Australian Capital Territory Numbered Acts

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HAWKERS ACT 2003 (NO. 10 OF 2003) - SECT 22

Amendment of licence—application by hawker

    (1)     A licensed hawker may apply in writing to the chief executive for the amendment of the licence.

Examples of amendments

1     to amend or revoke a condition to which the licence is subject

2     to change the locations where a person may carry on business as a hawker under the licence

Note 1     If a form is approved under s 46 (Approved forms) for an application, the form must be used.

Note 2     A fee may be determined under s 45 (Determination of fees) for this section.

Note 3     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).

    (2)     The chief executive may, by written notice given to the applicant, require the applicant to give the chief executive further stated information or a stated document that the chief executive reasonably needs to decide the application.

    (3)     If the applicant fails to comply with a requirement under subsection (2), the chief executive may refuse to consider the application further.

    (4)     The chief executive must amend the licence or refuse to amend the licence.

    (5)     In deciding whether to amend the licence the chief executive must have regard to the matters mentioned in section 18 (2) and (3) (Decision on application for licence).

    (6)     If the chief executive amends a licence under this section, the chief executive must give the licensee an amended licence for the remainder of the term of the licence amended.

Note     A licensee must return the licence for amendment if required, see s 26.

    (7)     An amendment has effect only if the amendment is stated in the licence to which the amendment relates.



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