2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 ACT Civil and Administrative Tribunal Act 2008 5

Part 1.2 Administrative Decisions (Judicial Review) Act 1989 30

Part 1.3 Agents Act 2003 31

Part 1.4 Architects Act 2004 38

Part 1.5 Architects Regulation 2004 46

Part 1.6 Bail Act 1992 47

Part 1.7 Building Act 2004 47

Part 1.8 Building (General) Regulation 2008 50

Part 1.9 Children and Young People Act 2008 51

Part 1.10 Construction Occupations (Licensing) Act 2004 61

Part 1.11 Construction Occupations (Licensing) Regulation 2004 75

Part 1.12 Consumer Credit Act 1995 85

Part 1.13 Consumer Credit Regulation 1996 86

Part 1.14 Consumer Credit (Administration) Act 1996 87

Part 1.15 Court Procedures Act 2004 118

Part 1.16 Court Procedures Regulation 2004 127

Part 1.17 Credit Act 1985 127

Part 1.18 Crimes Act 1900 132

Part 1.19 Crimes (Child Sex Offenders) Regulation 2005 135

Part 1.20 Discrimination Act 1991 135

Part 1.21 Drugs of Dependence Act 1989 137

Part 1.22 Executive Documents Release Act 2001 139

Part 1.23 Fair Trading (Consumer Affairs) Act 1973 140

Part 1.24 Firearms Act 1996 141

Part 1.25 Freedom of Information Regulation 1991 148

Part 1.26 Guardianship and Management of Property Act 1991 151

Part 1.27 Health Professionals Act 2004 164

Part 1.28 Health Professionals Regulation 2004 173

Part 1.29 Heritage Act 2004 176

Part 1.30 Human Rights Act 2004 180

Part 1.31 Human Rights Commission Act 2005 181

Part 1.32 Judicial Commissions Act 1994 186

Part 1.33 Legal Profession Act 2006 187

Part 1.34 Legislation Act 2001 209

Part 1.35 Liquor Act 1975 210

Part 1.36 Magistrates Court Act 1930 243

Part 1.37 Medicines, Poisons and Therapeutic Goods Act 2008 245

Part 1.38 Mental Health (Treatment and Care) Act 1994 251

Part 1.39 Planning and Development Act 2007 282

Part 1.40 Powers of Attorney Act 2006 287

Part 1.41 Prohibited Weapons Act 1996 291

Part 1.42 Public Health Act 1997 293

Part 1.43 Remuneration Tribunal Act 1995 297

Part 1.44 Residential Tenancies Act 1997 298

Part 1.45 Residential Tenancies Regulation 1998 311

Part 1.46 Sale of Motor Vehicles Act 1977 311

Part 1.47 Security Industry Act 2003 321

Part 1.48 Surveyors Act 2007 326

Part 1.49 Territory Records Act 2002 333

Part 1.50 Tobacco Act 1927 333

Part 1.51 Transplantation and Anatomy Act 1978 339

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend legislation in relation to tribunals and other bodies, the functions of which are to be conferred on the ACT Civil and Administrative Tribunal, and for other purposes

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

This Act is the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008.

(1) This Act, other than the following parts, commences on the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act):

(a) part 1.9 (Children and Young People Act 2008);

(b) part 1.21 (Drugs of Dependence Act 1989);

(c) part 1.24 (Firearms Act 1996);

(d) part 1.37 (Medicines, Poisons and Therapeutic Goods Act 2008);

(e) part 1.41 (Prohibited Weapons Act 1996);

(f) part 1.42 (Public Health Act 1997).

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) Part 1.9, other than a provision that has a special commencement, commences on the later of—

(a) the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act); and

(b) the commencement of the Children and Young People Act 2008, part 14.11 (Mental health tribunal provisions).

(3) Part 1.24 commences on the later of—

(a) the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6; and

(b) the commencement of the Firearms Amendment Act 2008, part 2 (Firearms Act 1996).

(4) Part 1.41 commences on the later of—

(a) the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6; and

(b) immediately after the commencement of the Firearms Amendment Act 2008, schedule 1, part 1.2 (Prohibited Weapons Act 1996), amendment 1.14.

(5) Parts 1.21, 1.37 and 1.42 commence on the later of—

(a) the commencement of the ACT Civil and Administrative Tribunal Act 2008, section 6; and

(b) immediately after the commencement of the Medicines, Poisons and Therapeutic Goods Act 2008, section 6 (Objects).

(6) The Minister may determine a day for commencement of a provision of this Act, whether or not another day for commencement is set for the provision under this section or in a special commencement provision.

(7) A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(8) In this section:

special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.

An amendment followed by ‘(commencement: 1 July 2008)’ means that the amendment is taken to have commenced on 1 July 2008.

Note An example is part of the Act, 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).

This Act amends the legislation mentioned in schedule 1.

certifying authority, in relation to a non-disclosure certificate, means the entity that gives the certificate.

decision-maker, for a reviewable decision, means—

(a) the person who makes the decision; or

(b) if no-one is occupying the decision-maker’s position, or the position no longer exists—someone else declared by the tribunal to be the decision-maker for the decision.

Note A reference to the occupant of a position (however expressed) includes a reference to anyone for the time being occupying the position (see Legislation Act, s 185).

non-disclosure certificate means a certificate under section 22I.

reasons statement—see section 22B.

reviewable decision means a decision that may be reviewed by the tribunal.

(1) This section applies if—

(a) a decision-maker makes a reviewable decision; and

(b) within 28 days after the day the decision is made, a person (the applicant) who may apply for review of the decision asks the decision-maker in writing for a statement of reasons for the decision (a reasons statement).

Note The rules may prescribe a longer period for asking for a statement of reasons (see s 25 (1) (e) and (2)).

(2) The decision-maker must give the applicant a written reasons statement for the decision within 28 days after the day the applicant asks for the statement unless—

(a) the decision contains the matters that a reasons statement would contain; or

(b) a document that contains the matters that a reasons statement would contain has already been given to the applicant; or

(c) section 22E (Certain material not required to be disclosed) applies in relation to the decision.

Note The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.

(1) A person (the declaration applicant) to whom a reasons statement has been given may apply to the tribunal for a declaration under this section.

(2) If the tribunal considers that the information included in the reasons statement is not sufficient, the tribunal may declare that the statement is not sufficient.

1 insufficient particulars of findings on material questions of fact

2 insufficient reference to evidence or other material on which findings based

3 insufficient particulars of reasons for decision

Note An example is part of the Act, 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).

(3) The declaration must explain why the reasons statement is not sufficient.

(4) A copy of the declaration must be given to the declaration applicant and decision-maker.

(1) This section applies if the tribunal declares under section 22C that a reasons statement is insufficient.

(2) The decision-maker must, within 28 days after the day the tribunal makes the declaration, give the person who applied for the declaration an additional statement containing the information, evidence, material or anything else required to make the reasons statement sufficient.

(3) For this Act—

(a) the additional statement is taken to be part of the reasons statement; and

(b) the reasons statement is taken to have been given when the additional statement is given.

(1) This section applies if the Minister certifies in writing that the disclosure of a stated matter proposed to be included in a decision-maker’s reasons statement is not in the public interest—

(a) because it would involve the disclosure of deliberations or decisions of the Executive or an Executive committee; or

(b) for any other reason stated in the certificate that could form the basis for a claim by the Territory in a judicial proceeding that the matter should not be disclosed.

(2) The decision-maker—

(a) is not required to include the matter in the statement; and

(b) if the statement would be false or misleading if it did not include the matter—is not required to give the statement.

(3) The decision-maker must, within 28 days after the day the Minister makes the certificate, tell the applicant in writing—

(a) if the matter is not included in the reasons statement—that the matter is not included, and the reason for not including the matter; or

(b) if the statement is not given—that the statement will not be given, and the reason for not giving the statement.

(1) This section applies if—

(a) the Minister has given a certificate in relation to a reasons statement mentioned in section 22E (3) (a) about a decision; and

(b) the decision is the subject of an application for review to the tribunal.

(2) Division 4A.3 and division 4A.4 apply in relation to the certificate as if it were a non-disclosure certificate.

In this division:

prescribed reason, for the giving of a non-disclosure certificate, means a reason mentioned in section 22I in relation to the certifying authority, other than a reason stated in the certificate that could form the basis for a claim in a judicial proceeding that the information or matter should not be disclosed.

(1) This division excludes the operation of any rule of law that relates to the public interest and would otherwise apply in relation to the disclosure of information, or a matter stated in a document, in a proceeding before the tribunal.

(2) However, this division does not exclude the operation of the Human Rights Act 2004.

(1) The Minister may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest—

(a) because it would involve the disclosure of deliberations or decisions of the Executive or an Executive committee; or

(b) for any other reason stated in the certificate that could form the basis for a claim by the Territory in a judicial proceeding that the information or matter should not be disclosed.

(2) The Commonwealth Attorney-General may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest—

(a) because it would prejudice the security, defence or international relations of the Commonwealth; or

(b) because it would involve the disclosure of deliberations or decisions of the Commonwealth Cabinet or a Cabinet committee; or

(c) for any other reason stated in the certificate that could form the basis for a claim by the Commonwealth in a judicial proceeding that the information or matter should not be disclosed.

(3) The Attorney-General of a State or another Territory may certify in writing that the disclosure of information about a stated matter, or a matter stated in a document, is not in the public interest—

(a) because it would involve the disclosure of deliberations or decisions of the Cabinet or Executive, or a committee of the Cabinet or Executive, of the State or other Territory; or

(b) for any other reason stated in the certificate that could form the basis for a claim by the State or other Territory in a judicial proceeding that the information or matter should not be disclosed.

(1) This section applies if—

(a) a person (the relevant person) is required under this Act to—

(i) disclose information for a tribunal proceeding; or

(ii) produce a document to, or lodge a document with, the tribunal; and

(b) the information is, or the document states, a matter (the non-disclosable matter) to which a non-disclosure certificate relates.

(2) The relevant person must disclose the information, or produce or lodge the document, as required.

(3) However, the tribunal must do everything reasonably necessary to ensure that—

(a) the non-disclosable matter is not disclosed to anyone other than a tribunal member hearing the proceeding; and

(b) for a document produced to or lodged with the tribunal—the document is returned to the relevant person.

(4) This section does not prevent the disclosure of the non-disclosable matter to a member of the staff of the tribunal in the course of the exercise of the member’s functions as a staff member.

(5) This section is subject to section 22K and section 87 (Sending documents and things to Supreme Court).

(1) This section applies if—

(a) a certifying authority gives a non-disclosure certificate in relation to information or a matter; and

(b) the non-disclosure certificate does not include a prescribed reason for the giving of the certificate.

(2) The certifying authority is a party to the proceeding in which the information or matter is to be considered.

(3) The tribunal must decide whether the information or matter should be disclosed to a party to the proceeding.

(4) Before making the decision, the tribunal must consider the following:

(a) that the parties to a proceeding should be made aware of all relevant matters;

(b) any reason why the disclosure of the information or matter is not in the public interest that is stated in the non-disclosure certificate.

(5) If the tribunal decides that the information or matter should be disclosed, the tribunal must—

(a) give each party to the proceeding written notice of the decision; and

(b) make the information available or allow the part of the document stating the matter to be inspected.

(1) This section applies if a person (the asked person) is asked a question while giving evidence at a tribunal hearing.

(2) A certifying authority may tell the tribunal that, in the authority’s opinion, answering the question would not be in the public interest for a stated reason mentioned in section 22I (Non-disclosure certificates).

(3) The certifying authority is a party to the proceeding.

(4) The asked person is excused from answering the question unless—

(a) if the reason stated is, or the reasons stated include, a prescribed reason—the Supreme Court, on a reference under section 84 or an appeal under section 85, decides that it would not be against the public interest to answer the question; or

(b) in any other case—the tribunal decides that it would not be against the public interest to answer the question.

(5) If the tribunal decides that it would not be against the public interest to answer the question, the tribunal must give each party written notice of the decision.

A certifying authority may—

(a) appear before the tribunal personally, or may be represented before the tribunal by a lawyer or someone else, to tell the tribunal the authority’s opinion under section 22L; or

(b) tell the tribunal the authority’s opinion by giving the tribunal a signed certificate setting out the opinion.

(1) This section applies if—

(a) a person is required under this Act to—

(i) disclose information for a tribunal proceeding; or

(ii) produce a document to, or lodge a document with, the tribunal; and

(b) the information is, or the document states, a matter (the non-disclosable matter) to which a non-disclosure certificate relates; and

(c) a Supreme Court proceeding begins in relation to the tribunal proceeding.

Note This section also applies to a certificate in relation to a reasons statement mentioned in s 22E (3) (a) (see s 22F).

(2) The Supreme Court must do everything reasonably necessary to ensure that the non-disclosable matter is not disclosed to anyone other than a member of the court as constituted for the proceeding.

Note At the end of the Supreme Court proceeding, the court must return a document or thing that was sent to the court by the tribunal to the tribunal (see s 87).

(3) This section does not prevent the disclosure of the non-disclosable matter to a member of the staff of the court in the course of the exercise of the member’s functions as a staff member.

(4) In this section:

Supreme Court proceeding—see section 87.

(1) This section applies if—

(a) a certifying authority gives a non-disclosure certificate in relation to information or a matter; and

(b) the non-disclosure certificate does not include a prescribed reason for the giving of the certificate; and

(c) a question for decision by the Supreme Court is whether the information or matter should be disclosed to a party to the tribunal proceeding; and

(d) the court decides that the information or matter should be disclosed.

(2) The court must make the information available or allow the part of the document stating the matter to be inspected.

Note This section also applies to a certificate in relation to a reasons statement mentioned in s 22E (3) (a) (see s 22F).

(1) In an authorising law, a reference to a person whose interests are affected by a decision (however described) includes a reference to an unincorporated body, the Territory, the Commonwealth, a territory authority or Commonwealth authority.

(2) A body has interests that are affected by a decision if the decision relates to a matter included in the objects or purposes of the body.

(3) Subsection (2) does not apply in relation to a decision given before the body was formed or before the objects or purposes of the body included the matter.

(4) The tribunal may decide whether or not a person’s interests are affected by a decision, and the tribunal’s decision is conclusive.

(5) In this section:

Commonwealth authority means a body established under a Commonwealth law.

For this Act, each of the following is a question of law:

(a) the question whether information, or matter contained in a document, should be disclosed to the parties to a proceeding;

(b) the question whether the answering by a person of a question would be contrary to the public interest.

(g) to prescribe when the tribunal must make a person a party to a proceeding before the tribunal;

(h) to prescribe what happens if a decision that is the subject of an application for review to the tribunal is reconsidered.

(3A) The party to an application for an advisory opinion is the applicant.

(1) A lawyer or anyone else appearing before the tribunal for a party has the same protection and immunity as a barrister has in appearing for a party in a proceeding in the Supreme Court.

(2) A person appearing as a witness before the tribunal—

(a) has the same protection as a witness in a proceeding in the Supreme Court; and

(b) in addition to the penalties provided by this Act, is subject to the same liabilities as a witness in a proceeding in the Supreme Court.

(g) if a regulatory body may put conditions on the person’s licence or registration under an authorising law—direct the regulatory body to—

(i) put a condition on the person’s licence or registration; or

(ii) remove or amend a condition put on the person’s licence or registration;

(2A) If the ACAT cancels a person’s licence or registration, the ACAT may disqualify the person from applying for a licence or registration for a stated period or indefinitely.

(1) A person who makes a reviewable decision must take reasonable steps to give written notice (a reviewable decision notice) of the decision to any person whose interests are affected by the decision.

(2) Subsection (1) does not apply to a decision not to impose a liability, penalty or limitation on a person if the decision does not adversely affect the interests of another person.

(3) A regulation may prescribe—

(a) the time within which a reviewable decision notice must be given; and

(b) what a notice must or may contain; and

(c) any document or thing that must accompany a notice; and

(d) anything else in relation to a notice.

(4) A failure to comply with this section in relation to a reviewable decision does not affect the validity of the decision.

(5) In this section:

reviewable decision means a decision that, under an authorising law, is reviewable by the tribunal.

In this part:

commencement day means the day this Act, section 6 (Objects of Act) commences.

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act or the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008.

(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything else in this Act or another territory law.

This chapter is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

This part expires 1 year after the commencement day.

(1) This section applies if, immediately before the commencement day, an application relating to pre-commencement activity could have been made to a replaced entity.

(2) To remove any doubt, the ACAT may decide an application relating to the activity, whether or not an application was made to the replaced entity before the commencement day.

(3) In this section:

pre-commencement activity means an activity that happened before the commencement day that, if it had happened on or after the commencement day, would have been a ground for occupational discipline.

replaced entity means an entity that—

(a) immediately before the commencement day, could hear applications; and

(b) has ceased to exist; and

(c) 1 or more functions of which have been taken over by the ACAT.

In this division:

consumer and trader tribunal means the Consumer and Trader Tribunal established by the Consumer and Trader Tribunal Act 2003 (repealed).

pre-amendment Act means the Agents Act 2003, as in force at any time before the commencement day.

(1) This section applies if—

(a) the commissioner for fair trading applied to the consumer and trader tribunal for the tribunal to take disciplinary action against—

(i) an agent under the pre-amendment Act, section 42 (Commissioner may refer matter to tribunal—agents); or

(ii) a registered salesperson under that Act, section 66 (Commissioner may refer matter to tribunal—salespeople); and

(b) immediately before the commencement day, the consumer and trader tribunal had not begun hearing the application.

(2) The application is taken to be an application to the ACAT for an occupational discipline order against the agent or registered salesperson.

(1) This section applies if—

(a) the commissioner for fair trading applied to the consumer and trader tribunal for the tribunal to take disciplinary action against—

(i) an agent under the pre-amendment Act, section 42 (Commissioner may refer matter to tribunal—agents); or

(ii) a registered salesperson under that Act, section 66 (Commissioner may refer matter to tribunal—salespeople); and

(b) immediately before the commencement day, the consumer and trader tribunal had begun, but not finished, hearing the application.

(2) The Consumer and Trader Tribunal Act 2003 (repealed) continues to apply in relation to the application despite its repeal.

(1) This section applies to disciplinary action taken by the consumer and trader tribunal under the following provisions of the pre-amendment Act:

(a) section 43 (Disciplinary action tribunal may take—agents);

(b) section 67 (Disciplinary action tribunal may take—salespeople).

(2) The disciplinary action is taken to be an occupational discipline order made by the ACAT under—

(a) section 66 (Orders for occupational discipline); or

(b) the Agents Act 2003, section 43 (Occupational discipline orders—agents) or section 66 (Occupational discipline orders—salespeople).

(1) This section applies if—

(a) the commissioner for fair trading or a disqualified person applied to the consumer and trader tribunal under the pre-amendment Act, section 172 (1) (Review of disqualifications) for a review of a decision to disqualify the person from being licensed or registered; and

(b) immediately before the commencement day, the consumer and trader tribunal had begun hearing but not decided the application.

(2) To remove any doubt, the pre-amendment Act continues to apply for the purposes of deciding the application.

(3) To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

(1) This section applies if—

(a) the commissioner for fair trading or a disqualified person applied to the consumer and trader tribunal under the pre-amendment Act, section 172 (1) (Review of disqualifications) for a review of a decision to disqualify the person from being licensed or registered; and

(b) immediately before the commencement day, the consumer and trader tribunal had not begun hearing the application.

(2) The application is taken to be an application for review of a reviewable decision under the Agents Act 2003, section 168 (Review of reviewable decisions).

In this division:

pre-amendment Act means the Architects Act 2004, as in force at any time before the commencement day.

(1) This section applies if—

(a) a disciplinary notice was given to an architect under the pre-amendment Act, section 44 (Disciplinary notices); and

(b) immediately before the commencement day the architects board had not made a decision under that Act, section 45 about whether to take disciplinary action in relation to the architect.

(2) To remove any doubt, the pre-amendment Act continues to apply for the purposes of making the decision in relation to the disciplinary notice.

(3) To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

(1) This section applies if—

(a) a disciplinary notice is given to an architect under the pre-amendment Act, section 44 (Disciplinary notices); and

(b) the architects board has decided under that Act, section 45 (3) to take disciplinary action against the architect.

(2) The decision is taken to be an application to ACAT for an occupational discipline order in relation to the architect.

(1) This section applies to disciplinary action taken by the architects board under the pre-amendment Act, part 5 (Disciplinary matters).

(2) The disciplinary action is taken to be an occupational discipline order made by the ACAT under section 66 (Orders for occupational discipline).

(1) This section applies if—

(a) the architects board began an inquiry in relation to an architect under the pre-amendment Act, division 5.2 (Disciplinary inquiries); and

(b) immediately before the commencement day, had not finished the inquiry.

(2) To remove any doubt—

(a) the pre-amendment Act, division 5.2 continues to apply in relation to the inquiry for the purposes of finishing it; and

(b) this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

In this division:

pre-amendment Act means the Construction Occupations (Licensing) Act 2004, as in force at any time before the commencement day.

(1) This section applies if—

(a) a disciplinary notice is given to a licensee or former licensee under the pre-amendment Act, section 56 (Disciplinary notices); and

(b) the registrar has not made a decision under that Act, section 60 (Decision about disciplinary action) about whether to take disciplinary action in relation to the licensee or former licensee.

(2) To remove any doubt, the pre-amendment Act continues to apply for the purposes of making the decision in relation to the disciplinary notice.

(3) To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

(1) This section applies if—

(a) a disciplinary notice is given to a licensee or former licensee under the pre-amendment Act, section 56 (Disciplinary notices); and

(b) the registrar has decided under that Act, section 60 (3) to take disciplinary action against the licensee or former licensee.

(2) The decision is taken to be an application to ACAT under the Construction Occupations (Licensing) Act 2004, section 56 (Application to ACAT for occupational discipline) for an occupational discipline order in relation to the licensee or former licensee.

(1) This section applies to disciplinary action taken by the registrar under the pre-amendment Act, part 5 (Automatic licence suspension and disciplinary action).

(2) The disciplinary action is taken to be an occupational discipline order made by the ACAT under—

(a) section 66 (Orders for occupational discipline); or

(b) the Construction Occupations (Licensing) Act 2004, section 58 (Occupational discipline orders—licensees).

(1) This section applies if the registrar has begun an inquiry in relation to a licensee or former licensee under the pre-amendment Act, division 5.3 (Disciplinary inquiries) but has not finished the inquiry.

(2) To remove any doubt—

(a) the pre-amendment Act, division 5.3 continues to apply in relation to the inquiry for the purposes of finishing it; and

(b) this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

In this division:

pre-amendment Regulation means the Consumer Credit Regulation 1996, as in force at any time before the commencement day.

(1) This section applies if—

(a) a proceeding is transferred to the credit tribunal under the pre-amendment Regulation, section 4 (1) (Transfer of proceedings); and

(b) immediately before the commencement day, the credit tribunal has not finished hearing the proceeding.

(2) To remove any doubt—

(a) the pre-amendment Regulation continues to apply in relation to the proceeding for the purposes of finishing it; and

(b) this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

In this division:

pre-amendment Act means the Consumer Credit (Administration) Act 1996, as in force at any time before the commencement day.

(1) This section applies if—

(a) a notice to show cause is given to a credit provider under the pre-amendment Act, section 23 (1) (Notice to show cause); and

(b) the commissioner has not made a decision about whether to take disciplinary action under the pre-amendment Act, section 24 (1) (Disciplinary action) in relation to the credit provider.

(2) To remove any doubt, the pre-amendment Act, section 23 and section 24 continue to apply for the purposes of making a decision in relation to the disciplinary notice.

(3) To remove any doubt, this section is additional to, and does not limit, the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

(1) This section applies if—

(a) a notice to show cause is given to a credit provider under the pre-amendment Act, section 23 (1); and

(b) the registrar has decided under that Act, section 24 (1) to take disciplinary action against the credit provider.

(2) The decision is taken to be an application to ACAT under the Consumer Credit (Administration) Act 1996, section 21 (Application to ACAT for occupational discipline—credit provider) for an occupational discipline order in relation to the credit provider.

(1) This section applies to disciplinary action taken by the commissioner under the pre-amendment Act, section 24 (Disciplinary action).

(2) The disciplinary action is taken to be an occupational discipline order made by the ACAT under—

(a) section 66 (Orders for occupational discipline); or

(b) the Consumer Credit (Administration) Act 1996, section 22 (Orders for occupational discipline).

• body

• territory authority

certifying authority, in relation to a non-disclosure certificate, for part 4A (Administrative review)—see section 22A.

(c) an advisory opinion on a matter stated in an application; or

decision-maker, for a reviewable decision, for part 4A (Administrative review)—see section 22A.

non-disclosure certificate, for part 4A (Administrative review)—see section 22A.

prescribed person, for division 4A.3 (Tribunal hearings——non-disclosure)—see section 22G.

reasons statement, for part 4A (Administrative review)—see section 22B.

reviewable decision, for part 4A (Administrative review)—see section 22A.

reviewable decision notice—see section 67A.

(a) a decision to which the ACT Civil and Administrative Tribunal Act, section 22B (Requirement to give reasons statement) applies; or

A decision of the ACAT.

• ACAT

decision, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Note Failure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).

(1) Each of the following is a ground for occupational discipline in relation to an agent:

If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to an agent, the commissioner may apply to the ACAT for an occupational discipline order in relation to the agent.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an occupational discipline order, and s 66 sets out the occupational discipline orders the ACAT may make.

(1) This section applies if the ACAT makes an occupational discipline order to cancel or suspend an agent’s licence.

(2) The ACAT may cancel or suspend any other licence held by the agent.

Note Licence—see the dictionary.

Note Failure to do an act within the period set out is taken to be a decision not to do the act (see ACT Civil and Administrative Tribunal Act 2008, s 12).

(1) Each of the following is a ground for occupational discipline in relation to a registered salesperson:

If the commissioner for fair trading believes on reasonable grounds that a ground for occupational discipline exists in relation to a registered salesperson, the commissioner may apply to the ACAT for an occupational discipline order in relation to the salesperson.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an occupational discipline order, and s 66 sets out the occupational discipline orders the ACAT may make.

(1) This section applies if the ACAT makes an occupational discipline order to cancel or suspend a registered salesperson’s registration.

(2) The ACAT may cancel or suspend any other registration held by the registered salesperson.

Note Registration—see the dictionary.

(j) each occupational discipline order made by the ACAT;

(g) reimbursing the Territory for the cost of administering this Act and the ACT Civil and Administrative Act 2008.

In this part:

reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

(1) The following may apply to the ACAT for a review of a reviewable decision of a relevant person:

(a) an entity mentioned in schedule 1, column 4 in relation to the decision;

(b) any other person whose interests are affected by the decision.

(2) In this section:

relevant person means—

(a) for a reviewable decision mentioned in schedule 1, column 3, items 1 to 17—the commissioner for fair trading; or

(b) for a reviewable decision mentioned in schedule 1, column 3, item 18—the chief executive.

Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

(1) In a proceeding under this Act or the ACT Civil and Administrative Tribunal Act 2008, a certificate signed by the commissioner for fair trading stating any of the following matters is evidence of the matter stated:

• ACAT

• consumer and trader tribunal

• occupational discipline order

• reviewable decision notice

agent—

(a) means a person who carries on business as—

(i) a business agent; or

(ii) an employment agent; or

(iii) a real estate agent; or

(iv) a stock and station agent; or

(v) a travel agent; and

(b) for division 3.4 (Occupational discipline—agents)—see section 40.

ground for occupational discipline—

(a) for a licensed agent—see section 41; and

(b) for a registered salesperson—see section 65.

(a) means—

(i) a registered business salesperson; or

(ii) a registered real estate salesperson; or

(iii) a registered stock and station salesperson; and

(b) for division 4.4 (Occupational discipline—salespeople)—see section 64.

consumer and trader tribunal

ACAT

• section 27

• section 34 (2) (c)

• section 41 (1) (f)

• section 51

• section 58 (2) (c)

• section 65 (1) (e)

• section 172

Note An individual may be disqualified from applying for registration under the ACT Civil and Administrative Tribunal Act 2008, s 66 (2A).

Note The ACAT may also direct the registrar to place a condition on a person’s registration (see ACT Civil and Administrative Tribunal Act 2008, s 66 (2) (g) (i)).

(1) This section applies to an occupational discipline order in relation to a person.

(2) A matter included in the register in relation to the occupational discipline order may be open for public inspection under section 14 only if—

(a) the time for any appeal of the decision has ended and no application for appeal has been made; or

(b) an application for appeal has been made, the decision has been confirmed on appeal and the time for further appeal has ended.

Note An occupational discipline order is a decision of the ACAT that may be appealed under the ACT Civil and Administrative Tribunal Act 2008, pt 8.

disciplinary ground

ground for occupational discipline

(a) if the board is satisfied that a ground for occupational discipline exists in relation to the complaint—

(i) apply to the ACAT for occupational discipline in relation to the architect; and

(ii) tell the complainant in writing that the application has been made; or

disciplinary ground

ground for occupational discipline

In this part:

architect means—

(a) a registered architect; or

(b) a person who was, but is no longer, a registered architect.

(1) Each of the following is a ground for occupational discipline in relation to an architect:

(a) the architect has contravened, or is contravening, this Act;

(b) if a professional conduct code has been adopted under this Act—the architect has contravened, or is contravening, a requirement of the code;

(c) the architect has contravened, or is contravening, a condition of the architect’s registration;

(d) the architect has been convicted, or found guilty, of an offence against a corresponding law of a local jurisdiction;

Note Corresponding law—see the dictionary.

(e) the architect has been found guilty, in the ACT or elsewhere, of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for 1 year or more.

(2) A ground for occupational discipline applies to an architect who is no longer registered if the ground applied to the architect while registered.

If the architects board believes on reasonable grounds that a ground for occupational discipline exists in relation to an architect, the board may apply to the ACAT for an occupational discipline order in relation to the architect.

Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.

(1) This section applies if the ACAT is considering an application for occupational discipline in relation to an architect.

(2) Without limiting the matters the ACAT must consider in relation to the architect, the ACAT must consider the following:

(a) the degree of responsibility of the architect for the act or omission that made up the ground for occupational discipline;

(b) the extent to which it is necessary to discourage the architect and others from doing something, or not doing something, that made up the disciplinary ground;

(c) whether, and the extent to which, it is necessary to protect the public from the architect;

(d) the desirability of making the architect responsible for the consequences of the architect’s actions or omissions;

(e) the desirability of maintaining public confidence in the regulatory system set up by this Act.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.

(1) This section applies if the ACAT cancels or suspends an architect’s registration or disqualifies an architect from applying for registration.

(2) The architects board must give each local registering authority the following information about the architect:

(a) the name and any other identifying details of the architect;

(b) a short description of the ground for occupational discipline on which the occupational discipline order was based;

(c) whether the registration has been cancelled or suspended or the architect disqualified;

(d) if the registration has been suspended—the period of suspension;

(e) if the architect has been disqualified—the period of disqualification.

(3) This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a local registering authority.

(c) to consider whether it is necessary for occupational discipline to be used against registered architects, including former registered architects, and, if it is, to apply to the ACAT for occupational discipline orders;

In this part:

reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.

Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

The following may apply to the ACAT for a review of a reviewable decision:

(a) an entity mentioned in schedule 1, column 4 in relation to the decision;

(b) any other person whose interests are affected by the decision.

Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

• ACAT

• occupational discipline order

• reviewable decision notice

(b) for part 5 (Occupational discipline—architects)—see section 41.

ground for occupational discipline—see section 42.

reviewable decision, for part 9 (Notification and review of decisions)—see section 85.

occupational discipline

contravention, for occupational discipline against an architect, means what the architect did that caused occupational discipline to be taken.

disciplinary action

occupational discipline

2 a direction to comply with a mental health assessment or treatment order made by the ACAT

• ACAT

• mental health tribunal

administrative appeals tribunal

ACAT

In this part:

decision-maker, for a reviewable decision, means an entity prescribed by regulation.

reviewable decision means a decision prescribed by regulation.

A decision-maker for a reviewable decision must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision.

Note 1 The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

The following may apply to the ACAT for a review of a reviewable decision:

(a) an entity prescribed by regulation for the decision;

(b) any other person whose interests are affected by the decision.

Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

The ACAT must not, in relation to a proposed building, or a building as proposed to be altered, forming part of a development—

(a) vary a decision to issue a stop notice under section 53 (Stop notices) or a notice under section 58 (2) or (4) (Further notices relating to stop notices) or section 62 (1) (Notice to carry out building work), or substitute a decision for a decision it has set aside, in a way that would be contrary to a development approval for the development; or

(b) vary a decision to issue a notice under section 58 (4), or substitute a decision for a decision the ACAT has set aside, unless there is a development approval for the development.

administrative appeals tribunal

ACAT

• ACAT

• reviewable decision notice

decision-maker, for a reviewable decision, for part 9A (Notification and review of decisions)—see section 142A.

reviewable decision, for part 9A (Notification and review of decisions)—see section 142A.

AAT

ACAT

An entity mentioned in schedule 4, column 3 for a reviewable decision is prescribed.

A decision mentioned in schedule 4, column 2, under a provision mentioned in column 2 in relation to the decision is prescribed.

An entity (a relevant entity) mentioned in schedule 4, column 4 is prescribed.

• ACAT

ACAT mental health provision, in a care and protection order—see section 490.

(d) an ACAT mental health provision;

(iv) an ACAT mental health provision;

(c) an ACAT mental health provision;

(d) an ACAT mental health provision;

In this Act:

ACAT mental health provision, in a care and protection order, or an interim care and protection order, for a child or young person means a provision directing the child or young person to submit to the jurisdiction of the ACAT to allow the ACAT—

(a) to decide whether the child or young person has a mental illness or mental dysfunction; and

(b) if the ACAT decides that the child or young person has a mental illness or mental dysfunction—to make recommendations to the Childrens Court about how the child or young person should be dealt with.

(2) The order must contain a provision directing the child or young person to submit to the jurisdiction of the ACAT to allow the ACAT—

Note The Childrens Court must make an interim therapeutic protection order for a child or young person if an application for a therapeutic protection order for the child or young person has been made but not finally decided and the court suspects on reasonable grounds that the child or young person is suffering from a mental illness or mental dysfunction. The order must direct the child or young person to submit to the jurisdiction of the ACAT (see s 544).

In this division:

reviewable decision means a decision mentioned in table 838.1, 838.2 or 838.3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in table 838.1, 838.2 or 838.3, column 4 in relation to the decision.

Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

The following may apply to the ACAT for a review of a reviewable decision:

(a) an entity mentioned in a table in this part, column 4 in relation to the decision;

(b) any other person whose interests are affected by the decision.

Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

(commencement: on the later of—

(a) the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or

(b) immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)

(1) The ACAT must not make an interim order staying or otherwise affecting the operation or implementation of a decision under section 746 (3) (Childcare service licence—decision on application) to refuse to give a childcare service licence.

(commencement: on the later of—

(a) the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or

(b) immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)

(commencement: on the later of—

(a) the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or

(b) immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)

(e) for an order mentioned in the repealed Act, section 246 (3) (e)—a care and protection order with an ACAT mental health provision under this Act, section 463 (2) (d); and

Note Under s 246 (3) (e) a specific issues order may include an order that the child or young person submit to the jurisdiction of the ACAT for a decision whether the child or young person has a mental impairment.

(d) for an order mentioned in the repealed Act, section 255 (4) (d)—a care and protection order with an ACAT mental health provision under this Act, section 463 (2) (d); and

Note Under s 255 (4) (d) a final care and protection order may include an order that the child or young person submit to the jurisdiction of the ACAT for a decision whether the child or young person has a mental impairment.

(1) On application for review of a decision of the chief executive under the repealed Act, section 384 (Review of decisions), the ACAT must—

(a) if it proposes to vary the decision under review—vary it in a way that as far as possible is consistent with a power exercisable under this Act; and

(b) if it proposes to make a decision in substitution for the decision under review—make a decision that could be made by the chief executive under this Act.

(2) The ACAT may make any decision it considers appropriate to facilitate the application of subsection (1).

(commencement: on the later of—

(a) the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or

(b) immediately after the Children and Young People Act 2008, section 2 commences.)

• ACAT

• administrative appeals tribunal

• mental health tribunal

• reviewable decision notice

ACAT mental health provision—see section 490.

reviewable decision, for division 24.1.3 (ACAT review)—see section 838.

(commencement: on the later of—

(a) the day the ACT Civil and Administrative Tribunal Act 2008, section 6 (Objects of Act) commences; or

(b) immediately after the Children and Young People Act 2008, chapter 24 (Appeals and review) commences.)

(4) If an application for occupational discipline in relation to an applicant or nominee of an applicant has been made by the registrar under division 5.2 (Occupational discipline—licensees), the registrar need not decide whether to licence the applicant until the application has been dealt with by the ACAT, and any appeal or review arising from the occupational discipline, is finished.

(a) if the entity applied for review of the decision to authorise a licensee under this section within the period for review (the review period) of the decision allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or

(a) if the ordered entity applied for review of the decision within the period for review (the review period) of the decision to make the rectification order allowed under the ACT Civil and Administrative Tribunal Act 2008—the review is finally disposed of; or

(3) This section does not prevent an application for occupational discipline being made in relation to an authorised licensee in relation to an authorised action done by the licensee.

Note The suspension on a licence may be held over to a new licence if the suspended licence expires without being renewed (see s 63).

In this division:

licensee means a licensee or a former licensee.

(1) Each of the following is a ground for occupational discipline in relation to a licensee:

(a) the licensee, or a nominee or employee of the licensee, contravened, or is contravening, this Act or an operational Act (including a direction given to the licensee under an operational Act);

(b) the licensee, knowingly or recklessly, gave someone information in relation to a construction service provided, or to be provided, by the licensee that was false or misleading in a material particular;

(c) the licensee or a director, partner or nominee of the licensee, has been found guilty, whether in the Territory or anywhere else, of an offence that—

(i) involves fraud, dishonesty or violence; and

(ii) is punishable by imprisonment for at least 1 year;

(d) if the licensee is an individual—the licensee executes a personal insolvency agreement;

(e) if the licensee is a corporation—

(i) the licensee enters into a scheme of arrangement; or

(ii) a receiver, manager, receiver and manager or administrator is appointed over the licensee or any of its assets;

(f) if the licensee is a corporation or partnership—the licensee has, or had, no nominee;

(g) the licensee’s licence has been automatically suspended under division 5.1 (Automatic licence suspension) and the cause of the suspension still exists.

(2) In subsection (1) (a), a reference to a contravention of this Act or an operational Act includes a reference to the following:

(a) a contravention of the Criminal Code, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or an operational Act or otherwise in relation to this Act or an operational Act;

(b) a contravention of the Criminal Code in relation to a document given, or required to be given, under this Act or an operational Act;

(c) a contravention of the Criminal Code in relation to anything done, or not done, under this Act or an operational Act.

(3) A ground for occupational discipline applies to a former licensee if the ground applied to the former licensee while licensed.

(4) A regulation may prescribe a short description of a ground for occupational discipline under subsection (1) (a).

(1) If the registrar believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the registrar may apply to the ACAT for an occupational discipline order in relation to the licensee.

(2) If a regulation prescribes a short description of a ground for occupational discipline under section 55 (1) (a), the registrar may use the short description in the application.

(1) This section applies if the ACAT is considering an application for an occupational discipline order in relation to a licensee.

(2) Without limiting the matters the ACAT must consider in relation to a licensee, the ACAT must consider the following:

(a) the degree of responsibility of the licensee for the act or omission that made up the ground for occupational discipline;

(b) the number of people detrimentally affected by the doing of something, or not doing something, that made up the ground for occupational discipline;

(c) the extent to which it is necessary to discourage the licensee and others from doing something, or not doing something, that made up the ground for occupational discipline;

(d) whether, and the extent to which, it is necessary to protect the public from the licensee;

(e) the desirability of making the licensee responsible for the consequences of the licensee’s acts or omissions;

(f) the desirability of maintaining public confidence in the regulatory system set up by this Act;

(g) the licensee’s regard, or disregard, for public safety and protection of the environment when doing something, or not doing something, that made up the ground for occupational discipline.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.

(1) This section applies if the ACAT may make an occupational discipline order in relation to a licensee.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.

(2) In addition to any other occupational discipline order the ACAT may make, the ACAT may, if the licensee is licensed in more than 1 occupation class—

(a) cancel or suspend a single occupational class or each of the occupational classes; or

(b) direct the registrar to place a condition on or remove or amend a condition of a single occupational class or each of the occupational classes.

Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.

(1) This section applies if the registrar has applied to the ACAT for occupational discipline in relation to a licensee.

(2) The registrar may, by written notice given to the licensee, suspend (an interim suspension) a licensee’s licence.

Note For how documents may be served, see the Legislation Act, pt 19.5.

(3) However, the registrar may only suspend the licence under subsection (2) if the registrar—

(a) has taken into account the ground for occupational discipline; and

(b) believes on reasonable grounds that it is in the public interest to suspend the licence before the ACAT makes an occupational discipline order.

(4) An interim suspension may be for 2 weeks or less, but may be extended once for 1 week if the registrar is satisfied that it is in the public interest to extend the suspension.

Note An interim suspension must be recorded on the register (see s 110).

(1) This section applies if the registrar suspends a licence under section 59.

(2) The licence is suspended as soon as the licensee receives the notice of suspension.

(3) The suspension ends when the earlier of the following happens:

(a) the licensee receives a notice of revocation under section 61;

(b) the ACAT makes an occupational discipline order in relation to the licensee.

(1) This section applies if the registrar suspends a licence under section 59 (Interim licence suspension).

(2) The registrar may, at any time before the ACAT makes an occupational discipline order, revoke the suspension by written notice given to the licensee.

(3) If the registrar revokes the suspension of a licensee licensed as a builder, the registrar must notify in writing each entity notified of the suspension under section 62.

(1) This section applies if a licensee has a builders licence and 1 of the following applies:

(a) the registrar becomes aware that the licence has been automatically suspended under division 5.1;

(b) the registrar suspends the licence under section 59 (Interim licence suspension);

(c) a defined occupational discipline order is made in relation to the licensee.

(2) The registrar must notify each building certifier in writing about the action taken in relation to the licence as soon as practicable.

(3) The registrar must notify each building certifier in writing if—

(a) the registrar notified the building certifiers about the action; and

(b) the action, or the decision to take the action, is reversed, stayed, varied or set aside.

(4) In this section:

defined occupational discipline order means an occupational discipline order of a kind mentioned in—

(a) section 58 (2) (a); or

(b) the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (e), (f) or (g).

(1) This section applies if—

(a) a licence (the original licence) for a construction occupation or occupation class has been suspended for a period; and

(b) the original licence expires before the end of the suspension period without being renewed; and

(c) the licensee is issued with a licence (the new licence) in the same construction occupation or occupation class within 3 years after the day the original licence expired.

(2) The new licence is suspended for the remainder of the suspension period.

(1) This section applies if a person surrenders the person’s licence because the licence is suspended.

Note It is an offence not to surrender a licence that has been suspended or cancelled (see s 86).

(2) The registrar must return the licence to the person not later than the last day of the suspension.

(3) If the licence is varied during the suspension, the licence as varied must be returned.

(4) However, the registrar need not return the licence if the licence expires, or is cancelled, during the suspension.

In this part:

demerit ground for occupational discipline, in relation to a licensee—

(a) means a ground for occupational discipline in relation to the licensee for which the ACAT may make an occupational discipline order; but

(b) does not include a ground for occupational discipline if—

(i) the ground is a contravention of this Act or an operational Act; and

(ii) an infringement notice may be issued in relation to the contravention.

demerit points register means the register under section 91.

disciplinary incident, for a demerit ground for occupational discipline, means the circumstances that gave rise to the demerit ground for occupational discipline.

infringement notice—see the Magistrates Court Act 1930, section 117.

licensee, in relation to a demerit ground for occupational discipline, includes an entity that was licensed when the disciplinary incident for the demerit ground for occupational discipline happened.

demerit disciplinary ground

demerit ground for occupational discipline

(c) other action (disciplinary action) allowed to be taken under section 95 (2) (c).

(c) take any other action against the licensee that—

(i) the ACAT could take or direct the registrar to take; and

(ii) the registrar considers appropriate.

(b) to administer operational Acts;

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

(i) acting on complaints made about construction practitioners, including by applying to the ACAT for occupational discipline if appropriate; and

(a) has not applied for review of the decision to make the order within the period allowed under the ACT Civil and Administrative Tribunal Act 2008; or

(b) has applied for review of the decision but the ACAT has not set aside the rectification order.

section 57

section 59

(b) to help with investigations for the construction occupation if asked by the registrar;

(a) if satisfied that a ground for occupational discipline exists in relation to the complaint—

(i) apply to the ACAT for occupational discipline order in relation to the licensee; and

(ii) tell the complainant in writing that the application has been made; or

(b) if not satisfied that a ground for occupational discipline exists in relation to the complaint—

(i) tell the complainant in writing that the registrar will take no further action on the complaint; and

(ii) take no further action on the complaint; or

disciplinary ground

ground for occupational discipline

In this part:

reviewable decision means a decision prescribed by regulation.

If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision.

Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

The following may apply to the ACAT for a review of a reviewable decision:

(a) an entity prescribed by regulation for the decision;

(b) any other person whose interests are affected by the decision.

Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

(1) This section applies to a person who is, or has been—

(a) the registrar or a deputy registrar; or

(b) an advisory board member.

(Automatic licence suspension and disciplinary action)

(Automatic licence suspension and occupational discipline)

• ACAT

• occupational discipline order

• reviewable decision notice

ground for occupational discipline—see section 55.

(a) for division 5.2 (Occupational discipline—licensees)—see section 54; and

(b) for part 8 (Demerit points system)—see section 89.

occupational discipline means—

(a) something done by the ACAT by an occupational discipline order; or

(b) something done by the registrar in accordance with an occupational discipline order; or

(c) something done by the registrar under section 95.

reviewable decision, for part 11A (Notification and review of decisions)—see section 123A.

(h) details of any occupational discipline taken in relation to the licensee, if available;

(i) whether any occupational discipline is being taken in relation to the licensee.

disciplinary action

occupational discipline

A decision mentioned in schedule 4, column 3, under a provision mentioned in column 2 in relation to the decision is prescribed.

An entity mentioned in schedule 4, column 4 is prescribed.

(1) The short description for a demerit ground for occupational discipline that is a contravention of the Act or an operational Act mentioned in schedule 2, column 2 is the description mentioned in the item, column 3.

(2) The short description for a demerit ground for occupational discipline under the Act, section 55 (1) (other than paragraph (a)) that is mentioned in schedule 3, column 2 is the description mentioned in the item, column 3.

(3) The number of demerit points mentioned in schedule 2, column 4 or schedule 3, column 4 is prescribed in relation to a demerit disciplinary notice based on the demerit ground for occupational discipline mentioned in the item, column 2.

disciplinary action

occupational discipline

In section 9 (1) (h):

licensee includes a person registered under the repealed Act.

occupational discipline is taken to include action taken under the repealed Act, section 22 (6) (Procedure).

s 55 (1) (b)

(a) for the code, sections 34 (5), 36 (6) and (7), 44 (4), 47 (3), 77 (1), 79, 82 (b), 83 (1), 88, 89, 91 (1) (a), 92, 93, 98 and 162 (2) and any jurisdiction prescribed by regulation—only by the ACAT; or

(b) in any other case—either by the ACAT or any court.

credit tribunal

ACAT

• ACAT

(1) This section applies to a proceeding begun in a court if the subject matter of the proceeding is within the jurisdiction of the ACAT.

(2) On joint application by the parties to the proceeding, the court must order the application be removed to the ACAT.

(3) The court may order the application be removed to the ACAT on application by a party to the proceeding or on its own initiative.

(1) This section applies to a proceeding begun in the ACAT if the subject matter of the proceeding is within the jurisdiction of the Magistrates Court.

(2) On joint application by the parties to the proceeding, the ACAT must order the application be removed to the Magistrates Court.

(3) The ACAT may order the application be removed to the Magistrates Court on application by a party to the proceeding or on its own initiative.

Note Removal of applications from the ACAT to the Supreme Court is dealt with under the ACT Civil and Administrative Tribunal Act 2008, s 83.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘finance broker, for division 3.4 (Occupational discipline—finance brokers)—see section 50.’ means that the term ‘finance broker’ is defined in that section for division 3.4.

(2) If the commissioner has applied to the ACAT for occupational discipline in relation to the registered credit provider, the credit provider must not surrender the registration before the ACAT has decided the application.

In this division:

credit provider, in relation to an act or omission, means a registered person or a person who was registered at the time of the act or omission.

Anyone who believes on reasonable grounds that a ground for occupational discipline exists in relation to a credit provider may complain to the commissioner.

1 a member of the public

2 a user of a service

Note 1 Ground for occupational discipline—see s 20.

Note 2 An example is part of the Act, 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).

(1) A complaint must—

(a) be in writing; and

(b) be signed by the person (the complainant) making the complaint; and

(c) include the complainant’s name and address.

(2) However, the commissioner may accept a complaint for consideration even if it does not comply with subsection (1).

(3) If the commissioner accepts for consideration a complaint that is not in writing, the commissioner must require the complainant to put the complaint in writing unless there is a good reason for not doing so.

(1) A complainant may withdraw the complaint at any time by written notice to the commissioner.

(2) If the complainant withdraws the complaint, the commissioner—

(a) need not take further action on the complaint; and

(b) may take further action on the complaint if the commissioner considers it appropriate to do so; and

(c) need not report to the complainant under section 18H (Action after investigating complaint) on the results of taking the action.

(1) The commissioner may, at any time, require a complainant—

(a) to give the commissioner further information about the complaint; or

(b) to verify all or part of the complaint by statutory declaration.

(2) When making a requirement under this section, the commissioner must give the complainant a reasonable period of time to satisfy the requirement and may extend that period, whether before or after it ends.

(3) If the complainant does not comply with a requirement under subsection (1), the commissioner need not, but may, take further action in relation to the complaint.

The commissioner must take reasonable steps to investigate each complaint the commissioner accepts for consideration.

The commissioner must not take further action on a complaint if satisfied that—

(a) the complaint lacks substance; or

(b) the complaint is frivolous, vexatious or was not made genuinely; or

(c) the complaint has been adequately dealt with.

Note The commissioner may also take no further action on a complaint if the complainant has not complied with a requirement made under s 18E (see s 18E (3)).

(1) After investigating a complaint against a credit provider, the commissioner must—

(a) if satisfied on reasonable grounds that a ground for occupational discipline exists in relation to the complaint—

(i) apply to the ACAT for an occupational discipline order in relation to the credit provider; and

(ii) tell the complainant in writing that the application has been made; or

(b) if not satisfied that a ground for occupational discipline exists in relation to the complaint—

(i) tell the complainant in writing that the commissioner will not take further action on the complaint; and

(ii) not take further action on the complaint.

(2) Subsection (1) (b) (ii) does not prevent the commissioner from taking further action in relation to a complaint if the commissioner becomes satisfied that a ground for occupational discipline exists in relation to the complaint.

Note The commissioner need not notify the complainant under s (1) if the complainant has withdrawn the complaint (see s 18D).

In this division, to remove any doubt:

credit provider includes the following:

(a) an unregistered credit provider;

(b) a credit provider whose registration is suspended;

(c) a bank;

(d) an entity that pretends to be a credit provider.

Each of the following is a ground for occupational discipline in relation to a credit provider:

(a) the credit provider has provided consumer credit inefficiently, dishonestly or unfairly;

(b) the credit provider has provided false or misleading information to the commissioner in relation to an application for registration under this Act;

(c) the credit provider has contravened, or is contravening—

(i) the consumer credit legislation; or

(ii) an occupational discipline order; or

(iii) an undertaking under section 105;

(d) the credit provider has provided consumer credit while the credit provider’s registration was suspended or cancelled, or the credit provider was disqualified;

(e) if the credit provider was licensed or registered at any time under the Credit Act 1985—

(i) the credit provider provided false or misleading information in relation to an application for the licence or the registration; or

(ii) the credit provider breached a condition to which the licence or registration was subject.

If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a credit provider, the commissioner may apply to the ACAT for an occupational discipline order in relation to the credit provider.

(1) This section applies if the ACAT may make an occupational discipline order in relation to a credit provider.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.

(2) In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following orders for occupational discipline in relation to the credit provider:

(a) suspend the registration for a period not longer than 1 year;

(b) cancel the registration and disqualify the credit provider from obtaining registration as a credit provider or as a finance broker for a stated period;

(c) disqualify the credit provider, or a stated defined influential person in relation to the credit provider, from obtaining registration as a credit provider or as a finance broker for a stated period.

Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.

(1) This section applies if—

(a) a credit provider has been convicted of an offence; and

(b) the conduct giving rise to the offence forms, wholly or partly, a ground for occupational discipline against the credit provider.

(2) The credit provider is not liable to pay an amount ordered to be paid under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (h) in relation to the conduct.

(1) The ACAT may extend the time for complying with an ACAT order in relation to a credit provider.

(2) The extension may be made—

(a) before or after the end of the time for compliance given in the order; and

(b) on application by the credit provider or on the ACAT’s own initiative.

(1) The commissioner may make the inquiries about a credit provider for this division that the commissioner considers appropriate.

(2) The chief police officer must—

(a) make any reasonable inquiry about the credit provider asked for by the commissioner; and

(b) report the outcome of the inquiry to the commissioner.

(3) In this section:

credit provider includes—

(a) a defined influential person in relation to a credit provider; and

(b) an employee of a credit provider.

(1) This section applies to a credit provider if the credit provider is—

(a) an individual and—

(i) becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(ii) is convicted in the ACT or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or

(iii) has a mental incapacity that affects the exercise of the credit provider’s functions; or

(b) a body corporate and—

(i) is dissolved, is under administration, is being wound up or has ceased to carry on business; or

(ii) a receiver, or a receiver and manager, has been appointed under the Corporations Act in relation to any property of the body; or

(iii) has entered into a compromise or scheme of arrangement with its creditors.

(2) The commissioner may suspend the credit provider’s registration for a stated period or cancel the registration.

(3) If the commissioner cancels the registration of a credit provider, the commissioner must disqualify the credit provider from obtaining registration as a credit provider or finance broker for the period stated in the notice of cancellation under section 129.

(4) On application by the credit provider, the commissioner may—

(a) remove the credit provider’s suspension at any time before the expiry of the stated period of suspension; or

(b) revoke the credit provider’s disqualification at any time before the expiry of the stated period of disqualification.

A credit provider must comply with an order under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (d), (h) or (i) that applies to the credit provider.

Maximum penalty: 50 penalty units.

(1) This section applies if the ACAT directs the commissioner to place a condition on a credit provider’s registration, or to remove or amend a condition on a credit provider’s registration, under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (g).

(2) The credit provider must, on written notice from the commissioner and within 14 days after the date of the notice, return the certificate of registration to the commissioner to allow the commissioner—

(a) to place the condition on the registration; or

(b) to remove or amend the condition on the registration.

Maximum penalty: 10 penalty units.

If the ACAT suspends or cancels the registration of a credit provider, the credit provider must return the certificate of registration to the commissioner within 14 days after the date of suspension or cancellation.

Maximum penalty: 10 penalty units.

A person who is disqualified from obtaining registration as a credit provider by the ACAT must not exercise a function in relation to the direction, management or control of a business providing consumer credit or a finance broking business during the disqualification period.

Maximum penalty: 50 penalty units.

(a) a credit provider’s registration was or is suspended or cancelled under this part or by the ACAT; and

(6) In this section, to remove any doubt, a credit provider is a credit provider under section 19.

(a) as a credit provider under this part or by the ACAT; or

(b) as a finance broker under part 3 or by the ACAT.

(2) If the commissioner has applied to the ACAT for occupational discipline in relation to the registered finance broker, the finance broker must not surrender the registration before the ACAT has decided the application.

In this division:

finance broker, in relation to an act or omission, means a registered person or a person who was registered at the time of the act or omission.

Anyone who believes on reasonable grounds that a ground for occupational discipline exists in relation to a finance broker may complain to the commissioner.

1 a member of the public

2 a user of a service

Note 1 Ground for occupational discipline—see s 51.

Note 2 An example is part of the Act, 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).

(1) A complaint must—

(a) be in writing; and

(b) be signed by the person (the complainant) making the complaint; and

(c) include the complainant’s name and address.

(2) However, the commissioner may accept a complaint for consideration even if it does not comply with subsection (1).

(3) If the commissioner accepts for consideration a complaint that is not in writing, the commissioner must require the complainant to put the complaint in writing unless there is a good reason for not doing so.

(1) A complainant may withdraw the complaint at any time by written notice to the commissioner.

(2) If the complainant withdraws the complaint, the commissioner—

(a) need not take further action on the complaint; and

(b) may take further action on the complaint if the commissioner considers it appropriate to do so; and

(c) need not report to the complainant under section 49H (Action after investigating complaint) on the results of taking the action.

(1) The commissioner may, at any time, require a complainant—

(a) to give the commissioner further information about the complaint; or

(b) to verify all or part of the complaint by statutory declaration.

(2) When making a requirement under this section, the commissioner must give the complainant a reasonable period of time to satisfy the requirement and may extend that period, whether before or after it ends.

(3) If the complainant does not comply with a requirement under subsection (1), the commissioner need not, but may, take further action in relation to the complaint.

The commissioner must take reasonable steps to investigate each complaint the commissioner accepts for consideration.

The commissioner must not take further action on a complaint if satisfied that—

(a) the complaint lacks substance; or

(b) the complaint is frivolous, vexatious or was not made genuinely; or

(c) the complaint has been adequately dealt with.

Note The commissioner may also take no further action on a complaint if the complainant has not complied with a requirement made under s 49E (see s 49E (3)).

(1) After investigating a complaint against a finance broker, the commissioner must—

(a) if satisfied on reasonable grounds that a ground for occupational discipline exists in relation to the complaint—

(i) apply to the ACAT for an occupational discipline order in relation to the finance broker; and

(ii) tell the complainant in writing that the application has been made; or

(b) if not satisfied that a ground for occupational discipline exists in relation to the complaint—

(i) tell the complainant in writing that the commissioner will not take further action on the complaint; and

(ii) not take further action on the complaint.

(2) Subsection (1) (b) (ii) does not prevent the commissioner from taking further action in relation to a complaint if the commissioner becomes satisfied that a ground for occupational discipline exists in relation to the complaint.

Note The commissioner need not notify the complainant under s (1) if the complainant has withdrawn the complaint (see s 49D).

In this division, to remove any doubt:

finance broker includes the following:

(a) an unregistered finance broker;

(b) a finance broker whose registration is suspended;

(c) an entity exempted under section 29 (Exemption—particular entities) or section 30 (Exemption—finance broking in the course of another business);

(d) an entity that pretends to be a finance broker.

Each of the following is a ground for occupational discipline in relation to a finance broker:

(a) the finance broker has exercised the functions of a finance broker inefficiently, dishonestly or unfairly;

(b) the finance broker has provided false or misleading information to the commissioner in relation to an application for registration under this Act;

(c) the finance broker has contravened, or is contravening—

(i) the consumer credit legislation; or

(ii) an occupation discipline order; or

(iii) an undertaking under section 105;

(d) the finance broker has exercised the functions of a finance broker while the finance broker’s registration was suspended or cancelled, or while the finance broker was disqualified;

(e) if the finance broker was licensed at any time under the Credit Act 1985—

(i) the finance broker provided false or misleading information in relation to an application for the licence; or

(ii) the finance broker breached a condition to which the licence was subject.

If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a finance broker, the commissioner may apply to the ACAT for an occupational discipline order in relation to the finance broker.

(1) This section applies if the ACAT may make an occupational discipline order in relation to a finance broker.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.

(2) In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following occupational discipline orders in relation to the finance broker:

(a) suspend the registration for a period not longer than 1 year;

(b) cancel the registration and disqualify the finance broker from obtaining registration as a finance broker or as a credit provider for a stated period;

(c) disqualify the finance broker, or a stated defined influential person in relation to the finance broker, from obtaining registration as a finance broker or as a credit provider for a stated period.

Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.

(1) This section applies if—

(a) a finance broker has been convicted of an offence; and

(b) the conduct giving rise to the offence forms, wholly or partly, a ground for occupational discipline in relation to the finance broker.

(2) The finance broker is not liable to pay any amount ordered to be paid by the ACAT under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (h) in relation to the conduct.

(1) The ACAT may extend the time for complying with an ACAT order in relation to a finance broker.

(2) The extension may be made—

(a) before or after the end of the time for compliance given in the order; and

(b) on application by the finance broker or on the ACAT’s own initiative.

(1) The commissioner may make the inquiries about a finance broker for this division that the commissioner considers appropriate.

(2) The chief police officer must—

(a) make any reasonable inquiry about a credit provider asked for by the commissioner; and

(b) report on the outcome of the inquiry to the commissioner.

(3) In this section:

finance broker includes—

(a) a defined influential person in relation to a finance broker; and

(b) an employee of a finance broker.

(1) This section applies to a finance broker if the finance broker is—

(a) an individual and—

(i) becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(ii) is convicted in the ACT or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or

(iii) has a mental incapacity that affects the exercise of the credit provider’s functions; or

(b) a body corporate and—

(i) is dissolved, is under administration, is being wound up or has ceased to carry on business; or

(ii) if a receiver, or a receiver and manager, has been appointed under the Corporations Act in relation to any property of the body; or

(iii) has entered into a compromise or scheme of arrangement with its creditors.

(2) The commissioner may suspend the finance broker’s registration for a stated period or cancel the registration.

(3) If the commissioner cancels the registration of a finance broker, the commissioner must disqualify the finance broker from obtaining registration as a finance broker or credit provider for the period stated in the notice of cancellation under section 129.

(4) On application by the finance broker, the commissioner may—

(a) remove the finance broker’s suspension at any time before the expiry of the stated period of suspension; or

(b) revoke the finance broker’s disqualification at any time before the expiry of the stated period of disqualification.

A finance broker must comply with an order of the ACAT under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (d), (h) or (i).

Maximum penalty: 50 penalty units.

(1) This section applies if the ACAT directs the commissioner to place a condition on a finance broker’s registration, or to remove or amend a condition on a finance broker’s registration, under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (g).

(2) The finance broker must, on written notice from the commissioner and within 14 days after the date of the notice, return the certificate of registration to the commissioner to allow the commissioner to—

(a) place the condition on the registration; or

(b) remove or amend the condition on the registration.

Maximum penalty: 10 penalty units.

If the ACAT suspends or cancels the registration of a finance broker, the finance broker must return the certificate of registration to the commissioner within 14 days after the date of suspension or cancellation.

Maximum penalty: 10 penalty units.

A person who is disqualified from obtaining registration as a finance broker by order of the ACAT must not exercise any function in relation to the direction, management or control of a finance broking business or a business providing consumer credit during the disqualification period.

Maximum penalty: 50 penalty units.

(a) the registration of a finance broker was or is suspended or cancelled under this part or by the ACAT; and

(6) In this section, to remove any doubt, a finance broker is a finance broker under section 50.

(a) as a finance broker under this part or by the ACAT; or

(b) as a credit provider under part 2 or by the ACAT.

In this part:

inquirer—see section 100.

(1) The Executive may appoint 1 of the following entities (the inquirer) to inquire into matters about the provision of credit, or the consequences of the provision of credit:

(a) the commissioner;