1Purpose
The main purpose of this Act is to establish and provide for the operation of the Business Licensing Authority.
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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to establish and provide for the operation of the Business Licensing Authority.
This Part comes into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.
In this Act—
Authority means the Business Licensing Authority established under Part 2;
S. 3 def. of business licensing Act amended by Nos 69/2006 s. 220, 75/2006 s. 192(Sch. 2 item 1), 11/2010 s. 37, 63/2010 s. 81(Sch. item 1.1), 63/2010 s. 11(1), 16/2014 s. 9, 26/2016 s. 85, 26/2019 s. 108, 7/2022 s. 56.
business licensing Act means—
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the Conveyancers Act 2006; or
the Professional Engineers Registration Act 2019; or
the Estate Agents Act 1980; or
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the Motor Car Traders Act 1986; or
the Owners Corporations Act 2006; or
the Rooming House Operators Act 2016; or
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the Second-Hand Dealers and Pawnbrokers Act 1989;
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Deputy Registrar means a Deputy Registrar of the Authority;
S. 3 def. of Director substituted by No. 17/1999 s. 23, amended by No. 21/2012 s. 239(Sch. 6 item 7).
Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
S. 3 def. of personal information inserted by No. 8/2003 s. 84, amended by No. 60/2014 s. 140(Sch. 3 item 4).
personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;
Registrar means the Registrar of the Authority;
Tribunal means Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998.
Part 2—Business Licensing Authority
There is established a Business Licensing Authority.
The Authority—
is a body corporate with perpetual succession;
shall have a common seal;
may acquire, hold and dispose of real and personal property;
may sue and be sued in its corporate name;
may do and suffer all acts and things that a body corporate may by law do and suffer.
The common seal of the Authority must be kept in the custody that the Authority directs and must not be used except as authorised by the Authority.
All courts must take judicial notice of the common seal of the Authority on a document and must presume that it was properly sealed.
S. 5(1) substituted by No. 92/2004 s. 38(1).
The Authority is constituted by—
a Chairperson, and a Deputy Chairperson, appointed by the Governor in Council; and
S. 5(1)(b) repealed by No. 63/2010 s. 73(1), new s. 5(1)(b) inserted by No. 26/2019 s. 109.
at least one person appointed by the Governor in Council who has qualifications and experience in the field of engineering; and
any other person appointed by the Governor in Council as a member of the Authority.
S. 5(2) amended by Nos 18/2005 s. 18(Sch. 1 item 11), 92/2004 s. 38(2), 17/2024 s. 8(1).
A person is not eligible for appointment as a member under subsection (1)(a) or (1)(c) unless the person is an Australian lawyer (within the meaning of the Legal Profession Act 2004) of not less than 5 years standing.
S. 5(3) repealed by No. 92/2004 s. 38(3).
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The Schedule applies to the members of the Authority.
S. 5(5) inserted by No. 92/2004 s. 38(4), substituted by No. 63/2010 s. 73(2).
Despite the alteration made to the constitution of the Authority by section 73 of the Consumer Affairs Legislation Amendment (Reform) Act 2010, the Authority is taken to be the same body after the commencement of that section as it was before that commencement.
S. 5(6) inserted by No. 92/2004 s. 38(4), repealed by No. 63/2010 s. 73(2).
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The functions of the Authority are—
to administer the licensing and registration provisions of—
S. 6(a)(i) repealed by No. 11/2010 s. 38, new s. 6(a)(i) inserted by No. 26/2019 s. 110.
the Professional Engineers Registration Act 2019;
the Estate Agents Act 1980;
S. 6(a)(iii) repealed by No. 63/2010 s. 11(2).
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the Motor Car Traders Act 1986;
S. 6(a)(iva) inserted by No. 6/2008 s. 36.
the Owners Corporations Act 2006;
S. 6(a)(v) amended by No. 63/2010 s. 81(Sch. item 1.2), repealed by No. 7/2022 s. 57.
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S. 6(a)(vi) amended by No. 16/2014 s. 10(a).
the Second-Hand Dealers and Pawnbrokers Act 1989; and
S. 6(a)(vii) repealed by No. 16/2014 s. 10(b).
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to carry out any other functions conferred on it by this or any other Act.
The Authority has power to do anything that is necessary or convenient to be done for or in connection with the carrying out of its functions.
Without limiting subsection (1), the Authority may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.
Without limiting subsection (1), the Authority, in carrying out its functions, may seek advice and information on any matter from any person or body or source it thinks fit.
The Authority may engage persons with suitable qualifications and experience as consultants.
An engagement under subsection (1) may be on any terms and conditions the Authority considers appropriate.
S. 8(3) inserted by No. 26/2019 s. 111.
The Business Licensing Authority may engage the Chief Engineer of the Office of Projects Victoria under this section to provide advice in relation to the Business Licensing Authority's functions and duties under the Professional Engineers Registration Act 2019.
Subject to any direction of the Chairperson of the Authority, the functions and powers of the Authority may be carried out or exercised by any member of the Authority.
Subject to this Act and to any business licensing Act, the procedure of the Authority is in its discretion.
S. 11 amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch 3 item 22.1).
Subject to this Act and to any business licensing Act, the Authority may by instrument delegate to the Registrar, the Deputy Registrar, any person employed under Part 3 of the Public Administration Act 2004 or any person referred to in section 7(2) any of its powers and functions under this Act or a business licensing Act except—
S. 11(a) substituted by Nos 8/2003 s. 85, 56/2012 s. 24.
a prescribed power or function; and
S. 11(b) substituted by No. 8/2003 s. 85.
this delegation power.
The Director must take such action (if any) as is necessary to give effect to a decision of the Authority under a business licensing Act.
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