Business Licensing Authority Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Business Licensing Authority Regulations 2013 S.R. No. 31/2013 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 2 5 Prescribed powers and functions which are not delegable 2 __________________ SCHEDULE—Powers and Functions of the Authority which May Not Be Delegated 3 ═══════════════ -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 31/2013 Business Licensing Authority Act 1998 Business Licensing Authority Regulations 2013 The Governor in Council makes the following Regulations: Dated: 13 March 2013 Responsible Minister: MICHAEL O'BRIEN Minister for Consumer Affairs MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe powers and functions of the Business Licensing Authority for the purposes of section 11(a) of the Business Licensing Authority Act 1998. 2 Authorising provision These Regulations are made under section 26 of the Business Licensing Authority Act 1998. 3 Commencement These Regulations come into operation on 18 March 2013. -- 2 of 6 -- S.R. No. 31/2013 Business Licensing Authority Regulations 2013 2 Authorised by the Chief Parliamentary Counsel 4 Definitions In these Regulations— licence has the same meaning as in section 3(1) of the Sex Work Act 1994; sex work service provider has the same meaning as in section 3(1) of the Sex Work Act 1994. 5 Prescribed powers and functions which are not delegable For the purposes of section 11(a) of the Business Licensing Authority Act 1998, the powers and functions of the Authority under the Sex Work Act 1994 in relation to a determination specified in column 3 of the Schedule made under a provision of the Sex Work Act 1994 specified in column 2 of the Schedule are prescribed powers and functions. __________________ r. 4 -- 3 of 6 -- S.R. No. 31/2013 Business Licensing Authority Regulations 2013 3 Authorised by the Chief Parliamentary Counsel SCHEDULE POWERS AND FUNCTIONS OF THE AUTHORITY WHICH MAY NOT BE DELEGATED Column 1 Column 2 Column 3 Item Section Determination 1 s. 33(4) To refuse to consider an application for a licence if applicant refuses to allow his or her fingerprints to be taken 2 s. 36A(4) To refuse to grant a licence where required further information not provided within a reasonable time 3 s. 36A(5) To postpone consideration of an application for a licence until such time as considered appropriate 4 s. 37(1) To refuse to grant a licence 5 s. 39(1) To grant an application for a licence 6 s. 39(2) To grant a licence subject to the conditions or restrictions set out in the licence 7 s. 40(1) To vary or revoke a condition or a restriction set out in a licence 8 s. 40(1) To impose a new condition or restriction on a licence 9 s. 40AA(1) To require a sex work service provider licensee to produce the licence for endorsement of or variation or revocation of a condition or restriction on the licence 10 s. 42A(4) To approve and permit a person to be in effective control of a business for a specified period 11 s. 46D(1) To require a licensee to answer any question or provide information relating to the business of the licensee as a sex work service provider Sch. -- 4 of 6 -- S.R. No. 31/2013 Business Licensing Authority Regulations 2013 4 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Section Determination 12 s. 47A(3) To grant permission to a person to continue to carry on the sex work service providing business of a person who was a licensed sex work service provider for longer than 30 days after the death/insolvency/incapacity of the licensee 13 s. 47A(4) To limit, and impose any conditions on, a permission to continue to carry on a sex work service providing business 14 s. 47A(5) To withdraw any permission to continue to carry on a sex work service providing business 15 s. 47A(5) To limit permission to continue to carry on a sex work service providing business 16 s. 47A(5) To impose, revoke or vary conditions on permission to continue to carry on a sex work service providing business 17 s. 50(2B) To refuse to consider an application for approval of a person as a manager of a sex work service providing business where applicant refuses to allow his or her fingerprints to be taken 18 s. 51(1) To refuse to approve a manager of a sex work service providing business or to renew such an approval 19 s. 52(1) To approve a person as a manager of a sex work service providing business 20 s. 52(1) To renew an approval of a person as a manager of a sex work service providing business 21 s. 52(1) To refuse to approve, or refuse to renew an approval of, a person as a manager of a sex work service providing business 22 s. 52(1A) To impose conditions or restrictions on an approval, or renewal of an approval, of a manager of a sex work service providing business Sch. -- 5 of 6 -- S.R. No. 31/2013 Business Licensing Authority Regulations 2013 5 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Section Determination 23 s. 52AA(1) To vary or revoke a condition or restriction on an approval of a manager of a sex work service providing business 24 s. 52AA(1) To impose a new condition or restriction on an approval, or renewal of an approval, of a manager of a sex work service providing business 25 s. 52AB(1) To require an approved manager to produce a certificate of approval for endorsement of, or variation or revocation of, a condition or restriction 26 s. 53B(1) To give permission to a manager of a sex work service providing business to manage a sex work service providing business despite insolvency 27 s. 53B(3) To refuse to give permission to a manager of a sex work service providing business to continue managing the business because of refusal or failure to provide requested information within a reasonable time 28 s. 53C(1) To impose any conditions on permission to be a manager of a sex work service providing business 29 s. 53C(4) To revoke permission to be manager of a sex work service providing business if satisfied that any condition on permission has been contravened or not complied with ═══════════════ Sch. -- 6 of 6 --