Australian Capital Territory Numbered Acts

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TRADERS (LICENSING) ACT 2016 (NO. 46 OF 2016) - SECT 17

Eligibility of entity

    (1)     A regulation may provide eligibility requirements for an entity to be licensed as a trader, including the qualifications the entity must have to be licensed.

    (2)     A regulation may provide for how an entity may, or must, show that the entity satisfies an eligibility requirement.

Note     Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

    (3)     The Minister may declare that a class of corporation is only eligible to hold a licence if a stated number or percentage of individuals carrying out a licensed activity for the corporation hold individual licences to carry out the activity.

    (4)     The Minister may only make a declaration if satisfied on reasonable grounds the declaration is in the public interest.

    (5)     A declaration is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.



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