                (a) the person who made the reviewable decision; or
29                 (b)   a person who holds a less senior position than that person.




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1          (2)   The reviewer must conduct the review on --
2                  (a) the material before the Licensing Authority that led to the
3                        reviewable decision; and
4                  (b)   the reasons for the reviewable decision; and
5                  (c)   any other relevant material the reviewer allows.
6          (3)   For the review, the reviewer must give the affected person a
7                reasonable opportunity to make written or oral representations to the
8                reviewer.

9    91.         Review decision
10         (1)   The reviewer must make a decision (the review decision) to --
11                 (a)   confirm the reviewable decision; or
12                 (b)   amend the reviewable decision; or
13                 (c)   substitute another decision for the reviewable decision.
14         (2)   If the review decision confirms the reviewable decision, for the
15               purpose of an appeal, the reviewable decision is taken to be the
16               review decision.
17         (3)   If the review decision amends the reviewable decision, for the
18               purpose of an appeal, the reviewable decision as amended is taken to
19               be the review decision.
20         (4)   If the review decision substitutes another decision for the reviewable
21               decision, for the purpose of an appeal, the substituted decision is
22               taken to be the review decision.

23   92.         Notice of review decision
24         (1)   The Licensing Authority must, as soon as practicable after the review
25               decision is made, give the affected person notice (the review notice)
26               of the review decision.
27         (2)   If the review decision is not the decision sought by the affected
28               person, the review notice must also state the following --
29                 (a)   the reasons for the decision;
30                 (b)   that the affected person may appeal against the decision in
31                       accordance with the national regulations;
32                 (c)   how to appeal.

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1          (3)   If the Licensing Authority does not give the review notice within the
2                review period the Authority is taken to have made a review decision
3                confirming the reviewable decision.
4          (4)   In this section --
5                review period means --
6                  (a)   the period ending 28 days after the application is made; or
7                  (b)   the period, ending not more than 56 days after the application
8                        is made, agreed between the Authority and the affected
9                        person.

10                                   Division 3 -- Appeals

11   93.         Appellable decisions
12         (1)   A person who has applied for an internal review of a reviewable
13               decision under Division 2 and is dissatisfied with the review decision
14               may appeal against the review decision to the relevant tribunal or
15               court for a participating jurisdiction.
16         (2)   Also, the relevant tribunal or court for a participating jurisdiction may
17               deal with an appeal by a person against a reviewable decision if the
18               person did not apply for an internal review of the reviewable decision
19               under Division 2 but only if --
20                 (a) the relevant tribunal or court is satisfied --
21                          (i)    the person was an affected person for the reviewable
22                                 decision; and
23                         (ii)    the person made a late application for the internal
24                                 review; and
25                         (iii)   the person dealing with the application unreasonably
26                                 refused to consider the application; and
27                         (iv)    the appeal was lodged within a reasonable time after
28                                 the making of the reviewable decision; or
29                 (b)   the relevant tribunal or court is satisfied --
30                         (i) the person was an affected person for the reviewable
31                                decision; and




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                                                                                cl. 94



1                          (ii)     it is necessary for the relevant tribunal or court to
2                                   deal with the appeal to protect the applicant's
3                                   interests; and
4                         (iii)     the appeal was lodged within a reasonable time after
5                                   the making of the reviewable decision.

6    94.         Proceedings and decision
7          (1)   After hearing the matter, the relevant tribunal or court must --
8                  (a)   confirm the review decision or reviewable decision; or
9                  (b)   amend the review decision or reviewable decision; or
10                 (c)   substitute another decision for the review decision or
11                       reviewable decision.
12         (2)   In substituting another decision for the review decision or reviewable
13               decision, the relevant tribunal or court has the same powers as the
14               entity that made the review decision or reviewable decision.

15                                Part 6 -- Ministerial Council

16   95.         Functions of Ministerial Council
17               The Ministerial Council is responsible for the effective
18               implementation and operation of the national licensing system.

19   96.         Directions
20         (1)   The Ministerial Council may give directions to the Licensing
21               Authority about the policies to be applied by the Licensing Authority
22               in exercising its functions.
23         (2)   However, neither the Ministerial Council nor a Minister may give a
24               direction to the Licensing Authority about --
25                 (a)   a particular person; or
26                 (b)   a particular application; or
27                 (c)   a particular disciplinary proceeding or disciplinary action.




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     Schedule       Occupational Licensing National Law
     Part 7         National Occupational Licensing Authority
     cl. 97



1                Part 7 -- National Occupational Licensing Authority

2                   Division 1 -- Establishment, functions and powers

3    97.         Establishment of Licensing Authority
4          (1)   The National Occupational Licensing Authority is established.
5          (2)   The Licensing Authority --
6                  (a) is a body corporate with perpetual succession; and
7                  (b)   has a common seal; and
8                  (c)   may sue and be sued in its corporate name.
9          (3)   The Licensing Authority represents the State.

10   98.         General powers of Licensing Authority
11               The Licensing Authority has all the powers of an individual and, in
12               particular, may --
13                 (a) enter into contracts; and
14                 (b)   acquire, hold, dispose of, and deal with, real and personal
15                       property; and
16                 (c)   do anything necessary or convenient to be done in the
17                       performance of its functions.

18   99.         Functions of Licensing Authority
19         (1)   The principal functions of the Licensing Authority are --
20                 (a) to develop policy about, and administer, the national
21                       licensing system; and
22                 (b) to provide advice to the Ministerial Council about matters
23                       relating to the national licensing system.
24         (2)   In exercising its functions, the Licensing Authority must have regard
25               to the objectives of the national licensing system set out in section 3.
26         (3)   Without limiting subsection (1), the functions of the Licensing
27               Authority include the following --
28                 (a)   to give effect to policy directions and other decisions made
29                       by the Ministerial Council;


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                National Occupational Licensing Authority     Part 7
                                                               cl. 99



1    (b)    to undertake reviews of legislation, and develop and review
2           policy matters, relating to occupational licensing and provide
3           advice to the Ministerial Council about matters arising out of
4           the reviews;
5    (c)    to analyse, and prepare projections about, its budget and
6           provide the analysis and projections to the Ministerial
7           Council;
8    (d)    to manage its resources in a way that ensures the national
9           licensing system is as efficient as possible;
10   (e)    to review and make recommendations about any national
11          licensing fees provided for under this Law;
12   (f)    to undertake research and consultation to support the
13          development, monitoring and maintenance of policy about --
14            (i)    the regulation of licensed occupations; and
15           (ii)    the licensing of persons carrying out licensed
16                   occupations; and
17           (iii)   requirements relating to the conduct of licensees;
18   (g)    to regulate the conduct of licensees;
19   (h)    to prosecute persons who commit offences against this Law
20          or the national regulations;
21    (i)   to keep up-to-date and publicly accessible national registers
22          of licensees;
23    (j)   to develop, for approval by the Ministerial Council, measures
24          and processes for assessing its performance and to report on
25          the measures and processes to the Council;
26   (k)    to advise the Ministerial Council on issues relevant to the
27          national licensing system;
28    (l)   to liaise with participating jurisdictions in a way that is
29          transparent and provides for the sharing of information with
30          State or Territory entities, relevant jurisdictional regulators
31          and statutory bodies having functions in relation to licensed
32          occupations or licensees;
33   (m)    to co-operate with any entity reviewing the national licensing
34          system;




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     Part 7         National Occupational Licensing Authority
     cl. 100



1                (n)   to establish, as appropriate, committees and other
2                      mechanisms to assist the Authority in performing its
3                      functions.

4    100.      Consultation
5              In exercising its functions in relation to reviewing legislation or
6              developing or reviewing policy matters about licensed occupations,
7              the Licensing Authority must, to the extent the Authority considers
8              reasonable in the circumstances, consult with --
9                (a)   stakeholders from relevant licensed occupations; and
10               (b)   the community.

11   101.      Directions
12      (1)    The Licensing Authority may give a direction to a licensee, or a class
13             of licensees, about a matter relating to the way in which the licensee
14             or class of licensees carries out the licensed occupation.
15      (2)    A direction must be given by written notice given to the licensee, or
16             each licensee who is a member of the class of licensees, the subject of
17             the direction.

18   102.      Delegation
19      (1)    The Licensing Authority may delegate any of its functions, other than
20             developing policy about the national licensing system, to --
21               (a) an entity, or the chief executive of an entity or department of
22                     government, of a participating jurisdiction nominated by the
23                     member of the Ministerial Council that represents that
24                     jurisdiction; or
25               (b)   a member of the police force or police service of a
26                     participating jurisdiction.
27      (2)    The Licensing Authority may delegate any of its functions to the chief
28             executive officer or another member of the Authority's staff.
29      (3)    An entity or chief executive to whom a function has been delegated
30             under subsection (1)(a) by the Licensing Authority may subdelegate
31             the function (including this power of subdelegation).




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                                Occupational Licensing National Law  Schedule
                           National Occupational Licensing Authority     Part 7
                                                                        cl. 103



1              Division 2 -- Governing Board of Licensing Authority

2                     Subdivision 1 -- Establishment and functions

3    103.     National Occupational Licensing Board
4       (1)   The Licensing Authority has a governing board known as the National
5             Occupational Licensing Board.
6       (2)   The Licensing Board consists of not more than 10 members appointed
7             by the Ministerial Council.
8       (3)   The members of the Licensing Board consist of --
9               (a)     one person appointed by the Ministerial Council as
10                      Chairperson, being a person who is not a licensee or
11                      otherwise involved in any licensed occupation; and
12              (b)     2 persons (jurisdictional regulator members) who are
13                      jurisdictional regulators or members of the staff of
14                      jurisdictional regulators, nominated by the chief executives of
15                      First Ministers' Departments; and
16              (c)     other persons the Ministerial Council considers have
17                      appropriate skills or experience in unions, employer
18                      representation, consumer advocacy or training.
19      (4)   In appointing members of the Licensing Board, the Ministerial
20            Council must have regard to the need for the Board to have an
21            appropriate balance of skills and expertise among its members.

22   104.     Functions of Licensing Board
23      (1)   The affairs of the Licensing Authority are to be controlled by the
24            Licensing Board.
25      (2)   All acts and things done in the name of, or on behalf of, the Licensing
26            Authority by or with the authority of the Licensing Board are taken to
27            have been done by the Licensing Authority.
28      (3)   The Licensing Board must ensure the Licensing Authority performs
29            its functions in a proper, effective and efficient way.
30      (4)   The Licensing Board has any other functions given to the Licensing
31            Board by or under this Law.



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     Schedule       Occupational Licensing National Law
     Part 7         National Occupational Licensing Authority
     cl. 105



1                              Subdivision 2 -- Members

2    105.      Terms of office of members
3       (1)    Subject to this Division, a member holds office --
4                (a)   for a jurisdictional regulator member, for 2 years; and
5                (b)   otherwise, for the period, not more than 3 years, specified in
6                      the member's instrument of appointment.
7       (2)    If otherwise qualified, a member is eligible for reappointment.

8    106.      Remuneration
9       (1)    A member, other than a jurisdictional regulator member, is entitled to
10             be paid the remuneration and allowances decided by the remuneration
11             tribunal from time to time.
12      (2)    In this section --
13             remuneration tribunal means a tribunal prescribed by the national
14             regulations.

15   107.      Vacancy in office of member
16      (1)    The office of a member becomes vacant if the member --
17               (a) completes a term of office; or
18               (b)   resigns the office by signed notice given to the Chairperson
19                     of the Ministerial Council; or
20               (c)   is removed from office by the Chairperson of the Ministerial
21                     Council under this section; or
22               (d)   is absent, without leave first being granted by the Licensing
23                     Board, from 3 or more consecutive meetings of the Board of
24                     which reasonable notice has been given to the member
25                     personally or by post; or
26               (e)   dies.
27      (2)    The Chairperson of the Ministerial Council may remove a member
28             from office if --
29               (a)   the member has been found guilty of an offence (whether in a
30                     participating jurisdiction or elsewhere) that, in the opinion of



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                          National Occupational Licensing Authority     Part 7
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1                     the Chairperson of the Ministerial Council, renders the
2                     member unfit to continue to hold the office of member; or
3               (b)   the member becomes bankrupt, applies to take the benefit of
4                     any law for the relief of bankrupt or insolvent debtors,
5                     compounds with member's creditors or makes an assignment
6                     of member's remuneration for their benefit; or
7               (c)   the Licensing Board recommends the removal of the member,
8                     on the basis that the member has engaged in misconduct or
9                     has failed or is unable to properly exercise the member's
10                    functions as a member.

11   108.     Vacancies to be advertised
12      (1)   Before the Ministerial Council appoints a member of the Licensing
13            Board, other than a jurisdictional regulator member, the vacancy to be
14            filled is to be publicly advertised.
15      (2)   It is not necessary to advertise a vacancy in the membership of the
16            Licensing Board before appointing a person to act in the office of a
17            member.

18   109.     Extension of term of office during vacancy in membership
19      (1)   If the office of a member becomes vacant because the member has
20            completed the member's term of office, the member is taken to
21            continue to be a member during that vacancy until the date on which
22            the vacancy is filled, whether by re-appointment of the member or
23            appointment of a successor to the member.
24      (2)   However, this section ceases to apply to the member if --
25              (a)   the member resigns the member's office by signed notice
26                    given to the Chairperson of the Ministerial Council; or
27              (b)   the Chairperson of the Ministerial Council decides the
28                    services of the member are no longer required.
29      (3)   The maximum period for which a member is taken to continue to be a
30            member under this section after completion of the member's term of
31            office is 6 months.




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     Schedule       Occupational Licensing National Law
     Part 7         National Occupational Licensing Authority
     cl. 110



1    110.      Members to act in public interest
2              A member of the Licensing Board is to act impartially and in the
3              public interest in the exercise of the member's functions as a member.

4    111.      Disclosure of conflict of interest
5       (1)    If --
6                 (a)   a member has a direct or indirect pecuniary or other interest
7                       in a matter being considered or about to be considered at a
8                       meeting of the Licensing Board; and
9                (b)    the interest appears to raise a conflict with the proper
10                      performance of the member's duties in relation to the
11                      consideration of the matter --
12             the member must, as soon as possible after the relevant facts have
13             come to the member's knowledge, disclose the nature of the interest at
14             a meeting of the Board.
15      (2)    Particulars of any disclosure made under this section must be recorded
16             by the Licensing Board in a register of interests kept for the purpose.
17      (3)    After a member has disclosed the nature of an interest in any matter,
18             the member must not, unless the Ministerial Council or the Licensing
19             Board otherwise decides --
20               (a) be present during any deliberation of the Board with respect
21                     to the matter; or
22               (b) take part in any decision of the Board with respect to the
23                     matter.
24      (4)    For the purposes of the making of a decision by the Licensing Board
25             under subsection (3), a member who has a direct or indirect pecuniary
26             or other interest in a matter to which the disclosure relates must not --
27               (a)    be present during any deliberation of the Board for the
28                      purpose of making the decision; or
29               (b)    take part in the making by the Board of the decision.
30      (5)    A contravention of this section does not invalidate any decision of the
31             Licensing Board but if the Board becomes aware a member of the
32             Board contravened this section the Board must reconsider any



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                          National Occupational Licensing Authority     Part 7
                                                                       cl. 112



1             decision made by the Board in which the member took part in
2             contravention of this section.

3                              Subdivision 3 -- Meetings

4    112.     General procedure
5             The procedure for the calling of meetings of the Licensing Board and
6             for the conduct of business at the meetings is, subject to this Law, to
7             be decided by the Board.

8    113.     Quorum
9             The quorum for a meeting of the Licensing Board is a majority of its
10            members.

11   114.     Chief executive officer may attend meetings
12      (1)   The chief executive officer may attend meetings of the Board and
13            participate in discussions of the Board, but is not entitled to be present
14            during the consideration by the Board of any matter in which the chief
15            executive officer has a direct personal interest.
16      (2)   The chief executive officer is not entitled to vote at a meeting.

17   115.     Presiding member
18      (1)   The Chairperson is to preside at a meeting of the Board.
19      (2)   However, in the absence of the Chairperson the following person is to
20            preside at a meeting of the Licensing Board --
21              (a) if the Chairperson has nominated another person who is
22                     present at the meeting to preside at the meeting, that person;
23              (b)    otherwise, a person elected by the members of the Licensing
24                     Board who are present at the meeting.
25      (3)   The presiding member has a deliberative vote and, in the event of an
26            equality of votes, has a second or casting vote.

27   116.     Voting
28            A decision supported by a majority of the votes cast at a meeting of
29            the Licensing Board at which a quorum is present is the decision of
30            the Board.

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     Schedule       Occupational Licensing National Law
     Part 7         National Occupational Licensing Authority
     cl. 117



1    117.      First meeting
2              The Chairperson may call the first meeting of the Licensing Board in
3              any manner the Chairperson thinks fit.

4    118.      Defects in appointment of members
5              A decision of the Licensing Board is not invalidated by any defect or
6              irregularity in the appointment of any member of the Board.

7                         Division 3 -- Chief executive officer

8    119.      Chief executive officer
9       (1)    There is to be a chief executive officer of the Licensing Authority.
10      (2)    The chief executive officer is to be appointed by the Licensing Board
11             with the approval of the Ministerial Council.
12      (3)    The chief executive officer is to be appointed for a period, not more
13             than 5 years, specified in the officer's instrument of appointment.
14      (4)    The chief executive officer is eligible for re-appointment.
15      (5)    The chief executive officer is taken, while holding that office, to be a
16             member of the staff of the Licensing Authority.

17   120.      Functions of chief executive officer
18             The chief executive officer --
19               (a) is responsible for the day to day management of the
20                     Licensing Authority; and
21               (b)   has any other functions conferred on the chief executive
22                     officer by the Licensing Board.

23                                  Division 4 -- Staff

24   121.      Staff
25      (1)    The Licensing Authority may, for the purpose of exercising its
26             functions, employ staff.
27      (2)    The staff of the Licensing Authority are to be employed on the terms
28             and conditions prescribed by the national regulations.


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                               Occupational Licensing National Law  Schedule
                          National Occupational Licensing Authority     Part 7
                                                                       cl. 122



1    122.     Staff seconded to Licensing Authority
2             The Licensing Authority may make arrangements for the services of a
3             person who is a member of the staff of a government agency of a
4             participating jurisdiction or the Commonwealth to be made available
5             to the Licensing Authority in connection with the exercise of its
6             functions.

7                          Division 5 -- Authorised officers

8    123.     Powers of authorised officers
9       (1)   An authorised officer has the powers given by this Law.
10      (2)   In exercising the powers, the authorised officer is subject to the
11            directions of the Licensing Authority.

12   124.     Functions of authorised officer
13            An authorised officer has the following functions --
14             (a) to enforce this Law;
15              (b)   to monitor compliance with this Law;
16              (c)   to determine whether work being carried out under a licence
17                    has been, or is being, carried out in accordance with this Law
18                    or a prescribed Act.

19   125.     Appointment of authorised officers
20      (1)   The Licensing Authority may appoint any of the following persons as
21            an authorised officer --
22              (a)   a member of the Licensing Authority's staff;
23              (b)   an employee of a jurisdictional regulator;
24              (c)   a member of the police force or police service of a
25                    participating jurisdiction;
26              (d)   a person prescribed for the purposes of this section by the
27                    national regulations;
28              (e)   a person who is a member of a class of persons prescribed for
29                    the purposes of this section by the national regulations.




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     Schedule       Occupational Licensing National Law
     Part 7         National Occupational Licensing Authority
     cl. 126



1       (2)    The Licensing Authority may appoint a person as an authorised
2              officer only if satisfied the person is qualified for appointment
3              because the person has the necessary expertise or experience.

4    126.      Appointment conditions and limits on powers
5       (1)    An authorised officer holds office on the conditions --
6               (a) stated in the authorised officer's instrument of appointment;
7                     or
8                (b)   stated in a notice given by the Licensing Authority to the
9                      authorised officer; or
10               (c)   prescribed by the national regulations.
11      (2)    The instrument of appointment, a notice given by the Licensing
12             Authority or the national regulations may limit the authorised
13             officer's powers under this Law.

14   127.      Identity card
15      (1)    The Licensing Authority must issue an identity card to each
16             authorised officer.
17      (2)    The identity card must --
18               (a) contain a recent photograph of the authorised officer; and
19               (b) contain a copy of the authorised officer's signature; and
20               (c)   identify the person as an authorised officer under this Law;
21                     and
22               (d)   include an expiry date.
23      (3)    This section does not prevent the issue of a single identity card to a
24             person for this Law and other Acts.

25   128.      Production and display of identity card
26      (1)    An authorised officer may exercise a power in relation to someone
27             else (the other person) only if the authorised officer --
28               (a)   first produces the authorised officer's identity card for the
29                     other person's inspection; or
30               (b)   has the identity card displayed so it is clearly visible to the
31                     other person.


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                          National Occupational Licensing Authority     Part 7
                                                                       cl. 129



1       (2)   However, if for any reason it is not practicable to comply with
2             subsection (1) before exercising the power, the authorised officer
3             must produce the identity card for the other person's inspection at the
4             first reasonable opportunity.

5    129.     When authorised officer ceases to hold office
6       (1)   An authorised officer ceases to hold office if any of the following
7             occurs --
8               (a)   the term of office stated in a condition of office ends;
9               (b)   under another condition of office, the authorised officer
10                    ceases to hold office;
11              (c)   the authorised officer's resignation takes effect.
12      (2)   Subsection (1) does not limit the ways an authorised officer may
13            cease to hold office.

14   130.     Resignation
15            An authorised officer may resign by signed notice given to the
16            Licensing Authority.

17   131.     Return of identity card
18            A person who ceases to be an authorised officer must return the
19            person's identity card to the Licensing Authority within 7 days after
20            ceasing to be an authorised officer, unless the person has a reasonable
21            excuse.
22            Penalty: $5,000.

23            Division 6 -- Occupational Licence Advisory Committees

24   132.     Establishment of Advisory Committee
25            The Licensing Authority must establish an Occupational Licence
26            Advisory Committee for each licensed occupation.




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     Schedule       Occupational Licensing National Law
     Part 7         National Occupational Licensing Authority
     cl. 133



1    133.      Function of Advisory Committee
2              The function of an Advisory Committee is to give advice to the
3              Licensing Authority about --
4                (a) the development, maintenance and performance of licensing
5                      policy in relation to the licensed occupation for which the
6                      Advisory Committee is established; and
7                (b) any other matter referred to the Advisory Committee by the
8                      Licensing Authority.

9    134.      Membership and procedures of Advisory Committee
10      (1)    An Advisory Committee is to consist of the members appointed in
11             writing by the Licensing Board.
12      (2)    Before appointing members of an Advisory Committee, the Licensing
13             Authority must invite nominations for membership of the Advisory
14             Committee from --
15               (a)   national peak bodies who represent the licensed occupation;
16                     or
17               (b)   if there is not a national peak body that represents the
18                     licensed occupation, another peak body that represents the
19                     licensed occupation.
20      (3)    Without limiting subsection (2), peak bodies include the following --
21              (a) unions and employer bodies;
22              (b) occupational professional associations;
23               (c)   consumer advocacy organisations;
24               (d)   bodies that regulate the licensed occupation;
25               (e)   if relevant, peak insurance bodies;
26               (f)   bodies involved in the national training system.
27      (4)    In appointing members to an Advisory Committee, the Licensing
28             Board must have regard to the need for the Advisory Committee to
29             have a balance of expertise relevant to the licensed occupation
30             including in relation to the following areas --
31                (a) regulation of the licensed occupation;
32               (b)   occupational operations and practices, including from a union
33                     and employer perspective;

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                                                                        cl. 135



1               (c)   workplace health and safety;
2               (d)   consumer advocacy;
3               (e)   training;
4               (f)   if relevant, insurance.
5       (5)   The national regulations may provide for --
6               (a)   the appointment of members of Advisory Committees; and
7               (b)   the procedures of Advisory Committees.

8                       Part 8 -- Information and privacy

9                                 Division 1 -- Privacy

10   135.     Application of Commonwealth Privacy Act
11      (1)   Subject to subsection (3), the Privacy Act applies as a law of a
12            participating jurisdiction for the purposes of the national licensing
13            system.
14      (2)   However, the Privacy Act does not apply to the national licensing
15            system to the extent that functions, other than functions relating to the
16            national registers, are being exercised under this Law by a State or
17            Territory entity.
18      (3)   The national regulations may modify the Privacy Act for the purposes
19            of this Law.
20      (4)   Without limiting subsection (3), the national regulations may --
21             (a) provide that the Privacy Act applies as if a provision of the
22                   Privacy Act specified in the national regulations were
23                   omitted; or
24              (b)   provide that the Privacy Act applies as if an amendment to
25                    the Privacy Act made by a law of the Commonwealth, and
26                    specified in the national regulations, had not taken effect; or
27              (c)   confer jurisdiction on a tribunal or court of a participating
28                    jurisdiction.
29      (5)   In this section --
30            Privacy Act means the Privacy Act 1988 of the Commonwealth, as in
31            force from time to time.


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     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 8         Information and privacy
     cl. 136



1              Division 2 -- Disclosure of information and confidentiality

2    136.      Definition
3              In this Division --
4              protected information means information that comes to a person's
5              knowledge in the course of, or because of, the person exercising
6              functions under this Law or a prescribed Act.

7    137.      Application of Commonwealth FOI Act
8       (1)    Subject to subsection (3), the FOI Act applies as a law of a
9              participating jurisdiction for the purposes of the national licensing
10             system.
11      (2)    However, the FOI Act does not apply to the national licensing system
12             to the extent that functions are being exercised under this Law by a
13             State or Territory entity.
14      (3)    The national regulations may modify the FOI Act for the purposes of
15             this Law.
16      (4)    Without limiting subsection (3), the national regulations may --
17                (a)     provide that the FOI Act applies as if a provision of the FOI
18                        Act specified in the national regulations were omitted; or
19               (b)      provide that the FOI Act applies as if an amendment to the
20                        FOI Act made by a law of the Commonwealth, and specified
21                        in the national regulations, had not taken effect; or
22                (c)     confer jurisdiction on a tribunal or court of a participating
23                        jurisdiction.
24      (5)    In this section --
25             FOI Act means the Freedom of Information Act 1982 of the
26             Commonwealth, as in force from time to time.

27   138.      Duty of confidentiality
28      (1)    A person who is, or has been, a person exercising functions under this
29             Law must not disclose to another person protected information.
30             Penalty:
31                      (a)   for an individual -- $25,000; or


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                                            Information and privacy       Part 8
                                                                         cl. 139



1                     (b)   for a body corporate -- $125,000.
2       (2)   However, subsection (1) does not apply if --
3              (a) the information is disclosed in the exercise of a function
4                   under, or for the purposes of, this Law; or
5               (b)     the disclosure is authorised or required by any law of a
6                       participating jurisdiction; or
7               (c)     the disclosure is otherwise required or permitted by law; or
8               (d)     the disclosure is with the agreement of the person to whom
9                       the information relates; or
10              (e)     the disclosure is in a form that does not identify the identity
11                      of a person; or
12              (f)     the information relates to proceedings before a court or
13                      tribunal and the proceedings are or were open to the public;
14                      or
15              (g)     the disclosure is the publication of information about
16                      disciplinary action taken against persons under this Law or
17                      the national regulations or the conviction of persons for
18                      offences against this Law or the national regulations and the
19                      publication is in accordance with the national regulations; or
20              (h)     the information is, or has been, accessible to the public,
21                      including because it is or was recorded in a national register;
22                      or
23              (i)     the disclosure is to a prescribed entity or is otherwise
24                      authorised by the national regulations.

25   139.     Disclosure to jurisdictional regulators and other Commonwealth,
26            State and Territory entities
27            A person exercising functions under this Law may disclose protected
28            information to any of the following entities if the disclosure is in
29            connection with functions exercised by that entity --
30              (a)     a jurisdictional regulator;
31              (b)     another Commonwealth, State or Territory entity.




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     Schedule       Occupational Licensing National Law
     Part 8         Information and privacy
     cl. 140



1                      Division 3 -- Registers and other records

2    140.      National Registers and records
3       (1)    The Licensing Authority must keep the national registers and other
4              records required by the national regulations.
5       (2)    Without limiting subsection (1), the national regulations may provide
6              for --
7                (a)   the information that must be collected and recorded by the
8                      Licensing Authority about licensees; and
9                (b)   the information that is to be included in public registers about
10                     licensees; and
11               (c)   the way the public registers are to be kept; and
12               (d)   the inspection of the public registers by members of the
13                     public; and
14               (e)   the publication of information included in public registers.

15   141.      Application of Commonwealth Archives Act
16      (1)    Subject to subsection (3), the Archives Act applies as a law of a
17             participating jurisdiction for the purposes of the national licensing
18             system.
19      (2)    However, the Archives Act does not apply to the national licensing
20             system to the extent that functions are being exercised under this Law
21             by a State or Territory entity.
22      (3)    The national regulations may modify the Archives Act for the
23             purposes of this Law.
24      (4)    Without limiting subsection (3), the national regulations may --
25              (a) provide that the Archives Act applies as if a provision of the
26                    Archives Act specified in the national regulations were
27                    omitted; or
28               (b)   provide that the Archives Act applies as if an amendment to
29                     the Archives Act made by a law of the Commonwealth, and
30                     specified in the national regulations, had not taken effect; or
31               (c)   confer jurisdiction on a tribunal or court of a participating
32                     jurisdiction.


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                                                                       cl. 142



1       (5)   In this section --
2             Archives Act means the Archives Act 1983 of the Commonwealth, as
3             in force from time to time.

4                             Part 9 -- Miscellaneous

5                                Division 1 -- Finance

6    142.     National Occupational Licensing Authority Fund
7       (1)   The National Occupational Licensing Authority Fund is established.
8       (2)   The Authority Fund is a fund to be administered by the Licensing
9             Authority.
10      (3)   The Licensing Authority may establish accounts with any financial
11            institution for money in the Authority Fund.
12      (4)   The Authority Fund does not form part of the consolidated fund or
13            consolidated account of a participating jurisdiction or the
14            Commonwealth.

15   143.     Payments into Authority Fund
16            There is payable into the Authority Fund --
17              (a)   all money appropriated by the Parliament of any participating
18                    jurisdiction or the Commonwealth for the purposes of the
19                    Fund; and
20              (b)   the proceeds of the investment of money in the Fund; and
21              (c)   all grants, gifts and donations made to the Licensing
22                    Authority, but subject to any trusts declared in relation to the
23                    grants, gifts or donations; and
24              (d)   all money directed or authorised to be paid into the Fund by
25                    or under this Law, any law of a participating jurisdiction or
26                    any law of the Commonwealth; and
27              (e)   any other money or property prescribed by the national
28                    regulations; and
29              (f)   any other money or property received by the Licensing
30                    Authority in connection with the exercise of its functions.



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     cl. 144



1    144.      Payments out of Authority Fund
2              Payments may be made from the Authority Fund for the purpose of --
3                (a) paying any costs or expenses, or discharging any liabilities,
4                     incurred in the administration or enforcement of this Law;
5                     and
6                (b)   any other payments recommended by the Licensing Authority
7                      and approved by the Ministerial Council.
8    145.      Investment by Licensing Authority
9       (1)    The Licensing Authority must invest its funds in a way that is secure
10             and provides a low risk so that the Authority's exposure to the loss of
11             funds is minimised.
12      (2)    The Licensing Authority must keep records that show it has invested
13             in a way that complies with subsection (1).
14   146.      Financial management duties of Licensing Authority
15             The Licensing Authority must --
16               (a) ensure its operations are carried out efficiently, effectively
17                    and economically; and
18               (b) keep proper books and records in relation to the Authority
19                    Fund; and
20               (c) ensure expenditure is made from the Authority Fund for
21                    lawful purposes only and, as far as possible, that reasonable
22                    value is expended from the Fund; and
23               (d)   ensure its procedures, including internal control procedures,
24                     afford adequate safeguards with respect to --
25                        (i)   the correctness, regularity and propriety of payments
26                              made from the Authority Fund; and
27                       (ii)   receiving and accounting for payments made to the
28                              Authority Fund; and
29                      (iii)   prevention of fraud or mistake; and
30               (e)   take any action necessary to ensure the preparation of
31                     accurate financial statements in accordance with Australian
32                     Accounting Standards for inclusion in its annual report; and
33               (f)   take any action necessary to facilitate the audit of the
34                     financial statements in accordance with this Law; and

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                                                                          cl. 147



1               (g)   arrange for any further audit by a qualified person of the
2                     books and records kept by the Licensing Authority, if
3                     directed to do so by the Ministerial Council.

4               Division 2 -- Reporting and planning arrangements

5    147.     Annual report
6       (1)   The Licensing Authority must, within 3 months after the end of each
7             financial year, give the Ministerial Council an annual report for the
8             financial year.
9       (2)   Despite subsection (1), the first annual report of the Licensing
10            Authority must --
11              (a)   relate to the period starting on 1 January 2011 and ending on
12                    30 June 2012; and
13              (b)   be made by 30 September 2012.
14      (3)   The annual report must --
15              (a) include for the period to which the report relates --
16                      (i) the financial statements that have been audited by an
17                           auditor decided by the Ministerial Council; and
18                      (ii)    information about the consultation processes used by
19                              the Licensing Authority in exercising its functions of
20                              reviewing legislation and developing and reviewing
21                              policy matters about licensed occupations; and
22                     (iii)    other matters required by the national regulations;
23                              and
24              (b)   be prepared in the way required by the national regulations.
25      (4)   Without limiting subsection (3)(b), the national regulations may
26            provide --
27              (a)   that the financial statements are to be prepared in accordance
28                    with Australian Accounting Standards; and
29              (b)   for the auditing of the financial statements.
30      (5)   The Ministerial Council is to make arrangements for the tabling of the
31            Licensing Authority's annual report in each House of the Parliament
32            of each participating jurisdiction.


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     Schedule       Occupational Licensing National Law
     Part 9         Miscellaneous
     cl. 148



1       (6)    As soon as practicable after the annual report has been tabled in at
2              least one House of the Parliament of a participating jurisdiction, the
3              Licensing Authority must publish a copy of the report on its website.
4       (7)    In this section --
5              Australian Accounting Standards means Accounting Standards
6              issued by the Australian Accounting Standards Board.

7    148.      Strategic and operational plans
8       (1)    The Licensing Authority must prepare and give to the Ministerial
9              Council for approval by the Council --
10               (a)   a strategic plan for each 3-year period; and
11               (b)   an annual operational plan.
12      (2)    The strategic plan must be given to the Ministerial Council --
13               (a) for the Licensing Authority's first strategic plan, within
14                     6 months after the commencement of this section; and
15               (b) for subsequent strategic plans, not later than 6 months before
16                     the preceding strategic plan is due to expire.

17   Division 3 -- Provisions relating to persons exercising functions under Law

18   149.      General duties of persons exercising functions under this Law
19      (1)    A person exercising functions under this Law must, when exercising
20             the functions, act honestly and with integrity.
21      (2)    A person exercising functions under this Law must exercise the
22             person's functions under this Law --
23               (a)   in good faith; and
24               (b)   with a reasonable degree of care, diligence and skill.
25      (3)    A person exercising functions under this Law must not make
26             improper use of the person's position or of information that comes to
27             the person's knowledge in the course of, or because of, the person's
28             exercise of the functions --
29               (a)   to gain an advantage for himself or herself or another person;
30                     or



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                                                   Miscellaneous        Part 9
                                                                       cl. 150



1               (b)   to cause a detriment to the development, implementation or
2                     operation of the national licensing system.
3             Penalty: $25,000.

4    150.     Application of Commonwealth Ombudsman Act
5       (1)   Subject to subsection (3), the Ombudsman Act applies as a law of a
6             participating jurisdiction for the purposes of the national licensing
7             system.
8       (2)   However, the Ombudsman Act does not apply to the national
9             licensing system to the extent that functions are being exercised under
10            this Law by a State or Territory entity.
11      (3)   The national regulations may modify the Ombudsman Act for the
12            purposes of this Law.
13      (4)   Without limiting subsection (3), the national regulations may --
14              (a)   provide that the Ombudsman Act applies as if a provision of
15                    the Ombudsman Act specified in the national regulations
16                    were omitted; or
17              (b)   provide that the Ombudsman Act applies as if an amendment
18                    to the Ombudsman Act made by a law of the Commonwealth
19                    and specified in the national regulations, had not taken effect;
20                    or
21              (c)   confer jurisdiction on a tribunal or court of a participating
22                    jurisdiction.
23      (5)   In this section --
24            Ombudsman Act means the Ombudsman Act 1976 of the
25            Commonwealth, as in force from time to time.

26   151.     Protection from personal liability for persons exercising functions
27      (1)   A person who is or was a protected person is not personally liable for
28            anything done or omitted to be done in good faith --
29              (a)   in the exercise of a function under this Law; or
30              (b)   in the reasonable belief that the act or omission was the
31                    exercise of a function under this Law.




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     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 9         Miscellaneous
     cl. 152



1       (2)    Any liability resulting from an act or omission that would, but for
2              subsection (1), attach to a protected person attaches instead to the
3              Licensing Authority.
4       (3)    In this section --
5              protected person means any of the following --
6                (a)   a member of the Licensing Board;
7                (b)   a member of a committee of the Licensing Authority;
8                (c)   a member of the staff of the Licensing Authority;
9                (d)   an authorised officer;
10               (e)   a person to whom the Licensing Authority has delegated any
11                     of its functions;
12               (f)   a person to whom an entity, or the chief executive of an entity
13                     or department of government, of a participating jurisdiction
14                     has subdelegated a function delegated to the chief executive
15                     by the Licensing Authority;
16               (g)   a member of the staff of an entity or department referred to in
17                     paragraph (f);
18               (h)   a person acting under the authority or direction of a person
19                     referred to in paragraphs (a) to (g).

20                              Division 4 -- Legal proceedings

21   152.      Limitation on time for starting proceedings
22             A proceeding for an offence against this Law or the national
23             regulations must start within 6 years after the commission of the
24             offence.

25   153.      Evidentiary certificates
26      (1)    A certificate purporting to be signed by the chief executive officer of
27             the Licensing Authority and stating any of the following matters is
28             prima facie evidence of the matter --
29               (a) a stated document is one of the following things made, given,
30                      issued or kept under this Law --
31                        (i)     an appointment or decision;
32                       (ii)     a notice, direction or requirement;


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                                                      Miscellaneous        Part 9
                                                                          cl. 154



1                      (iii)    a licence;
2                      (iv)     a register, or an extract from a register;
3                       (v) a record, or an extract from a record;
4               (b)   a stated document is another document kept under this Law;
5               (c)   a stated document is a copy of a document referred to in
6                     paragraph (a) or (b);
7               (d)   on a stated day, or during a stated period, a stated person was
8                     or was not a licensee;
9               (e)   on a stated day, or during a stated period, a licence was or
10                    was not subject to a stated condition or undertaking;
11              (f)   on a stated day, a licence was suspended or cancelled;
12              (g)   on a stated day, or during a stated period, an appointment as
13                    an authorised officer was or was not in force for a stated
14                    person;
15              (h)   on a stated day, a stated person was given a stated notice or
16                    direction under this Law;
17              (i)   on a stated day, a stated requirement was made of a person.
18      (2)   If functions are being exercised under this Law by a State or Territory
19            entity, a certificate purporting to be signed by any of the following,
20            and stating any of the matters referred to in subsection (1), is prima
21            facie evidence of the matter --
22              (a)   if there is a chief executive of the entity, the chief executive;
23              (b)   if there is no chief executive of the entity but there is a
24                    chairperson (however described) of the entity, the
25                    chairperson;
26              (c)   otherwise, a member of the entity.

27                             Division 5 -- Miscellaneous

28   154.     Approved forms
29      (1)   The Licensing Authority may approve forms for use under this Law.
30      (2)   The approval of a form must be notified on the Licensing Authority's
31            website.



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     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Part 9         Miscellaneous
     cl. 155



1    155.      Extrinsic materials
2              The COAG Agreement is declared to be extrinsic material for the
3              purposes of paragraph (h) of the definition of extrinsic material in
4              section 8(1) of Schedule 1.

5    156.      References to laws includes references to instruments made under
6              laws
7       (1)    In this Law, a reference (either generally or specifically) to a law or a
8              provision of a law (including this Law) includes a reference to the
9              statutory instruments made or in force under the law or the provision.
10      (2)    In this section --
11             law means a law of the Commonwealth or a State or Territory.

12   157.      Service of documents
13      (1)    If this Law or the national regulations require or permit a document to
14             be served on a person, the document may be served by --
15               (a)   on an individual --
16                       (i) delivering it to the person personally; or
17                       (ii)    leaving it at, or by sending it by post to, the address
18                               of the place of residence or business of the person last
19                               known to the person serving the document; or
20                       (iii)   sending it by facsimile transmission to a facsimile
21                               number notified to the sender by the individual as an
22                               address at which service of notices under this Law
23                               will be accepted; or
24                       (iv)  sending it by email to an internet address notified to
25                             the sender by the individual as an address at which
26                             service of notices under this Law will be accepted; or
27               (b)   on a body corporate --
28                        (i)    leaving it at, or sending it by post to, the head office,
29                               a registered office or the principal place of business
30                               of the body corporate; or
31                       (ii)    sending it by facsimile transmission to a facsimile
32                               number notified to the sender by the body corporate



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                                Occupational Licensing National Law    Schedule
                                                      Miscellaneous        Part 9
                                                                          cl. 158



1                               as an address at which service of notices under this
2                               Law will be accepted; or
3                      (iii)    sending it by email to an internet address notified to
4                               the sender by the body corporate as an address at
5                               which service of notices under this Law will be
6                               accepted.
7       (2)   Subsection (1) applies whether the word 'deliver', 'give', 'notify',
8             'send' or 'serve' or another expression is used.
9       (3)   Subsection (1) does not affect the power of a court or tribunal to
10            authorise service of a document otherwise than as provided in that
11            subsection.
12   158.     Service by post
13            If a document authorised or required to be served (whether the word
14            'deliver', 'give', 'notify', 'send' or 'serve' or another expression is
15            used) on a person is served by post, service of the document --
16               (a) may be effected by properly addressing, prepaying and
17                     posting a letter containing the document; and
18               (b) in Australia or in an external Territory -- is, unless evidence
19                     sufficient to raise doubt is adduced to the contrary, taken to
20                     have been effected on the fourth business day after the letter
21                     was posted; and
22              (c)   in another place -- is, unless evidence sufficient to raise
23                    doubt is adduced to the contrary, taken to have been effected
24                    at the time when the letter would have been delivered in the
25                    ordinary course of post.

26   159.     Review of Law
27      (1)   The Ministerial Council is to conduct independent public reviews of
28            the operation of the national licensing system and this Law to
29            determine whether the system and the Law continue to comply with
30            the objectives and principles set out in clause 4 of the COAG
31            Agreement.
32      (2)   The reviews are to be undertaken --
33              (a)   for the first review, as soon as possible after the period of
34                    5 years from the date on which this Law commences in at
35                    least one participating jurisdiction; and

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     Part 9         Miscellaneous
     cl. 160



1                (b)   for subsequent reviews, at intervals of not more than
2                      10 years.
3       (3)    A report on the outcome of each review is to be tabled in each House
4              of the Parliament of each participating jurisdiction within 3 months
5              after the end of the review.

6                               Division 6 -- Regulations

7    160.      National regulations
8       (1)    The Ministerial Council may make regulations for the purposes of this
9              Law.
10      (2)    The regulations may provide for the following --
11               (a) the occupations to which this Law is to apply;
12               (b)   the licensing of persons carrying out licensed occupations;
13               (c)   other matters relating to licences including --
14                        (i) applications for licences; and
15                       (ii) the requirements to be satisfied by persons to be
16                            eligible for a licence or to continue to hold a licence;
17                            and
18                      (iii)   the granting of licences; and
19                      (iv) the renewal, variation or surrender of licences;
20               (d)   fees under this Law including --
21                        (i) the fees to be paid for applications made under this
22                             Law for licences or the renewal or variation of a
23                             licence; and
24                       (ii)   the refunding of fees; and
25                      (iii)   the waiver of fees; and
26                       (iv) late fees and fees for dishonoured payments;
27               (e)   arrangements for the publication of fees prescribed under
28                     Acts of participating jurisdictions that relate to licensees or
29                     licensed occupations;
30               (f)   the conduct of licensees, including the making and adoption
31                     of codes of practice applicable to licensees;



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                      Occupational Licensing National Law    Schedule
                                            Miscellaneous        Part 9
                                                                cl. 160



1    (g)    matters relating to compliance with and enforcement of this
2           Law and the regulations, including, for example --
3             (i)     monitoring and auditing of licensees and work
4                     undertaken by licensees; and
5            (ii)     complaints about licensees or former licensees; and
6            (iii)    the grounds on which licences are automatically
7                     suspended or cancelled and other matters relating to
8                     those suspensions or cancellations; and
9            (iv)     the establishment of a demerit point scheme for
10                    licensees; and
11            (v)     the establishment of an infringement notice scheme
12                    for persons who allegedly contravene this Law or the
13                    regulations; and
14           (vi)     other matters relating to disciplinary proceedings and
15                    disciplinary action;
16   (h)    matters relating to nominees for licences;
17    (i)   matters relating to directors and members of licensees who
18          are bodies corporate, including --
19            (i)     the duties and obligations of directors and members;
20                    and
21           (ii)     matters relating to the liability of directors and
22                    members;
23   (j)    matters relating to persons who are employed or otherwise
24          engaged by licensees, including --
25            (i)     the duties and obligations of licensees in relation to
26                    those persons; and
27           (ii)     the duties and obligations of those persons; and
28           (iii)    matters relating to vicarious liability for the actions of
29                    those persons;
30   (k)    matters relating to persons who are receivers, managers or
31          administrators appointed to carry out, wind up or otherwise
32          administer or operate businesses conducted by licensees or
33          persons whose licences have been suspended or cancelled,
34          including matters relating to the appointment of those persons
35          and the obligations and responsibilities of those persons in


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     Part 9         Miscellaneous
     cl. 160



1                       carrying out, winding up or otherwise administering or
2                       operating the businesses;
3                 (l)   matters relating to fidelity funds and indemnity funds held in
4                       relation to licensees;
5               (m)     matters relating to trust funds held by licensees;
6                (n)    the payment of penalties and fines imposed under this Law,
7                       including who the penalties and fines are to be paid to;
8                (o)    the imposition of penalties, of not more than $5,000 for
9                       individuals or $25,000 for bodies corporate, for a
10                      contravention of a provision of the regulations;
11               (p)    criteria or procedures to be used by the Licensing Authority
12                      in developing policy about the national licensing system and
13                      the admission of new occupations to the system;
14               (q)    the publication of information about disciplinary action taken
15                      against persons under this Law or the regulations or the
16                      conviction of persons for offences against this Law or the
17                      regulations;
18               (r)    provisions of a savings or transitional nature --
19                        (i) consequent on the enactment of this Law in a
20                              participating jurisdiction or the making of the
21                              regulations under this Law; or
22                       (ii)   to otherwise allow or facilitate the change from the
23                              operation of a law of a participating jurisdiction
24                              relating to the licensing of persons carrying out
25                              licensed occupations to the operation of this Law or
26                              the regulations made under this Law;
27               (s)    any other matter that is necessary or convenient to be
28                      prescribed for carrying out or giving effect to this Law.
29      (3)    Savings and transitional provisions consequent on the enactment of
30             this Law in a participating jurisdiction, or to allow or facilitate the
31             licensing of persons carrying out a licensed occupation in a
32             participating jurisdiction, may have retrospective operation to a day
33             not earlier than the participation day for that participating jurisdiction.




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                                                    Miscellaneous        Part 9
                                                                        cl. 161



1    161.     Regulations about licensing, registration and accreditation of
2             persons carrying out licensed occupations
3       (1)   Without limiting section 160(2)(b), the national regulations may
4             provide for --
5               (a)   the different categories of licences, registration and
6                     accreditation that may be granted for licensed occupations;
7                     and
8               (b)   the scope of work that may be carried out under the authority
9                     of the different categories of licences, registration and
10                    accreditation; and
11              (c)   the different types of licences, registration and accreditation
12                    that may be granted for licensed occupations; and
13              (d)   the ways in which licensed occupations are to be carried out,
14                    including, for example, the way in which work is to be
15                    carried out under licences, registration and accreditation and
16                    the records to be kept by persons who hold licences,
17                    registration and accreditation.
18      (2)   The national regulations may not provide for the licensing,
19            registration or accreditation of persons carrying out, in a participating
20            jurisdiction, prescribed work that is within the scope of a licensed
21            occupation if --
22              (a)   immediately before the occupation became a licensed
23                    occupation for the participating jurisdiction under this Law,
24                    persons carrying out that prescribed work in the participating
25                    jurisdiction were not required to hold a licence, registration or
26                    accreditation or be otherwise authorised to carry out the
27                    work; and
28              (b)   the Minister who is the member of the Ministerial Council
29                    representing the participating jurisdiction has not agreed to
30                    the making of the regulation.

31   162.     Inclusion of new occupations in national regulations
32      (1)   A regulation may be made prescribing an occupation as being a
33            licensed occupation only if the requirements of this section have been
34            satisfied.




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     Schedule       Occupational Licensing National Law
     Part 9         Miscellaneous
     cl. 163



1       (2)    A participating jurisdiction that licences or proposes to licence an
2              occupation may make a nomination to the Ministerial Council that the
3              occupation should be a licensed occupation.
4       (3)    If the Ministerial Council unanimously agrees that the occupation is to
5              be a licensed occupation a regulation may be made prescribing the
6              occupation as a licensed occupation.
7       (4)    If a majority of the members of the Ministerial Council agrees that the
8              occupation is to be a licensed occupation, a regulation may be
9              made --
10               (a)   prescribing the occupation as a licensed occupation; and
11               (b)   providing that the occupation is a licensed occupation only in
12                     specified participating jurisdictions.
13      (5)    A regulation made under subsection (4) must be reviewed by the
14             Ministerial Council at intervals of not more than 12 months.
15      (6)    This section does not apply to an occupation referred to in clause 3.5
16             of the COAG agreement.

17   163.      Publication of national regulations
18      (1)    The national regulations are to be published on the NSW legislation
19             website in accordance with Part 6A of the Interpretation Act 1987 of
20             New South Wales.
21      (2)    A regulation commences on the day or days specified in the
22             regulation for its commencement (being not earlier than the date it is
23             published).

24   164.      Parliamentary scrutiny of national regulations
25      (1)    The member of the Ministerial Council representing a participating
26             jurisdiction is to make arrangements for the tabling of a regulation
27             made under this Law in each House of the Parliament of the
28             participating jurisdiction.
29      (2)    In addition, any other requirement of a law of a participating
30             jurisdiction relevant to the disallowance of a regulation in that
31             jurisdiction is to be complied with in that jurisdiction in relation to a
32             regulation made under this Law as if the regulation had been made
33             under an Act of that jurisdiction.


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                              Occupational Licensing National Law    Schedule
                                                    Miscellaneous        Part 9
                                                                        cl. 165



1       (3)   A regulation made under this Law may be disallowed in a
2             participating jurisdiction by a House of the Parliament of that
3             jurisdiction in the same way, and within the same period, that a
4             regulation made under an Act of that jurisdiction may be disallowed.
5       (4)   A regulation disallowed under subsection (3) does not cease to have
6             effect in the participating jurisdiction, or any other participating
7             jurisdiction, unless the regulation is disallowed in a majority of the
8             participating jurisdictions.
9       (5)   If a regulation is disallowed in a majority of the participating
10            jurisdictions, it ceases to have effect in all participating jurisdictions
11            on the day of its disallowance in the last of the jurisdictions forming
12            the majority.
13      (6)   In this section --
14            regulation includes a provision of a regulation.

15   165.     Effect of disallowance of national regulation
16      (1)   The disallowance of a regulation in a majority of jurisdictions has the
17            same effect as a repeal of the regulation.
18      (2)   If a regulation ceases to have effect under section 164 any law or
19            provision of a law repealed or amended by the regulation is revived as
20            if the disallowed regulation has not been made.
21      (3)   The restoration or revival of a law under subsection (2) takes effect at
22            the beginning of the day on which the disallowed regulation by which
23            it was amended or repealed ceases to have effect.
24      (4)   In this section --
25            regulation includes a provision of a regulation.




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     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 1



1               Schedule 1 -- Miscellaneous provisions relating
2                             to interpretation
3                                                                               [section 5]

4                                  Part 1 -- Preliminary
5    1.          Displacement of Schedule by contrary intention
6                The application of this Schedule may be displaced, wholly or partly,
7                by a contrary intention appearing in this Law.

8                                    Part 2 -- General
9    2.          Law to be construed not to exceed legislative power of Legislature
10        (1)    This Law is to be construed as operating to the full extent of, but so as
11               not to exceed, the legislative power of the Legislature of this
12               jurisdiction.
13        (2)    If a provision of this Law, or the application of a provision of this
14               Law to a person, subject matter or circumstance, would, but for this
15               section, be construed as being in excess of the legislative power of the
16               Legislature of this jurisdiction --
17                 (a)   it is a valid provision to the extent to which it is not in excess
18                       of the power; and
19                 (b)   the remainder of this Law, and the application of the
20                       provision to other persons, subject matters or circumstances,
21                       is not affected.
22        (3)    This section applies to this Law in addition to, and without limiting
23               the effect of, any provision of this Law.

24   3.          Every section to be a substantive enactment
25               Every section of this Law has effect as a substantive enactment
26               without introductory words.

27   4.          Material that is, and is not, part of this Law
28        (1)    The heading to a Part, Division or Subdivision into which this Law is
29               divided is part of this Law.


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                               Occupational Licensing National Law       Schedule
                    Miscellaneous provisions relating to interpretation Schedule  1
                                                                              cl. 5



1         (2)   A Schedule to this Law is part of this Law.
2         (3)   Punctuation in this Law is part of this Law.
3         (4)   A heading to a section or subsection of this Law does not form part of
4               this Law.
5         (5)   Notes included in this Law (including footnotes and endnotes) do not
6               form part of this Law.

7    5.         References to particular Acts and to enactments
8               In this Law --
9                  (a) an Act of this jurisdiction may be cited --
10                         (i)   by its short title; or
11                        (ii)   by reference to the year in which it was passed and its
12                               number; and
13                (b)   a Commonwealth Act may be cited --
14                         (i) by its short title; or
15                        (ii) in another way sufficient in a Commonwealth Act for
16                             the citation of such an Act --
17              together with a reference to the Commonwealth; and
18                (c)   an Act of another jurisdiction may be cited --
19                         (i) by its short title; or
20                        (ii) in another way sufficient in an Act of the jurisdiction
21                              for the citation of such an Act --
22              together with a reference to the jurisdiction.

23   6.         References taken to be included in Act or Law citation etc
24        (1)   A reference in this Law to an Act includes a reference to --
25                (a) the Act as originally enacted, and as amended from time to
26                      time since its original enactment; and
27                (b)   if the Act has been repealed and re-enacted (with or without
28                      modification) since the enactment of the reference -- the Act
29                      as re enacted, and as amended from time to time since its
30                      re-enactment.



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     Schedule       Occupational Licensing National Law
     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 7



1         (2)   A reference in this Law to a provision of this Law or of an Act
2               includes a reference to --
3                 (a)   the provision as originally enacted, and as amended from
4                       time to time since its original enactment; and
5                 (b)   if the provision has been omitted and re enacted (with or
6                       without modification) since the enactment of the reference --
7                       the provision as re-enacted, and as amended from time to
8                       time since its re-enactment.
9         (3)   Subsections (1) and (2) apply to a reference in this Law to a law of the
10              Commonwealth or another jurisdiction as they apply to a reference in
11              this Law to an Act and to a provision of an Act.

12   7.         Interpretation best achieving Law's purpose
13        (1)   In the interpretation of a provision of this Law, the interpretation that
14              will best achieve the purpose or object of this Law is to be preferred
15              to any other interpretation.
16        (2)   Subsection (1) applies whether or not the purpose is expressly stated
17              in this Law.

18   8.         Use of extrinsic material in interpretation
19        (1)   In this section --
20              extrinsic material means relevant material not forming part of this
21              Law, including, for example --
22                (a)   material that is set out in the document containing the text of
23                      this Law as printed by the Government Printer; and
24                (b)   a relevant report of a Royal Commission, Law Reform
25                      Commission, commission or committee of inquiry, or a
26                      similar body, that was laid before the Parliament of this
27                      jurisdiction before the provision concerned was enacted; and
28                (c)   a relevant report of a committee of the Parliament of this
29                      jurisdiction that was made to the Parliament before the
30                      provision was enacted; and
31                (d)   a treaty or other international agreement that is mentioned in
32                      this Law; and
33                (e)   an explanatory note or memorandum relating to the Bill that
34                      contained the provision, or any relevant document, that was

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                         Occupational Licensing National Law (WA) Bill 2010
                          Occupational Licensing National Law       Schedule
               Miscellaneous provisions relating to interpretation Schedule  1
                                                                         cl. 8



1                  laid before, or given to the members of, the Parliament of this
2                  jurisdiction by the member bringing in the Bill before the
3                  provision was enacted; and
4            (f)   the speech made to the Parliament of this jurisdiction by the
5                  member in moving a motion that the Bill be read a second
6                  time; and
7            (g)   material in the Votes and Proceedings of the Parliament of
8                  this jurisdiction or in any official record of debates in the
9                  Parliament of this jurisdiction; and
10           (h)   a document that is declared by this Law to be a relevant
11                 document for the purposes of this section.
12         ordinary meaning means the ordinary meaning conveyed by a
13         provision having regard to its context in this Law and to the purpose
14         of this Law.
15   (2)   Subject to subsection (3), in the interpretation of a provision of this
16         Law, consideration may be given to extrinsic material capable of
17         assisting in the interpretation --
18           (a)   if the provision is ambiguous or obscure -- to provide an
19                 interpretation of it; or
20           (b)   if the ordinary meaning of the provision leads to a result that
21                 is manifestly absurd or is unreasonable -- to provide an
22                 interpretation that avoids such a result; or
23           (c)   in any other case -- to confirm the interpretation conveyed
24                 by the ordinary meaning of the provision.
25   (3)   In determining whether consideration should be given to extrinsic
26         material, and in determining the weight to be given to extrinsic
27         material, regard is to be had to --
28           (a) the desirability of a provision being interpreted as having its
29                 ordinary meaning; and
30           (b)   the undesirability of prolonging proceedings without
31                 compensating advantage; and
32           (c)   other relevant matters.




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     Schedule       Occupational Licensing National Law
     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 9



1    9.          Effect of change of drafting practice
2                If --
3                   (a)   a provision of this Law expresses an idea in particular words;
4                         and
5                  (b)    a provision enacted later appears to express the same idea in
6                         different words for the purpose of implementing a different
7                         legislative drafting practice, including, for example --
8                           (i)   the use of a clearer or simpler style; or
9                          (ii)   the use of gender-neutral language --
10               the ideas must not be taken to be different merely because different
11               words are used.
12   10.         Use of examples
13               If this Law includes an example of the operation of a provision --
14                 (a)    the example is not exhaustive; and
15                 (b)    the example does not limit, but may extend, the meaning of
16                        the provision; and
17                 (c)    the example and the provision are to be read in the context of
18                        each other and the other provisions of this Law, but, if the
19                        example and the provision so read are inconsistent, the
20                        provision prevails.
21   11.         Compliance with forms
22         (1)   If a form is prescribed or approved by or for the purpose of this Law,
23               strict compliance with the form is not necessary and substantial
24               compliance is sufficient.
25         (2)   If a form prescribed or approved by or for the purpose of this Law
26               requires --
27                 (a)    the form to be completed in a specified way; or
28                 (b)    specified information or documents to be included in,
29                        attached to or given with the form; or
30                 (c)    the form, or information or documents included in, attached
31                        to or given with the form, to be verified in a specified way --
32               the form is not properly completed unless the requirement is complied
33               with.

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                               Occupational Licensing National Law (WA) Bill 2010
                                Occupational Licensing National Law       Schedule
                     Miscellaneous provisions relating to interpretation Schedule  1
                                                                              cl. 12



1                              Part 3 -- Terms and references

2    12.         Definitions
3          (1)   In this Law --
4                Act means an Act of the Legislature of this jurisdiction.
5                adult means an individual who is 18 or more.
6                affidavit, in relation to a person allowed by law to affirm, declare or
7                promise, includes affirmation, declaration and promise.
8                amend includes --
9                  (a)   omit or omit and substitute; or
10                 (b)   alter or vary; or
11                 (c)   amend by implication.
12               appoint includes reappoint.
13               Australia means the Commonwealth of Australia but, when used in a
14               geographical sense, does not include an external Territory.
15               business day means a day that is not --
16                 (a) a Saturday or Sunday; or
17                 (b)   a public holiday, special holiday or bank holiday in the place
18                       in which any relevant act is to be or may be done.
19               calendar month means a period starting at the beginning of any day
20               of one of the 12 named months and ending --
21                 (a)   immediately before the beginning of the corresponding day of
22                       the next named month; or
23                 (b)   if there is no such corresponding day -- at the end of the next
24                       named month.
25               calendar year means a period of 12 months beginning on 1 January.
26               commencement, in relation to this Law or an Act or a provision of
27               this Law or an Act, means the time at which this Law, the Act or
28               provision comes into operation.
29               Commonwealth means the Commonwealth of Australia but, when
30               used in a geographical sense, does not include an external Territory.
31               confer, in relation to a function, includes impose.
32               contravene includes fail to comply with.


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     Occupational Licensing National Law (WA) Bill 2010
     Schedule       Occupational Licensing National Law
     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 12



1              country includes --
2                (a)   a federation; or
3                (b) a state, province or other part of a federation.
4              date of assent, in relation to an Act, means the day on which the Act
5              receives the Royal Assent.
6              definition means a provision of this Law (however expressed) that --
7                (a) gives a meaning to a word or expression; or
8                (b)   limits or extends the meaning of a word or expression.
9              document means any record of information and includes --
10               (a) any paper or other material on which there is writing; or
11               (b)   any paper or other material on which there are marks, figures,
12                     symbols or perforations having a meaning for a person
13                     qualified to interpret them; or
14               (c)   any computer, disc, tape or other article or any material from
15                     which sounds, images, writings or messages are capable of
16                     being reproduced (with or without the aid of another article or
17                     device);
18                (d) a map, plan, drawing or photograph.
19             electronic communication means --
20                (a) a communication of information in the form of data, text or
21                     images by means of guided or unguided electromagnetic
22                     energy, or both; or
23               (b)   a communication of information in the form of sound by
24                     means of guided or unguided electromagnetic energy, or
25                     both, where the sound is processed at its destination by an
26                     automated voice recognition system.
27             estate includes easement, charge, right, title, claim, demand, lien or
28             encumbrance, whether at law or in equity.
29             expire includes lapse or otherwise cease to have effect.
30             external Territory means a Territory, other than an internal Territory,
31             for the government of which as a Territory provision is made by a
32             Commonwealth Act.
33             fail includes refuse.
34             financial year means a period of 12 months beginning on 1 July.


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                   Occupational Licensing National Law (WA) Bill 2010
                    Occupational Licensing National Law       Schedule
         Miscellaneous provisions relating to interpretation Schedule  1
                                                                  cl. 12



1    foreign country means a country (whether or not an independent
2    sovereign State) outside Australia and the external Territories.
3    function includes a power, authority or duty.
4    Gazette means the Government Gazette of this jurisdiction.
5    gazetted means published in the Gazette.
6    Gazette notice means notice published in the Gazette.
7    Government Printer means the Government Printer of this
8    jurisdiction, and includes any other person authorised by the
9    Government of this jurisdiction to print an Act or instrument.
10   individual means a natural person.
11   information system means a system for generating, sending,
12   receiving, storing or otherwise processing electronic communications.
13   insert, in relation to a provision of this Law, includes substitute.
14   instrument includes a statutory instrument.
15   interest, in relation to land or other property, means --
16     (a) a legal or equitable estate in the land or other property; or
17     (b)   a right, power or privilege over, or in relation to, the land or
18           other property.
19   internal Territory means the Australian Capital Territory, the Jervis
20   Bay Territory or the Northern Territory.
21   Jervis Bay Territory means the Territory mentioned in the Jervis Bay
22   Territory Acceptance Act 1915 (Cwlth).
23   make includes issue or grant.
24   minor means an individual who is under 18.
25   modification includes addition, omission or substitution.
26   month means a calendar month.
27   named month means 1 of the 12 months of the year.
28   Northern Territory means the Northern Territory of Australia.
29   number means --
30     (a)   a number expressed in figures or words; or
31     (b)   a letter; or
32     (c)   a combination of a number so expressed and a letter.



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     Schedule       Occupational Licensing National Law
     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 12



1              oath, in relation to a person allowed by law to affirm, declare or
2              promise, includes affirmation, declaration or promise.
3              office includes position.
4              omit, in relation to a provision of this Law or an Act, includes repeal.
5              party includes an individual or a body politic or corporate.
6              penalty includes forfeiture or punishment.
7              person includes an individual or a body politic or corporate.
8              power includes authority.
9              prescribed means prescribed by, or by regulations made or in force
10             for the purposes of or under, this Law.
11             printed includes typewritten, lithographed or reproduced by any
12             mechanical means.
13             proceeding means a legal or other action or proceeding.
14             property means any legal or equitable estate or interest (whether
15             present or future, vested or contingent, or tangible or intangible) in
16             real or personal property of any description (including money), and
17             includes things in action.
18             provision, in relation to this Law or an Act, means words or other
19             matter that form or forms part of this Law or the Act, and includes --
20               (a)   a Chapter, Part, Division, Subdivision, section, subsection,
21                     paragraph, subparagraph, sub-subparagraph or Schedule of or
22                     to this Law or the Act; or
23               (b)   a clause, section, subsection, item, column, table or form of
24                     or in a Schedule to this Law or the Act; or
25               (c) the long title and any preamble to the Act.
26             repeal includes --
27               (a) revoke or rescind; or
28               (b)   repeal by implication; or
29               (c)   abrogate or limit the effect of this Law or instrument
30                     concerned; or
31               (d)   exclude from, or include in, the application of this Law or
32                     instrument concerned any person, subject matter or
33                     circumstance.
34             sign includes the affixing of a seal or the making of a mark.


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                                Occupational Licensing National Law       Schedule
                     Miscellaneous provisions relating to interpretation Schedule  1
                                                                              cl. 13



1                statutory declaration means a declaration made under an Act, or
2                under a Commonwealth Act or an Act of another jurisdiction, that
3                authorises a declaration to be made otherwise than in the course of a
4                judicial proceeding.
5                statutory instrument means an instrument (including a regulation)
6                made or in force under or for the purposes of this Law, and includes
7                an instrument made or in force under any such instrument.
8                swear, in relation to a person allowed by law to affirm, declare or
9                promise, includes affirm, declare or promise.
10               word includes any symbol, figure or drawing.
11               writing includes any mode of representing or reproducing words in a
12               visible form.
13         (2)   In a statutory instrument --
14               the Law means this Law.

15   13.         Provisions relating to defined terms and gender and number
16         (1)   If this Law defines a word or expression, other parts of speech and
17               grammatical forms of the word or expression have corresponding
18               meanings.
19         (2)   Definitions in or applicable to this Law apply except so far as the
20               context or subject matter otherwise indicates or requires.
21         (3)   In this Law, words indicating a gender include each other gender.
22         (4)   In this Law --
23                  (a) words in the singular include the plural; and
24                 (b)   words in the plural include the singular.

25   14.         Meaning of "may" and "must" etc
26         (1)   In this Law, the word may, or a similar word or expression, used in
27               relation to a power indicates that the power may be exercised or not
28               exercised, at discretion.
29         (2)   In this Law, the word must, or a similar word or expression, used in
30               relation to a power indicates that the power is required to be
31               exercised.
32         (3)   This section has effect despite any rule of construction to the contrary.

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     Occupational Licensing National Law (WA) Bill 2010
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     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 15



1    15.         Words and expressions used in statutory instruments
2          (1)   Words and expressions used in a statutory instrument have the same
3                meanings as they have, from time to time, in this Law, or relevant
4                provisions of this Law, under or for the purposes of which the
5                instrument is made or in force.
6          (2)   This section has effect in relation to an instrument except so far as the
7                contrary intention appears in the instrument.

8    16.         Effect of express references to bodies corporate and individuals
9                In this Law, a reference to a person generally (whether the expression
10               "person", "party", "someone", "anyone", "no-one", "one", "another"
11               or "whoever" or another expression is used) --
12                 (a)   does not exclude a reference to a body corporate or an
13                       individual merely because elsewhere in this Law there is
14                       particular reference to a body corporate (however expressed);
15                       and
16                 (b)   does not exclude a reference to an individual or a body
17                       corporate merely because elsewhere in this Law there is
18                       particular reference to an individual (however expressed).

19   17.         Production of records kept in computers etc
20               If a person who keeps a record of information by means of a
21               mechanical, electronic or other device is required by or under this
22               Law --
23                 (a)   to produce the information or a document containing the
24                       information to a court, tribunal or person; or
25                 (b)   to make a document containing the information available for
26                       inspection by a court, tribunal or person;
27               then, unless the court, tribunal or person otherwise directs --
28                 (c)   the requirement obliges the person to produce or make
29                       available for inspection, as the case may be, a document that
30                       reproduces the information in a form capable of being
31                       understood by the court, tribunal or person; and
32                 (d)   the production to the court, tribunal or person of the
33                       document in that form complies with the requirement.


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                          Occupational Licensing National Law       Schedule
               Miscellaneous provisions relating to interpretation Schedule  1
                                                                        cl. 18



1    18.   References to this jurisdiction to be implied
2          In this Law --
3             (a) a reference to an officer, office or statutory body is a
4                   reference to such an officer, office or statutory body in and
5                   for this jurisdiction; and
6            (b)   a reference to a locality or other matter or thing is a reference
7                  to such a locality or other matter or thing in and of this
8                  jurisdiction.

9    19.   References to officers and holders of offices
10         In this Law, a reference to a particular officer, or to the holder of a
11         particular office, includes a reference to the person for the time being
12         occupying or acting in the office concerned.

13   20.   Reference to certain provisions of Law
14         If a provision of this Law refers --
15           (a)   to a Part, section or Schedule by a number and without
16                 reference to this Law -- the reference is a reference to the
17                 Part, section or Schedule, designated by the number, of or to
18                 this Law; or
19           (b)   to a Schedule without reference to it by a number and without
20                 reference to this Law -- the reference, if there is only one
21                 Schedule to this Law, is a reference to the Schedule; or
22           (c)   to a Division, Subdivision, subsection, paragraph,
23                 subparagraph, sub-subparagraph, section, subsection, item,
24                 column, table or form by a number and without reference to
25                 this Law -- the reference is a reference to --
26                    (i)   the Division, designated by the number, of the Part in
27                          which the reference occurs; and
28                   (ii)   the Subdivision, designated by the number, of the
29                          Division in which the reference occurs; and
30                  (iii)   the subsection, designated by the number, of the
31                          section in which the reference occurs; and
32                   (iv)   the paragraph, designated by the number, of the
33                          section, subsection, Schedule or other provision in
34                          which the reference occurs; and


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     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 21



1                           (v)    the paragraph, designated by the number, of the
2                                  section, subsection, item, column, table or form of or
3                                  in the Schedule in which the reference occurs; and
4                          (vi)    the subparagraph, designated by the number, of the
5                                  paragraph in which the reference occurs; and
6                          (vii)   the sub-subparagraph, designated by the number, of
7                                  the subparagraph in which the reference occurs; and
8                         (viii)   the clause, section, subsection, item, column, table or
9                                  form, designated by the number, of or in the Schedule
10                                 in which the reference occurs --
11                        as the case requires.

12   21.         Reference to provisions of this Law or an Act is inclusive
13               In this Law, a reference to a portion of this Law or an Act includes --
14                 (a)    a reference to the Chapter, Part, Division, Subdivision,
15                        section, subsection or other provision of this Law or the Act
16                        referred to that forms the beginning of the portion; and
17                 (b)    a reference to the Chapter, Part, Division, Subdivision,
18                        section, subsection or other provision of this Law or the Act
19                        referred to that forms the end of the portion.
20               Example: A reference to "sections 5 to 9" includes both section 5 and
21                        section 9.

22                         It is not necessary to refer to "sections 5 to 9 (both inclusive)" to
23                         ensure that the reference is given an inclusive interpretation

24                            Part 4 -- Functions and powers
25   22.         Performance of statutory functions
26         (1)   If this Law confers a function or power on a person or body, the
27               function may be performed, or the power may be exercised, from time
28               to time as occasion requires.
29         (2)   If this Law confers a function or power on a particular officer or the
30               holder of a particular office, the function may be performed, or the
31               power may be exercised, by the person for the time being occupying
32               or acting in the office concerned.



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                     Miscellaneous provisions relating to interpretation Schedule  1
                                                                              cl. 23



1          (3)   If this Law confers a function or power on a body (whether or not
2                incorporated), the performance of the function, or the exercise of the
3                power, is not affected merely because of vacancies in the membership
4                of the body.

5    23.         Power to make instrument or decision includes power to amend
6                or repeal
7                If this Law authorises or requires the making of an instrument or
8                decision --
9                  (a)   the power includes power to amend or repeal the instrument
10                       or decision; and
11                 (b)   the power to amend or repeal the instrument or decision is
12                       exercisable in the same way, and subject to the same
13                       conditions, as the power to make the instrument or decision.

14   24.         Matters for which statutory instruments may make provision
15         (1)   If this Law authorises or requires the making of a statutory instrument
16               in relation to a matter, a statutory instrument made under this Law
17               may make provision for the matter by applying, adopting or
18               incorporating (with or without modification) the provisions of --
19                  (a) an Act or statutory instrument; or
20                 (b)   another document (whether of the same or a different
21                       kind) --
22               as in force at a particular time or as in force from time to time.
23         (2)   If a statutory instrument applies, adopts or incorporates the provisions
24               of a document, the statutory instrument applies, adopts or incorporates
25               the provisions as in force from time to time, unless the statutory
26               instrument otherwise expressly provides.
27         (3)   A statutory instrument may --
28                 (a)   apply generally throughout this jurisdiction or be limited in
29                       its application to a particular part of this jurisdiction; or
30                 (b)   apply generally to all persons, matters or things or be limited
31                       in its application to --
32                          (i)   particular persons, matters or things; or
33                         (ii)   particular classes of persons, matters or things; or


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     cl. 25



1                  (c)   otherwise apply generally or be limited in its application by
2                        reference to specified exceptions or factors.
3          (4)   A statutory instrument may --
4                  (a) apply differently according to different specified factors; or
5                  (b)   otherwise make different provision in relation to --
6                           (i)   different persons, matters or things; or
7                          (ii)   different classes of persons, matters or things.
8          (5)   A statutory instrument may authorise a matter or thing to be from time
9                to time determined, applied or regulated by a specified person or
10               body.
11         (6)   If this Law authorises or requires a matter to be regulated by statutory
12               instrument, the power may be exercised by prohibiting by statutory
13               instrument the matter or any aspect of the matter.
14         (7)   If this Law authorises or requires provision to be made with respect to
15               a matter by statutory instrument, a statutory instrument made under
16               this Law may make provision with respect to a particular aspect of the
17               matter despite the fact that provision is made by this Law in relation
18               to another aspect of the matter or in relation to another matter.
19         (8)   A statutory instrument may provide for the review of, or a right of
20               appeal against, a decision made under the statutory instrument, or this
21               Law, and may, for that purpose, confer jurisdiction on any court,
22               tribunal, person or body.
23         (9)   A statutory instrument may require a form prescribed by or under the
24               statutory instrument, or information or documents included in,
25               attached to or given with the form, to be verified by statutory
26               declaration.

27   25.         Presumption of validity and power to make
28         (1)   All conditions and preliminary steps required for the making of a
29               statutory instrument are presumed to have been satisfied and
30               performed in the absence of evidence to the contrary.
31         (2)   A statutory instrument is taken to be made under all powers under
32               which it may be made, even though it purports to be made under this
33               Law or a particular provision of this Law.


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                      Miscellaneous provisions relating to interpretation Schedule  1
                                                                               cl. 26



1    26.         Appointments may be made by name or office
2          (1)   If this Law authorises or requires a person or body --
3                   (a) to appoint a person to an office; or
4                   (b) to appoint a person or body to exercise a power; or
5                  (c)    to appoint a person or body to do another thing --
6                the person or body may make the appointment by --
7                  (d) appointing a person or body by name; or
8                  (e)    appointing a particular officer, or the holder of a particular
9                         office, by reference to the title of the office concerned.
10         (2)   An appointment of a particular officer, or the holder of a particular
11               office, is taken to be the appointment of the person for the time being
12               occupying or acting in the office concerned.

13   27.         Acting appointments
14         (1)   If this Law authorises a person or body to appoint a person to act in an
15               office, the person or body may, in accordance with this Law,
16               appoint --
17                 (a)    a person by name; or
18                 (b)    a particular officer, or the holder of a particular office, by
19                        reference to the title of the office concerned --
20               to act in the office.
21         (2)   The appointment may be expressed to have effect only in the
22               circumstances specified in the instrument of appointment.
23         (3)   The appointer may --
24                 (a) determine the terms and conditions of the appointment,
25                      including remuneration and allowances; and
26                 (b)    terminate the appointment at any time.
27         (4)   The appointment, or the termination of the appointment, must be in,
28               or evidenced by, writing signed by the appointer.
29         (5)   The appointee must not act for more than 1 year during a vacancy in
30               the office.



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     cl. 28



1          (6)   If the appointee is acting in the office otherwise than because of a
2                vacancy in the office and the office becomes vacant, then, subject to
3                subsection (2), the appointee may continue to act until --
4                  (a)   the appointer otherwise directs; or
5                  (b)   the vacancy is filled; or
6                  (c)   the end of a year from the day of the vacancy --
7                whichever happens first.
8          (7)   The appointment ceases to have effect if the appointee resigns by
9                writing signed and delivered to the appointer.
10         (8)   While the appointee is acting in the office --
11                 (a)   the appointee has all the powers and functions of the holder
12                       of the office; and
13                 (b)   this Law and other laws apply to the appointee as if the
14                       appointee were the holder of the office.
15         (9)   Anything done by or in relation to a person purporting to act in the
16               office is not invalid merely because --
17                 (a)   the occasion for the appointment had not arisen; or
18                 (b)   the appointment had ceased to have effect; or
19                 (c)   the occasion for the person to act had not arisen or had
20                       ceased.
21     (10)      If this Law authorises the appointer to appoint a person to act during a
22               vacancy in the office, an appointment to act in the office may be made
23               by the appointer whether or not an appointment has previously been
24               made to the office.

25   28.         Powers of appointment imply certain incidental powers
26         (1)   If this Law authorises or requires a person or body to appoint a person
27               to an office --
28                 (a)   the power may be exercised from time to time as occasion
29                       requires; and
30                 (b)   the power includes --
31                          (i)   power to remove or suspend, at any time, a person
32                                appointed to the office; and


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                                                                              cl. 29



1                          (ii)   power to appoint another person to act in the office if
2                                 a person appointed to the office is removed or
3                                 suspended; and
4                         (iii)   power to reinstate or reappoint a person removed or
5                                 suspended; and
6                         (iv)    power to appoint a person to act in the office if it is
7                                 vacant (whether or not the office has ever been
8                                 filled); and
9                          (v)    power to appoint a person to act in the office if the
10                                person appointed to the office is absent or is unable to
11                                discharge the functions of the office (whether because
12                                of illness or otherwise).
13         (2)   The power to remove or suspend a person under subsection (1)(b)
14               may be exercised even if this Law provides that the holder of the
15               office to which the person was appointed is to hold office for a
16               specified period.
17         (3)   The power to make an appointment under subsection (1)(b) may be
18               exercised from time to time as occasion requires.
19         (4)   An appointment under subsection (1)(b) may be expressed to have
20               effect only in the circumstances specified in the instrument of
21               appointment.

22   29.         Delegation of functions
23         (1)   If this Law authorises a person or body to delegate a function, the
24               person or body may, in accordance with this Law and any other
25               applicable law, delegate the function to --
26                 (a)   a person or body by name; or
27                 (b)   a specified officer, or the holder of a specified office, by
28                       reference to the title of the office concerned.
29         (2)   The delegation may be --
30                 (a) general or limited; and
31                 (b)   made from time to time; and
32                 (c)   revoked, wholly or partly, by the delegator.




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     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 29



1       (3)     The delegation, or a revocation of the delegation, must be in, or
2               evidenced by, writing signed by the delegator or, if the delegator is a
3               body, by a person authorised by the body for the purpose.
4       (4)     A delegated function may be exercised only in accordance with any
5               conditions to which the delegation is subject.
6       (5)     The delegate may, in the performance of a delegated function, do
7               anything that is incidental to the delegated function.
8       (6)     A delegated function that purports to have been exercised by the
9               delegate is taken to have been properly exercised by the delegate
10              unless the contrary is proved.
11      (7)     A delegated function that is properly exercised by the delegate is
12              taken to have been exercised by the delegator.
13      (8)     If, when exercised by the delegator, a function is dependent on the
14              delegator's opinion, belief or state of mind, then, when exercised by
15              the delegate, the function is dependent on the delegate's opinion,
16              belief or state of mind.
17      (9)     If --
18                 (a)   the delegator is a specified officer or the holder of a specified
19                       office; and
20                (b)    the person who was the specified officer or holder of the
21                       specified office when the delegation was made ceases to be
22                       the holder of the office --
23              then --
24                (c) the delegation continues in force; and
25                (d)    the person for the time being occupying or acting in the office
26                       concerned is taken to be the delegator for the purposes of this
27                       section.
28     (10)     If --
29                (a)    the delegator is a body; and
30                (b)    there is a change in the membership of the body --
31              then --
32                (c) the delegation continues in force; and


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                     Miscellaneous provisions relating to interpretation Schedule  1
                                                                              cl. 30



1                  (d)    the body as constituted for the time being is taken to be
2                         delegator for the purposes of this section.
3      (11)      If a function is delegated to a specified officer or the holder of a
4                specified office --
5                  (a)    the delegation does not cease to have effect merely because
6                         the person who was the specified officer or the holder of the
7                         specified office when the function was delegated ceases to be
8                         the officer or the holder of the office; and
9                  (b)    the function may be exercised by the person for the time
10                        being occupying or acting in the office concerned.
11     (12)      A function that has been delegated may, despite the delegation, be
12               exercised by the delegator.
13     (13)      The delegation of a function does not relieve the delegator of the
14               delegator's obligation to ensure that the function is properly
15               exercised.
16     (14)      Subject to subsection (15), this section applies to a subdelegation of a
17               function in the same way as it applies to a delegation of a function.
18     (15)      If this Law authorises the delegation of a function, the function may
19               be subdelegated only if the Law expressly authorises the function to
20               be subdelegated.

21   30.         Exercise of powers between enactment and commencement
22         (1)   If a provision of this Law (the empowering provision) that does not
23               commence on its enactment would, had it commenced, confer a
24               power --
25                 (a)    to make an appointment; or
26                 (b)    to make a statutory instrument of a legislative or
27                        administrative character; or
28                 (c)    to do another thing --
29               then --
30                 (d)    the power may be exercised; and




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     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 30



1                 (e)    anything may be done for the purpose of enabling the
2                        exercise of the power or of bringing the appointment,
3                        instrument or other thing into effect --
4               before the empowering provision commences.
5       (2)     If a provision of a Victoria Act (the empowering provision) that does
6               not commence on its enactment would, had it commenced, amend a
7               provision of this Law so that it would confer a power --
8                 (a)    to make an appointment; or
9                 (b)    to make a statutory instrument of a legislative or
10                       administrative character; or
11                (c)    to do another thing --
12              then --
13                (d)    the power may be exercised; and
14                (e)    anything may be done for the purpose of enabling the
15                       exercise of the power or of bringing the appointment,
16                       instrument or other thing into effect --
17              before the empowering provision commences.
18      (3)     If --
19                 (a)   this Law has commenced and confers a power to make a
20                       statutory instrument (the basic instrument-making power);
21                       and
22                (b)    a provision of a Victoria Act that does not commence on its
23                       enactment would, had it commenced, amend this Law so as to
24                       confer additional power to make a statutory instrument (the
25                       additional instrument-making power) --
26              then --
27                (c)    the basic instrument-making power and the additional
28                       instrument-making power may be exercised by making a
29                       single instrument; and
30                (d)    any provision of the instrument that required an exercise of
31                       the additional instrument-making power is to be treated as
32                       made under subsection (2).




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                                                                         cl. 30



1    (4)   If an instrument, or a provision of an instrument, is made under
2          subsection (1) or (2) that is necessary for the purpose of --
3            (a)    enabling the exercise of a power mentioned in the subsection;
4                   or
5            (b)    bringing an appointment, instrument or other thing made or
6                   done under such a power into effect --
7          the instrument or provision takes effect --
8            (c) on the making of the instrument; or
9            (d)    on such later day (if any) on which, or at such later time (if
10                  any) at which, the instrument or provision is expressed to take
11                  effect.
12   (5)   If --
13            (a)   an appointment is made under subsection (1) or (2); or
14           (b)    an instrument, or a provision of an instrument, made under
15                  subsection (1) or (2) is not necessary for a purpose mentioned
16                  in subsection (4) --
17         the appointment, instrument or provision takes effect --
18           (c) on the commencement of the relevant empowering provision;
19                 or
20           (d)    on such later day (if any) on which, or at such later time (if
21                  any) at which, the appointment, instrument or provision is
22                  expressed to take effect.
23   (6)   Anything done under subsection (1) or (2) does not confer a right, or
24         impose a liability, on a person before the relevant empowering
25         provision commences.
26   (7)   After the enactment of a provision mentioned in subsection (2) but
27         before the provision's commencement, this section applies as if the
28         references in subsections (2) and (5) to the commencement of the
29         empowering provision were references to the commencement of the
30         provision mentioned in subsection (2) as amended by the empowering
31         provision.
32   (8)   In the application of this section to a statutory instrument, a reference
33         to the enactment of the instrument is a reference to the making of the
34         instrument.


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     Schedule 1     Miscellaneous provisions relating to interpretation
     cl. 31



1                            Part 5 -- Distance, time and age

2    31.         Matters relating to distance, time and age
3          (1)   In the measurement of distance for the purposes of this Law, the
4                distance is to be measured along the shortest road ordinarily used for
5                travelling.
6          (2)   If a period beginning on a given day, act or event is provided or
7                allowed for a purpose by this Law, the period is to be calculated by
8                excluding the day, or the day of the act or event; and --
9                  (a)    if the period is expressed to be a specified number of clear
10                        days or at least a specified number of days -- by excluding
11                        the day on which the purpose is to be fulfilled; and
12                 (b)    in any other case -- by including the day on which the
13                        purpose is to be fulfilled.
14         (3)   If the last day of a period provided or allowed by this Law for doing
15               anything is not a business day in the place in which the thing is to be
16               or may be done, the thing may be done on the next business day in the
17               place.
18         (4)   If the last day of a period provided or allowed by this Law for the
19               filing or registration of a document is a day on which the office is
20               closed where the filing or registration is to be or may be done, the
21               document may be filed or registered at the office on the next day that
22               the office is open.
23         (5)   If no time is provided or allowed for doing anything, the thing is to be
24               done as soon as possible, and as often as the prescribed occasion
25               happens.
26         (6)   If, in this Law, there is a reference to time, the reference is, in relation
27               to the doing of anything in a jurisdiction, a reference to the legal time
28               in the jurisdiction.
29         (7)   For the purposes of this Law, a person attains an age in years at the
30               beginning of the person's birthday for the age.




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                     Miscellaneous provisions relating to interpretation Schedule  1
                                                                              cl. 32



1                Part 6 -- Effect of repeal, amendment or expiration

2    32.         Time of Law ceasing to have effect
3                If a provision of this Law is expressed --
4                  (a)   to expire on a specified day; or
5                  (b)   to remain or continue in force, or otherwise have effect, until
6                        a specified day --
7                this provision has effect until the last moment of the specified day.

8    33.         Repealed Law provisions not revived
9                If a provision of this Law is repealed or amended by a Victorian Act,
10               or a provision of a Victorian Act, the provision is not revived merely
11               because the Victorian Act or the provision of the Victorian Act --
12                 (a)   is later repealed or amended; or
13                 (b)   later expires.

14   34.         Saving of operation of repealed Law provisions
15         (1)   The repeal, amendment or expiry of a provision of this Law does
16               not --
17                 (a)   revive anything not in force or existing at the time the repeal,
18                       amendment or expiry takes effect; or
19                 (b)   affect the previous operation of the provision or anything
20                       suffered, done or begun under the provision; or
21                 (c)   affect a right, privilege or liability acquired, accrued or
22                       incurred under the provision; or
23                 (d)   affect a penalty incurred in relation to an offence arising
24                       under the provision; or
25                 (e)   affect an investigation, proceeding or remedy in relation to
26                       such a right, privilege, liability or penalty.
27         (2)   Any such penalty may be imposed and enforced, and any such
28               investigation, proceeding or remedy may be begun, continued or
29               enforced, as if the provision had not been repealed or amended or had
30               not expired.




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     Schedule       Occupational Licensing National Law
     Part 7         Instruments under Law
     cl. 35



1    35.         Continuance of repealed provisions
2                If a Victorian Act repeals some provisions of this Law and enacts new
3                provisions in substitution for the repealed provisions, the repealed
4                provisions continue in force until the new provisions commence.

5    36.         Law and amending Acts to be read as one
6                This Law and all Victorian Acts amending this Law are to be read as
7                one.

8                           Part 7 -- Instruments under Law

9    37.         Schedule applies to statutory instruments
10         (1)   This Schedule applies to a statutory instrument, and to things that may
11               be done or are required to be done under a statutory instrument, in the
12               same way as it applies to this Law, and things that may be done or are
13               required to be done under this Law, except so far as the context or
14               subject matter otherwise indicates or requires.
15         (2)   The fact that a provision of this Schedule refers to this Law and not
16               also to a statutory instrument does not, by itself, indicate that the
17               provision is intended to apply only to this Law.

18                         Part 8 -- Application to coastal sea
19   38.         Application
20               This Law has effect in and relation to the coastal sea of this
21               jurisdiction as if that coastal sea were part of this jurisdiction.

22




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                                                                                          Defined Terms



                                    Defined Terms
     [This is a list of terms defined and the provisions where they are defined.
                            The list is not part of the law.]
Defined Term                                                                                        Provision(s)
Act ............................................................................................ Sch. 1, cl. 12(1)
additional instrument-making power........................................... Sch. 1, cl. 30(3)
adult .......................................................................................... Sch. 1, cl. 12(1)
advertise .......................................................................................Sch., cl. 11(5)
Advisory Committee ........................................................................... Sch., cl. 4
affected person.................................................................................. Sch., cl. 88
affidavit ..................................................................................... Sch. 1, cl. 12(1)
amend........................................................................................ Sch. 1, cl. 12(1)
appoint....................................................................................... Sch. 1, cl. 12(1)
approved form..................................................................................... Sch., cl. 4
Archives Act...............................................................................Sch., cl. 141(5)
Australia .................................................................................... Sch. 1, cl. 12(1)
Australian Accounting Standards.................................................Sch., cl. 147(7)
authorised officer ................................................................................ Sch., cl. 4
Authority Fund ................................................................................... Sch., cl. 4
bankrupt or insolvent.....................................................................Sch., cl. 49(3)
basic instrument-making power .................................................. Sch. 1, cl. 30(3)
business day............................................................................... Sch. 1, cl. 12(1)
calendar month .......................................................................... Sch. 1, cl. 12(1)
calendar year.............................................................................. Sch. 1, cl. 12(1)
chief executive officer......................................................................... Sch., cl. 4
close associate...............................................................................Sch., cl. 21(2)
COAG ................................................................................................ Sch., cl. 4
COAG agreement ............................................................................... Sch., cl. 4
commencement.......................................................................... Sch. 1, cl. 12(1)
Commonwealth.......................................................................... Sch. 1, cl. 12(1)
confer ........................................................................................ Sch. 1, cl. 12(1)
contravene ................................................................................. Sch. 1, cl. 12(1)
convicted ......................................................................................Sch., cl. 49(3)
corresponding disciplinary body....................................................Sch., cl. 21(2)
corresponding prior Act.................................................................Sch., cl. 21(2)
country ...................................................................................... Sch. 1, cl. 12(1)
criminal history................................................................................... Sch., cl. 4
date of assent ............................................................................. Sch. 1, cl. 12(1)
definition ................................................................................... Sch. 1, cl. 12(1)
disciplinary action............................................................................... Sch., cl. 4
Disciplinary action ............................................................ Sch., cl. 47(1) and (2)
disciplinary body................................................................................. Sch., cl. 4
document ................................................................................... Sch. 1, cl. 12(1)


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Defined Terms



     electronic communication .......................................................... Sch. 1, cl. 12(1)
     empowering provision.................................................... Sch. 1, cl. 30(1) and (2)
     entity .................................................................................................. Sch., cl. 4
     estate ......................................................................................... Sch. 1, cl. 12(1)
     expire ........................................................................................ Sch. 1, cl. 12(1)
     external Territory ....................................................................... Sch. 1, cl. 12(1)
     extrinsic material..........................................................................Sch. 1, cl. 8(1)
     fail............................................................................................. Sch. 1, cl. 12(1)
     financial year ............................................................................. Sch. 1, cl. 12(1)
     First Minister's Department................................................................. Sch., cl. 4
     FOI Act ......................................................................................Sch., cl. 137(5)
     foreign country .......................................................................... Sch. 1, cl. 12(1)
     former licensee ................................................................................... Sch., cl. 4
     function ..................................................................................... Sch. 1, cl. 12(1)
     Gazette ...................................................................................... Sch. 1, cl. 12(1)
     Gazette notice ............................................................................ Sch. 1, cl. 12(1)
     gazetted ..................................................................................... Sch. 1, cl. 12(1)
     Government Printer.................................................................... Sch. 1, cl. 12(1)
     home ............................................................................................Sch., cl. 65(5)
     immediate suspension ground.............................................................. Sch., cl. 4
     individual................................................................................... Sch. 1, cl. 12(1)
     information system..................................................................... Sch. 1, cl. 12(1)
     insert ......................................................................................... Sch. 1, cl. 12(1)
     instrument.................................................................................. Sch. 1, cl. 12(1)
     interest....................................................................................... Sch. 1, cl. 12(1)
     internal Territory........................................................................ Sch. 1, cl. 12(1)
     Jervis Bay Territory ................................................................... Sch. 1, cl. 12(1)
     jurisdictional regulator ........................................................................ Sch., cl. 4
     jurisdictional regulator members ........................................ Sch., cl. 4, cl. 103(3)
     law .............................................................................................Sch., cl. 156(2)
     licence ................................................................................. Sch., cl. 4, cl. 21(2)
     licensed occupation............................................................................. Sch., cl. 4
     Licensing Authority ............................................................................ Sch., cl. 4
     Licensing Board.................................................................................. Sch., cl. 4
     local application provisions of this Act .........................................................3(1)
     make.......................................................................................... Sch. 1, cl. 12(1)
     may ........................................................................................... Sch. 1, cl. 14(1)
     Ministerial Council ............................................................................. Sch., cl. 4
     minor......................................................................................... Sch. 1, cl. 12(1)
     modification............................................................................... Sch. 1, cl. 12(1)
     month ........................................................................................ Sch. 1, cl. 12(1)
     named month ............................................................................. Sch. 1, cl. 12(1)
     national licensing system..................................................................... Sch., cl. 4
     national regulations............................................................................. Sch., cl. 4
     nominee.............................................................................................. Sch., cl. 4

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                            Occupational Licensing National Law (WA) Bill 2010



                                                                                           Defined Terms



Northern Territory...................................................................... Sch. 1, cl. 12(1)
number ...................................................................................... Sch. 1, cl. 12(1)
oath ........................................................................................... Sch. 1, cl. 12(1)
obstruct.........................................................................................Sch., cl. 86(3)
Occupational Licensing National Law (WA) ................................................3(2)
office ......................................................................................... Sch. 1, cl. 12(1)
Ombudsman Act .........................................................................Sch., cl. 150(5)
omit ........................................................................................... Sch. 1, cl. 12(1)
ordinary meaning .........................................................................Sch. 1, cl. 8(1)
original warrant.............................................................................Sch., cl. 68(3)
other person ................................................................................Sch., cl. 128(1)
participating jurisdiction...................................................................... Sch., cl. 4
participation day ................................................................................. Sch., cl. 4
party .......................................................................................... Sch. 1, cl. 12(1)
penalty....................................................................................... Sch. 1, cl. 12(1)
person........................................................................................ Sch. 1, cl. 12(1)
place................................................................................................... Sch., cl. 4
power ........................................................................................ Sch. 1, cl. 12(1)
premises ............................................................................................. Sch., cl. 4
prescribed .................................................................................. Sch. 1, cl. 12(1)
prescribed work .................................................................................. Sch., cl. 4
primary jurisdiction............................................................................. Sch., cl. 4
printed ....................................................................................... Sch. 1, cl. 12(1)
Privacy Act .................................................................................Sch., cl. 135(5)
proceeding ................................................................................. Sch. 1, cl. 12(1)
property ..................................................................................... Sch. 1, cl. 12(1)
proposed action.............................................................................Sch., cl. 52(2)
protected information ...................................................................... Sch., cl. 136
protected person..........................................................................Sch., cl. 151(3)
provision.................................................................................... Sch. 1, cl. 12(1)
public place...................................................................................Sch., cl. 65(5)
regulation................................................................... Sch., cl. 164(6), cl. 165(4)
relevant law ..................................................................................Sch., cl. 49(3)
relevant person................................................ Sch., cl. 11(2), cl. 19(3), cl. 83(7)
relevant place...................................................................................... Sch., cl. 4
relevant tribunal or court ..................................................................... Sch., cl. 4
remuneration tribunal ..................................................................Sch., cl. 106(2)
repeal......................................................................................... Sch. 1, cl. 12(1)
review decision ................................................................. Sch., cl. 88,, cl. 91(1)
review notice ................................................................................Sch., cl. 92(1)
review period ................................................................................Sch., cl. 92(4)
reviewable decision........................................................................... Sch., cl. 88
reviewer............................................................................................ Sch., cl. 88
second person ...............................................................................Sch., cl. 12(2)
show cause notice .........................................................................Sch., cl. 52(1)

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Occupational Licensing National Law (WA) Bill 2010



Defined Terms



     show cause period.........................................................................Sch., cl. 52(2)
     sign............................................................................................ Sch. 1, cl. 12(1)
     specified licensed occupation ........................... Sch., cl. 9(2), cl. 11(5), cl. 12(4),
     ............................................................................... cl. 14(2), cl. 29(3), cl. 35(4)
     State ...............................................................................................Sch., cl. 8(2)
     State or Territory entity....................................................................... Sch., cl. 4
     statutory declaration................................................................... Sch. 1, cl. 12(1)
     statutory instrument.................................................................... Sch. 1, cl. 12(1)
     swear ......................................................................................... Sch. 1, cl. 12(1)
     the Law...................................................................................... Sch. 1, cl. 12(2)
     vehicle ................................................................................................ Sch., cl. 4
     word .......................................................................................... Sch. 1, cl. 12(1)
     writing....................................................................................... Sch. 1, cl. 12(1)




 


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