Australian Capital Territory Numbered Acts

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HAWKERS ACT 2003 (NO. 10 OF 2003) - SECT 18

Decision on application for licence

    (1)     The chief executive must issue, or refuse to issue, the licence.

    (2)     In deciding whether to issue a licence, the chief executive must act in accordance with the objects of this Act.

    (3)     Without limiting subsection (2), the chief executive may also have regard to any of the following matters:

        (a)     whether the applicant has contravened this Act (whether or not the applicant has been convicted or found guilty of an offence for the contravention);

        (b)     if the applicant proposes to use other people to carry on business as a hawker for the applicant—whether the applicant can and will ensure that each other person will comply with this Act;

Note     A licensed hawker commits an offence if another person carries on business as a hawker for the licensee and contravenes the licence or does not display the licence, see s 12 (2) and s 13 (2).

        (c)     whether the applicant or anyone else who is concerned with, or takes part in, the applicant's management has been convicted or found guilty of an offence against any of the following provisions of the Crimes Act 1900 or a corresponding offence against the law of a State or another Territory:

              (i)     section 105 (Handling stolen property);

              (ii)     section 109 (Delivery of stolen property held by dealers).

    (4)     A licence is subject to the conditions (if any) stated in the licence.



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