Australian Capital Territory Numbered Acts

HAWKERS ACT 2003 (NO. 10 OF 2003) - SECT 31

    (1)     The Minister may, in writing, amend or revoke an exemption if—

        (a)     a circumstance determined under section 27 (Circumstances for exemption from s 14 (1)) no longer applies in relation to the exempt person; or

        (b)     the exempt person has committed an offence against this Act (whether or not the person has been convicted or found guilty of the offence).

Note     An exempt person commits an offence if another person carries on business as a hawker for the person and contravenes the exemption or does not display the exemption, see s 15 (2) and s 16 (3).

    (2)     If the Minister proposes to act under this section in relation to an exemption, the Minister must give the exempt person a written notice that—

        (a)     states the proposed action, including any proposed amendment of the exemption; and

        (b)     states the grounds for the proposed action; and

        (c)     tells the person that the person may, within 14 days beginning the day after the day the person receives the notice, give a written response to the Minister about the matters in the notice.

    (3)     In deciding whether to amend or revoke the exemption, the Minister must consider any response given to the Minister in accordance with subsection (2) (c).

    (4)     To remove any doubt, the amendment of an exemption under this section may include the imposition of a condition on the exemption and the amendment of a condition to which the exemption is subject.

    (5)     The Minister must give the exempt person written notice of the Minister's decision.

    (6)     The amendment or revocation of the exemption takes effect 14 days after the day when notice of the amendment or revocation is given to the exempt person or, if the notice states a later date of effect, that date.

    (7)     If the Minister amends an exemption under this section, the Minister must give the exempt person an amended exemption.