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OCCUPATIONAL LICENSING NATIONAL LAW ACT 2010 (NO. 66 OF 2010)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
PART 2--ADOPTION OF NATIONAL LAW
4. Adoption of Occupational Licensing National Law
5. Exclusion of legislation of this jurisdiction
6. Relevant tribunal or court
7. Parliamentary scrutiny of national regulations
PART 3--MISCELLANEOUS
8. Regulations dealing with transitional matters
9. Offence for individual to carry out prescribed work unless licensed or exempt
10. Offence for body corporate or partnership to enter into contract for prescribed work unless licensed or exempt
11. Offence to advertise or offer to do prescribed work unless licensed or exempt
12. Offence to hold out unlicensed person as being licensed
13. Injunction stopping person from engaging in conduct in contravention of Law or national regulations
14. Licensee must not lend or otherwise allow use of licence by another person
15. Who may apply for a licence
16. Application for licence
17. Licensing Authority may require further information or document
18. Eligibility for licence
19. Personal probity
20. Financial probity
21. Excluded person
22. Decision about application
23. Notice of decision to be given to applicant
24. Failure to decide application
25. Form of licence
26. Period of licence
27. Conditions
28. Change in details or circumstances
29. Return of licence
30. Licence not transferrable
31. Application for renewal of licence
32. Licensing Authority may require further information or document
33. Eligibility for renewal of licence
--Divisions 3 and 4 apply to the renewal of a licence, with any changes prescribed by the national regulations, as if the application for the renewal of the licence were an application for the grant of a licence.
34. Licence continues in force until application decided
35. Application for restoration of licence
36. Licensing Authority may require further information or document
37. Eligibility for restoration of licence
--Divisions 3 and 4 apply to the restoration of a licence, with any changes prescribed by the national regulations, as if the application for the restoration of the licence were an application for the grant of a licence.
38. Licence continues in force until application decided
39. Period of restored licence
40. Application for variation of licence
41. Eligibility for variation of licence
--Divisions 3 and 4 apply to the variation of a licence, with any changes prescribed by the national regulations, as if the application for the variation of the licence were an application for the grant of a licence.
42. Varying licence on Licensing Authority's initiative
43. Surrender of licence
44. Revocation of licence
45. Replacement of licence
46. Part applicable to former licensees
47. Meaning of disciplinary action
48. Grounds for disciplinary action
49. Grounds for immediate suspension
50. Immediate suspension of licence
51. Application of Division
52. Show cause notice
53. Representations about show cause notice
54. Decision about whether to take disciplinary action
55. Ending show cause process without further action
56. Taking disciplinary action after show cause notice
57. Application of Division
58. Application to relevant tribunal or court
59. Decision by relevant tribunal or court
60. Licensing Authority to give effect to decision of relevant tribunal or court
61. Powers of authorised officers
62. Offence for failing to produce information or attend before authorised officer
63. Power to require licensee to produce documents
64. Inspection of documents
65. Entering places
66. Application for warrant
67. Issue of warrant
68. Application by electronic communication
69. Procedure before entry under warrant
70. Powers after entering places
71. Offences for failing to comply with requirement under section 70
72. Division applies only to certain licensed occupations
73. Power to stop and search vehicles
74. Seizing evidence at place entered with consent or warrant
75. Seizing evidence from other places
76. Securing evidence
77. Tampering with seized things
78. Receipt for seized things
79. Forfeiture of seized thing
80. Dealing with forfeited things
81. Return of seized things
82. Access to seized things
83. Compensation
84. False or misleading information
85. False or misleading documents
86. Obstructing authorised officers
87. Impersonation of authorised officers
88. Definitions
89. Applying for internal review
90. Internal review
91. Review decision
92. Notice of review decision
93. Appellable decisions
94. Proceedings and decision
95. Functions of Ministerial Council
96. Directions
97. Establishment of Licensing Authority
98. General powers of Licensing Authority
99. Functions of Licensing Authority
100. Consultation
101. Directions
102. Delegation
103. National Occupational Licensing Board
104. Functions of Licensing Board
105. Terms of office of members
106. Remuneration
107. Vacancy in office of member
108. Vacancies to be advertised
109. Extension of term of office during vacancy in membership
110. Members to act in public interest
111. Disclosure of conflict of interest
112. General procedure
113. Quorum
114. Chief executive officer may attend meetings
115. Presiding member
116. Voting
117. First meeting
118. Defects in appointment of members
119. Chief executive officer
120. Functions of chief executive officer
121. Staff
122. Staff seconded to Licensing Authority
123. Powers of authorised officers
124. Functions of authorised officer
125. Appointment of authorised officers
126. Appointment conditions and limits on powers
127. Identity card
128. Production and display of identity card
129. When authorised officer ceases to hold office
130. Resignation
131. Return of identity card
132. Establishment of Advisory Committee
133. Function of Advisory Committee
134. Membership and procedures of Advisory Committee
135. Application of Commonwealth Privacy Act
136. Definition
137. Application of Commonwealth FOI Act
138. Duty of confidentiality
139. Disclosure to jurisdictional regulators and other Commonwealth, State and Territory entities
140. National Registers and records
141. Application of Commonwealth Archives Act
142. National Occupational Licensing Authority Fund
143. Payments into Authority Fund
144. Payments out of Authority Fund
145. Investment by Licensing Authority
146. Financial management duties of Licensing Authority
147. Annual report
148. Strategic and operational plans
149. General duties of persons exercising functions under this Law
150. Application of Commonwealth Ombudsman Act
151. Protection from personal liability for persons exercising functions
152. Limitation on time for starting proceedings
153. Evidentiary certificates
154. Approved forms
155. Extrinsic materials
156. References to laws includes references to instruments made under laws
157. Service of documents
158. Service by post
159. Review of Law
160. National regulations
161. Regulations about licensing, registration and accreditation of persons carrying out licensed occupations
162. Inclusion of new occupations in national regulations
163. Publication of national regulations
164. Parliamentary scrutiny of national regulations
165. Effect of disallowance of national regulation
ENDNOTES
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