Australian Capital Territory Numbered Acts

HAWKERS ACT 2003 (NO. 10 OF 2003) - SECT 16

    (1)     This section does not apply to a licensed hawker.

Note     A licensed hawker must display the licence, which must show 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 exemption is not displayed at the point of sale.

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 exemption (or a copy of the exemption) is not displayed at the point of sale.

Maximum penalty: 5 penalty units.

    (4)     An offence against this section is a strict liability offence.