Australian Capital Territory
Red Tape Reduction Legislation Amendment Act 2014
A2014-47
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Casino Control Act 2006
	4	Issue of casino employee licence
Section 45 (3)	4
	5	Renewal of casino employee licence
Section 47 (4) (b)	4
Part 3	Fair Trading (Motor Vehicle Repair Industry) Act 2010
	6	Licensee advertising without details
Section 47	5
Part 4	Gaming Machine Act 2004
	7	Display of licence at licensed premises
Section 41 (1)	6
Part 5	Hawkers Act 2003
	8	Section 13	7
	9	Restriction on hawking near commercial premises
Section 14 (1), note	7
	10	Section 16	8
Part 6	Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012
	11	Fair Trading (Motor Vehicle Repair Industry) Act 2010 infringement notice offences and penalties
Schedule 1, item 4	10
Part 7	Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005
	12	Sale of Motor Vehicles Act infringement notice offences and penalties
Schedule 1, item 11	11
Part 8	Pawnbrokers Act 1902
	13	Name of pawnbroker etc to be displayed on premises
Section 7	12
Part 9	Planning and Development Regulation 2008
	14	Schedule 1, new division 1.3.4A	13
Part 10	Public Unleased Land Act 2013
	15	Public unleased land permit—application
Section 45 (2) (d)	16
Part 11	Race and Sports Bookmaking Act 2001
	16	Section 10 and note	17
	17	Section 16 and note	17
	18	Section 38 and note	17
	19	Internally reviewable decisions
Schedule 1, item 4	17
Part 12	Registration of Deeds Act 1957
	20	Registration of deeds
Section 4 (1) (a)	18
	21	Section 4 (2)	18
Part 13	Sale of Motor Vehicles Act 1977
	22	Display of licence and notice
Section 73 (4)	19
	23	Section 73 (5)	19
	24	Section 73 (8)	19
	25	Advertisements by licensed dealers
Section 79 (1)	19
	26	Section 79 (4)	19
	27	Advertisements by licensed car market operators
Section 79A	19
Part 14	Second-hand Dealers Act 1906
	28	Name of dealer etc to be displayed on premises
Section 5	20
Part 15	Second-hand Dealers Regulation 2002
	29	Requirement for displayed lettering—Act, s 5
Section 5B	21
Part 16	Security Industry Act 2003
	30	Advertising
Section 40 (1)	22
Part 17	Tobacco Act 1927
	31	Display of licence details
Section 64 (4) definition of licence details notice, paragraph (c)	23

Australian Capital Territory
Red Tape Reduction Legislation Amendment Act 2014
A2014-47

An Act to amend legislation for the purpose of red tape reduction 

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Red Tape Reduction Legislation Amendment Act 2014.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Casino Control Act 2006
·	Fair Trading (Motor Vehicle Repair Industry) Act 2010
·	Gaming Machine Act 2004
·	Hawkers Act 2003
·	Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012
·	Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005
·	Pawnbrokers Act 1902
·	Planning and Development Regulation 2008
·	Public Unleased Land Act 2013
·	Race and Sports Bookmaking Act 2001
·	Registration of Deeds Act 1957
·	Sale of Motor Vehicles Act 1977
·	Second-hand Dealers Act 1906
·	Second-hand Dealers Regulation 2002
·	Security Industry Act 2003
·	Tobacco Act 1927.

Part 2	Casino Control Act 2006
4	Issue of casino employee licence
Section 45 (3)
substitute
	(3)	A casino employee licence is for not more than 3 years.
5	Renewal of casino employee licence
Section 47 (4) (b)
substitute
	(b)	is for not more than 3 years.

Part 3	Fair Trading (Motor Vehicle Repair Industry) Act 2010
6	Licensee advertising without details
Section 47
omit

Part 4	Gaming Machine Act 2004
7	Display of licence at licensed premises
Section 41 (1)
substitute
	(1)	It is a condition of a licence that the licensee displays the licence, or a copy of the licence, in a prominent position at 1 entrance (the main entrance) to each gaming area of the licensed premises.

Part 5	Hawkers Act 2003
8	Section 13
substitute
13	Licensed hawkers licence to be produced on request by authorised person
	(1)	A licensed hawker commits an offence if—
	(a)	the licensee carries on business as a hawker in a public place; and
	(b)	the licensee is asked by an authorised person to produce the licensee’s licence for inspection; and
	(c)	the licensee does not produce the licence for inspection.
Maximum penalty:  10 penalty units.
	(2)	A licensed hawker commits an offence if—
	(a)	someone else carries on business as a hawker for the licensee in a public place; and
	(b)	the person in paragraph (a) is asked by an authorised person to produce the licensee’s licence for inspection; and
	(c)	the person in paragraph (a) does not produce the licence (or a copy of the licence) for inspection. 
Maximum penalty:  10 penalty units.
	(3)	An offence against this section is a strict liability offence.
9	Restriction on hawking near commercial premises
Section 14 (1), note
omit
s 14 and
10	Section 16
substitute
16	Commercial premises—exemption to be produced on request by authorised person
	(1)	This section does not apply to a licensed hawker.
Note	A licensed hawker must produce their licence on request by an authorised person. The licence shows any exemption held by the licensee (see s 13 and s 21).
	(2)	An exempt person for commercial premises commits an offence if—
	(a)	the person carries on business as a hawker at a location in a public place within 180m of the premises; and
	(b)	the person is asked by an authorised person to produce the person’s exemption for inspection; and
	(c)	the person does not produce the exemption for inspection. 
Maximum penalty:  5 penalty units.
Note	An exempt person may carry on business as a hawker within 180m of the commercial premises to which the exemption applies (see s 14 and s 28).
	(3)	An exempt person for commercial premises commits an offence if—
	(a)	someone else carries on business as a hawker for the exempt person at a location in a public place; and
	(b)	the location is within 180m of the premises to which the exemption applies; and
	(c)	the person in paragraph (a) is asked by an authorised person to produce the exempt person’s exemption for inspection; and
	(d)	the person in paragraph (a) does not produce the exemption (or a copy of the exemption) for inspection.
Maximum penalty:  5 penalty units.
	(4)	An offence against this section is a strict liability offence.

Part 6	Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012
11	Fair Trading (Motor Vehicle Repair Industry) Act 2010 infringement notice offences and penalties
Schedule 1, item 4
omit

Part 7	Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005
12	Sale of Motor Vehicles Act infringement notice offences and penalties
Schedule 1, item 11
omit

Part 8	Pawnbrokers Act 1902
13	Name of pawnbroker etc to be displayed on premises
Section 7
omit

Part 9	Planning and Development Regulation 2008
14	Schedule 1, new division 1.3.4A
insert
Division 1.3.4A	Exempt developments—outdoor eating or drinking places
1.79	Definitions—div 1.3.4A
In this division:
outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A.
public unleased land—see the Public Unleased Land Act 2013, section 8.
1.80	Application—div 1.3.4A
This division applies to an outdoor eating or drinking place if it is established on—
	(a)	unleased territory land under a licence granted under the Act, part 9.11 (Licences for unleased land); or
	(b)	public unleased land for which a permit has been issued under the Public Unleased Land Act 2013.
1.81	Outdoor eating or drinking places—general exemption criteria
Unless otherwise stated in a provision, a development to which this division applies must comply with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.
Note	General exemption criteria, for a development—see s 1.10. 
1.82	Outdoor eating or drinking places—removable objects
	(1)	A designated development for building or installing an object in an outdoor eating or drinking place if the object (a removable object) can, within 48 hours and with or without limited mechanical assistance, be removed from the outdoor eating or drinking place to return that place to the condition it was in immediately before the object was installed.
Examples—removable objects
·	awnings
·	glass screens
·	portable barriers
·	serving stations
·	umbrellas attached to the ground
Note 1	Designated development, in relation to land—see s 1.2.
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In this section:
limited mechanical assistance includes the use of a crowbar, a pallet jack, or a trolley but does not include the use of an excavator, a forklift, or a jackhammer.
removable object includes any of the following:
	(a)	an object that is attached to the ground, a building or structure;
	(b)	a socket, sleeve, bracket or similar device that attaches an object to the ground, a building or a structure;
	(c)	an object that, though not attached, remains in place when the outdoor eating or drinking place is not in use.

Part 10	Public Unleased Land Act 2013
15	Public unleased land permit—application
Section 45 (2) (d)
substitute
	(d)	include a plan (a location plan) that—
	(i)	is drawn to scale; and
	(ii)	clearly shows—
	(A)	the location, boundaries and dimensions of the public unleased land for the permit; and
	(B)	the position of the activity on the public unleased land.

Part 11	Race and Sports Bookmaking Act 2001
16	Section 10 and note
substitute
10	Term of race bookmaking licence
A race bookmaking licence is issued for the period of not more than 3 years stated in the licence.
17	Section 16 and note
substitute
16	Term of race bookmaker’s agent licence
A race bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.
18	Section 38 and note
substitute
38	Term of sports bookmaker’s agent licence
A sports bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.
19	Internally reviewable decisions
Schedule 1, item 4
substitute
4	30	issue licence for shorter period than applied for	applicant for licence	

Part 12	Registration of Deeds Act 1957
20	Registration of deeds
Section 4 (1) (a)
omit
registrar-general;
substitute
registrar-general; or
21	Section 4 (2)
substitute
	(2)	A deed must not be registered under this Act by being deposited with the registrar-general unless the deed, in the opinion of the registrar-general—
	(a)	is legibly written; and
	(b)	is on paper of a size and standard approved by the registrar‑general; and
	(c)	will, if entered on the register, be, and continue to be, easily readable.

Part 13	Sale of Motor Vehicles Act 1977
22	Display of licence and notice
Section 73 (4)
omit
23	Section 73 (5)
omit
In addition to the notice required by subsection (4), a licensed
substitute
A licensed
24	Section 73 (8)
omit
(2), (4) and (5)
substitute
(2) and (5)
25	Advertisements by licensed dealers
Section 79 (1)
omit
26	Section 79 (4)
omit
27	Advertisements by licensed car market operators
Section 79A
omit

Part 14	Second-hand Dealers Act 1906
28	Name of dealer etc to be displayed on premises
Section 5
omit

Part 15	Second-hand Dealers Regulation 2002
29	Requirement for displayed lettering—Act, s 5
Section 5B
omit

Part 16	Security Industry Act 2003
30	Advertising
Section 40 (1)
substitute
	(1)	A person commits an offence if—
	(a)	the person advertises that the person carries on, or is willing to carry on, a security activity; and
	(b)	the person is not the holder of a licence that authorises the person to carry on the security activity mentioned in the advertisement.
Maximum penalty:  30 penalty units.

Part 17	Tobacco Act 1927
31	Display of licence details
Section 64 (4) definition of licence details notice, paragraph (c)
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 5 June 2014.
2	Notification
	Notified under the Legislation Act on 6 November 2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Red Tape Reduction Legislation Amendment Bill 2014, which was passed by the Legislative Assembly on 23 October 2014. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2014