Prohibition on carrying on of certain activities when interim control order or control order takes effect
27 Prohibition on carrying on of certain activities when interim control order or control order takes effect
Any authorisation to carry on a prescribed activity that is held by a controlled member of a declared organisation is automatically suspended on the taking effect of an interim control order in relation to the person.
The authorisation is suspended until the interim control order is confirmed (or confirmed with variations) by a control order or is revoked.
On confirmation of the interim control order by a control order, the authorisation is revoked.
A controlled member of a declared organisation is prohibited from applying for any authorisation to carry on a prescribed activity so long as an interim control order or control order in relation to the member is in force.
A suspension or revocation of an authorisation in accordance with this section is effected despite any other Act or any law, award or industrial or other agreement affecting the employment of the person holding the authorisation, and neither the Crown nor the authority that issues an authorisation incurs any liability because of such a suspension or revocation.
In this section—
authorisation includes the licensing, registration, approval, certification or any other form of authorisation of a person required by or under legislation for the carrying on of an occupation or activity.
occupation means an occupation, trade, profession or calling of any kind that may only be carried on by a person holding an authorisation.
prescribed activity means the following—
operating a casino within the meaning of the Casino Control Act 1992, or being a special employee within the meaning of Part 4 of that Act,
carrying on a security activity within the meaning of the Security Industry Act 1997,
carrying on the business of a pawnbroker within the meaning of the Pawnbrokers and Second-hand Dealers Act 1996,
carrying out commercial agent activities within the meaning of Part 5 (Regulation of commercial agents) of the Fair Trading Act 1987,
possessing or using a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996 or carrying on business as a firearms dealer within the meaning of that Act,
operating a tow truck within the meaning of the Tow Truck Industry Act 1998,
carrying on business as a motor dealer, motor vehicle repairer or motor vehicle recycler within the meaning of the Motor Dealers and Repairers Act 2013,
(Repealed)
selling or supplying liquor within the meaning of the Liquor Act 2007,
carrying on the business of a bookmaker within the meaning of the Racing Administration Act 1998,
carrying on a body art tattooing business or performing body art tattooing procedures within the meaning of the Tattoo Industry Act 2012,
carrying out the activities of an owner, trainer, jockey, stablehand, bookmaker, bookmaker’s clerk or another person associated with racing who is required to be registered or licensed under the Thoroughbred Racing Act 1996,
carrying out the activities of an owner, trainer or other person associated with greyhound or harness racing who is required to be registered under the Greyhound Racing Act 2017 or the Harness Racing Act 2009,
acting as a combatant, industry participant or promoter within the meaning of the Combat Sports Act 2013,
any other activity prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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