Australian Capital Territory Numbered Acts

RED TAPE REDUCTION LEGISLATION AMENDMENT ACT 2015 (NO. 33 OF 2015) - SCHEDULE 3

Schedule 3     Other amendments

(see s 3)

Part 3.1     Legislation Regulation 2003

[3.1]     Section 7 (2), example

substitute

Example—par (a) (i)

an approved form with the heading ‘Application for disposal of a gaming machine'

Part 3.2     Nature Conservation Act 2014

[3.2]     Section 261 (2) (a) (vi)

omit

Part 3.3     Public Unleased Land Act 2013

[3.3]     New section 9A

in part 1, insert

9A     Meaning of carrying on business as a hawker

For this Act, a person carries on business as a hawker —

        (a)     if the person carries on an itinerant business selling—

              (i)     goods carried by the person, or by a vehicle used by the person; or

              (ii)     services provided by the person, or provided from a vehicle used by the person; or

        (b)     if the person sells goods or services for a person mentioned in paragraph (a).

[3.4]     Section 41 (1), new example

insert

8     a person carrying on business as a hawker sells goods from their van for more than 30 minutes

[3.5]     Section 43 (5)

substitute

    (5)     This section does not apply to a person—

        (a)     if the person carries on business as a hawker for not more than 30 minutes at a time in a single location; and

        (b)     if each location at which the person carries on business as a hawker is at least 180m away from commercial premises that sells similar goods or services to the goods or services available from the person carrying on business as a hawker.

[3.6]     Section 59 (2)

omit

2 years

substitute

3 years

[3.7]     New section 99A

in subdivision 4.3.1, insert

99A     Offence—hawkers obstructing or endangering public

    (1)     A person commits an offence if—

        (a)     the person uses public unleased land to carry on business as a hawker; and

        (b)     the person—

              (i)     hinders or obstructs the free movement of people or vehicles in public unleased land; or

              (ii)     endangers the safety of members of the public in public unleased land.

Maximum penalty: 30 penalty units.

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

[3.8]     New part 21

insert

Part 21     Transitional—Red Tape Reduction Legislation Amendment Act 2015

206     Meaning of commencement day —pt 21

In this part:

"commencement day" means the day the Red Tape Reduction Legislation Amendment Act 2015 , section 4 commences.

Note     The Red Tape Reduction Legislation Amendment Act 2015 , s 4 repeals the Hawkers Act 2003

.

207     Hawkers licence

    (1)     This section applies if, immediately before the commencement day, a person holds a licence under the Hawkers Act 2003

.

    (2)     The licence is, on the commencement day, taken to be a public unleased land permit—

        (a)     in the same terms as the licence; and

        (b)     subject to the same conditions as the licence.

    (3)     The public unleased land permit—

        (a)     is taken to expire on the day stated in the licence; and

        (b)     must not be transferred.

208     Expiry—pt 21

This part expires 3 years after the commencement day.

Note     Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).

Part 3.4     Workers Compensation Act 1951

[3.9]     Section 8 (3) (b)

omit

[3.10]     New section 155A

insert

155A     Employer must notify insurer of certain corrected information

    (1)     This section applies if an employer has provided an employer's estimate under section 155 to an insurer for a particular period.

    (2)     If the employer's estimate of total wages understates the correct amount by more than $500 000 for the period, the employer must tell the insurer that information provided in the employer's estimate is incorrect.

    (3)     The employer must—

        (a)     tell the insurer about the incorrect information mentioned in subsection (2)—

              (i)     in writing; and

              (ii)     within 30 days after the day the employer becomes aware of the incorrect information; and

        (b)     include in the written notice to the insurer details of the correct estimate of the amount of total wages for the particular period.

    (4)     The notice required under subsection (3) may be signed for the employer by any of the following:

        (a)     if the employer is a corporation—an officer of the corporation authorised to sign the statement;

        (b)     in any other case—an owner of the employer's business.

    (5)     A person commits an offence if the person—

        (a)     is an employer; and

        (b)     is required under this section to tell an insurer about incorrect information; and

        (c)     fails to tell the insurer about the incorrect information within 30 days after the day the employer becomes aware of the incorrect information.

Maximum penalty: 50 penalty units.

    (6)     An offence against subsection (5) is a strict liability offence.

[3.11]     Section 159

omit

[3.12]     Section 160 (3) (a)

substitute

        (a)     state the details given by the employer to the approved insurer under section 155 (Information for insurers on application for issue or renewal of policies); and

[3.13]     Section 160 (3) (c)

omit

not longer than 6 months

substitute

up to 12 months

[3.14]     Section 162 (3) (d)

omit

[3.15]     section 163 (1)

omit

              •     section 159 (Six-monthly information for insurers)

[3.16]     Section 190 (6), definition of related information , paragraph (f)

omit

[3.17]     Section 200A (1) (f)

omit

[3.18]     Section 202 (1)

omit

              •     section 159 (Six-monthly information for insurers)