Part 2 Uniform licensing procedures
(1) This Part applies to licences arising under a legislative provision referred to in Schedule 1, subject to any modifications or limitations prescribed by or under the relevant licensing legislation.(2) A statutory rule that establishes, amends or repeals a licensing scheme may amend Schedule 1 so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.(3) In the event of an inconsistency between this Part (as applied to a licence arising under a legislative provision referred to in Schedule 1) and the relevant licensing legislation, the relevant licensing legislation prevails to the extent of the inconsistency.(4) This Part does not limit or otherwise affect the operation of:(a) the Mutual Recognition Act 1992 of the Commonwealth, or(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
In this Part:advertised application means an application referred to in section 15 (1).
application means any application referred to in Division 2.
continuing licence means a licence that is not a fixed-term licence.
discretionary condition, in relation to a licence, means a condition that the relevant licensing legislation authorises to be imposed on the licence, but does not include a condition:
(a) that the relevant licensing legislation or this Part imposes, or requires to be imposed, on the licence, or(b) that the relevant licensing legislation authorises to be imposed on the licence in consequence of any disciplinary proceedings against the licensee.electronic communication has the same meaning as it has in the Electronic Transactions Act 2000, but does not include communication by means of facsimile transmission.
fixed-term licence means a licence that, under the relevant licensing legislation, has effect for a fixed period or until a fixed date.
information technology requirements includes software requirements.
licence includes any permit, approval, certificate, exemption or other such authority, other than a certificate issued in connection with registration under Part 3.
licensing authority means the person or body that, under the relevant licensing legislation, is authorised to grant a licence.
licensing legislation means the Act or statutory rule under which a licence is granted.
objector, in relation to an advertised application, means a person who has made submissions with respect to the application under section 15.
principal officer, in relation to a licensing authority, means the person prescribed by or under the relevant licensing legislation as the principal officer of that authority for the purposes of this Part or, if no such person is prescribed:
(a) if the authority is a statutory body:(i) in the case of a body corporate that has no members, the person who manages the authority’s affairs, or(ii) in the case of a body constituted by one person, that person, or(iii) in the case of a body constituted by more than one person, the person entitled to preside at meetings of those persons, or(b) if the authority is the council of a local government area, the general manager of the council, or(c) if the authority is a public office, the holder of that office.processing fee, in relation to an application, means any fee prescribed by or under the relevant licensing legislation as a fee to cover:
(a) the costs incurred by the relevant licensing authority in processing the application, and(b) in the case of an advertised application, the costs incurred by the relevant licensing authority in advertising the application.registered particulars means such particulars with respect to a licence as are required by or under the relevant licensing legislation to be registered or recorded by the relevant licensing authority.
This Part binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
6 Applications for granting of licences
(1) An application for the granting of a licence may be made to the relevant licensing authority by any individual aged 18 years or more, by any partnership or other association whose members are all individuals aged 18 years or more or by any corporation.(2) If the relevant licensing legislation provides for the issuing of different classes of licence, the application must specify the class of licence sought by the applicant.(3) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
7 Applications for amendment of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be amended.(2) An application for the amendment of a licence may be made to the relevant licensing authority by the licensee at any time while the licence is in force.
8 Applications for transfer of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be transferred.(2) An application for the transfer of a licence may be made to the relevant licensing authority by the licensee, together with the proposed transferee, at any time while the licence is in force.(3) The proposed transferee may be any individual aged 18 years or more, any partnership or other association whose members are all individuals aged 18 years or more or any corporation.
9 Applications for renewal of licences
(1) An application for the renewal of a fixed-term licence may be made to the relevant licensing authority by the licensee:(a) in the case of a licence having a term of less than 3 months, at any time within 2 weeks before the licence expires, or(b) in the case of a licence having a term of 3 months or more up to 12 months, at any time within 4 weeks before the licence expires, or(c) in the case of a licence having a term of more than 12 months, at any time within 8 weeks before the licence expires.(2) If the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
10 Applications for restoration of licences
(1) An application for the restoration of a licence may be made to the relevant licensing authority by the licensee at any time after the licence expires or is cancelled.(2) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
11 Applications for replacement of licences
An application for the replacement of a licence may be made to the relevant licensing authority by the licensee if the licence is lost, damaged or destroyed.
12 Procedure for making applications
(1) An application may be made in writing or by means of electronic communication.(2) An application with respect to a partnership or other association may be made on its behalf by any duly authorised member or employee.(3) An application with respect to a corporation may be made on its behalf by any director or by any duly authorised employee.(4) If made in writing, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and(b) must be signed:(i) by the applicant, and(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and(c) must be lodged with, or sent to, the relevant licensing authority.(5) If made by means of electronic communication, an application:(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and(b) must be authenticated, as required by the relevant licensing authority:(i) by the applicant, and(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and(c) must be lodged with the relevant licensing authority in accordance with that authority’s information technology requirements for the receipt of electronic communications.(6) A single application may be made to the same licensing authority in relation to more than one licence.
(1) An applicant must make provision, as required by the relevant licensing authority, for paying any fees payable under the relevant licensing legislation in connection with the application.(2) In the case of an application made by means of electronic communication, any processing fee that is otherwise payable in respect of the application:(a) is to be reduced by $5, or(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,whichever results in the greater reduction.
Division 3 Determination of applications
14 Provision of further information and supporting evidence
(1) The relevant licensing authority may serve notice on an applicant requiring the applicant to provide:(a) such information further to the original information contained in the application, and(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,as the authority may require to enable it to deal with the application.Note. Part 4A makes special provision for photographic identification for some licences.(2) In particular, the relevant licensing authority may require an applicant to provide:(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant licensing authority may refuse the application without dealing with it any further.(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 22 but not to a right of review under section 23.
15 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant licensing legislation, is required to be advertised.(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales:(a) by the applicant, or(b) by the relevant licensing authority,as the relevant licensing legislation requires.(3) The notice must indicate:(a) that any person may make submissions to the relevant licensing authority with respect to the application, and(b) the procedure by which, and the date before which, any such submission must be lodged.(4) The date referred to in subsection (3) (b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
(1) An applicant may withdraw an application at any time before a licence is issued under section 20.(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 22.
17 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a licensing authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.(2) A licensing authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.(3) In calculating a period referred to in subsection (1), the following periods are to be excluded:(a) any period between:(i) the date on which a request for further information or supporting evidence is made under section 14, and(ii) the date on which that further information or supporting evidence is furnished,(b) any period between:(i) the date on which a notice is published under section 15 with respect to the application, and(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,(c) in the case of an application that the relevant licensing authority is required to refer to some other person or body for consideration, whether under the relevant licensing legislation or otherwise, any period (not exceeding 14 days) between:(i) the date on which the authority refers the application to that other person or body, and(ii) the date on which the authority receives a response to that reference from that other person or body,(d) in the case of an application with respect to a person whom the relevant licensing authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between:(i) the date on which the authority refers the applicant for assessment, and(ii) the date on which the authority obtains or receives the results of the assessment.
(1) A licensing authority may make either of the following decisions with respect to an application:(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant licensing legislation,(b) a decision to refuse the application.(2) Before making its decision with respect to an advertised application, the licensing authority must have regard to such submissions as have been made in accordance with section 15.
19 Notice of decision on applications
(1) A licensing authority must cause notice of its decision under section 18 on an application to be served on the applicant and (in the case of an advertised application to which any objection has been made) on each objector within 14 days after the decision is made.(2) If the decision is that the application is to be granted but the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued under section 20, the notice must indicate the amount of the fee to be paid.(3) As soon as practicable after an applicant or (in the case of an advertised application to which any objection has been made) an objector so requests, the relevant licensing authority must cause notice of the reasons for its decision to be served on the applicant or objector.(4) Subsection (3) does not apply to any decision in respect of which there is a right of review by the Administrative Decisions Tribunal under section 23.
(1) A licensing authority that grants an application must issue to the applicant an original or replacement licence, as the case requires.(2) The licence is to be issued:(a) if the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued, on payment of the fee, or(b) in any other case, when notice of the licensing authority’s decision is served on the applicant as referred to in section 19.(3) A licence:(a) must be in a form approved by the licensing authority, and(b) must include the following particulars:(i) a unique identifier,(ii) the name of the licensee,(iii) the kind of licence it is, whether by reference to the provision of the relevant licensing legislation or otherwise,(iv) the authority conferred by the licence and (in the case of a licence that is subject to discretionary conditions) a statement to that effect,(v) the date on which the licence comes into force and (in the case of a fixed-term licence) the date on which the licence expires, and(c) may include such other particulars as the licensing authority considers appropriate to include in the licence.(4) A licence may indicate the kind of licence it is, and the authority it confers, by reference to words, codes or symbols prescribed for that purpose by the relevant licensing legislation.(5) A single document may contain one or more licences together with one or more certificates of registration under Part 3.
(1) Subject to subsection (2), a licence comes into force:(a) on the date on which it is issued, or(b) on such other date (whether earlier or later) as is specified in the licence.(2) A renewed (but not a restored) licence comes into force on the date following the expiry date of the licence it renews.(3) A licence that comes into force before the date on which it is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant licensing legislation.(4) Unless sooner cancelled, a fixed-term licence remains in force for such period as is specified in the licence.(5) If an application for renewal of a licence is made before the date on which the licence would otherwise expire, the licence remains in force, for the purposes only of this Act and the relevant licensing legislation, until the date on which the applicant is notified of the relevant licensing authority’s decision on the application.(6) Subsection (5) does not affect any requirements (such as requirements as to insurance) that must be complied with by a licensee under the relevant licensing legislation.(7) Without limiting any other circumstances in which a licence may be cancelled, a licence is taken to be cancelled for the purposes of this section if the licensee surrenders the licence to the relevant licensing authority together with a notice to the effect that the licensee intends that the licence be cancelled.(8) Subject to subsection (7), nothing in this section authorises the suspension or cancellation of a licence.
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
(1) An applicant who is aggrieved by the relevant licensing authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant licensing legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant licensing legislation does not provide the applicant with such a right, to the Administrative Decisions Tribunal.(2) An objector who is aggrieved by the relevant licensing authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant licensing legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant licensing legislation does not provide the objector with such a right, to the Administrative Decisions Tribunal.(3) For the purposes of section 67 (2) (e) of the Administrative Decisions Tribunal Act 1997, the parties to proceedings before the Administrative Decisions Tribunal on a review arising under subsection (1) (b) or (2) (b) include, in the case of an advertised application in respect of which any objection has been duly made under section 15, any objector who, in accordance with rules of the Tribunal, gives notice to the Tribunal of the objector’s wish to become a party to the appeal.
Division 4 Administration of licensing schemes
24 Periodic updating of registered particulars
(1) It is a condition of a licence (whether fixed-term or continuing) that the licensee must notify the relevant licensing authority, within 14 days after the change, of any change that occurs in the licensee’s name, address or other registered particulars.(2) It is a condition of a continuing licence that the licensee must notify the relevant licensing authority, within 14 days after each anniversary of the date on which the licence was issued, that the licensee’s registered particulars have not changed since the more recent of the following:(a) the date on which the licence was issued,(b) the date on which the licensee last gave notice under this section.
25 Periodic administration fees for continuing licences
(1) It is a condition of a continuing licence that the licensee must, within 14 days after each anniversary of the date on which the licence was issued, pay to the relevant licensing authority a licence administration fee of an amount prescribed by or under the relevant licensing legislation.(2) If payment is made by means of electronic communication, the licence administration fee otherwise payable:(a) is to be reduced by $5, or(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,whichever results in the greater reduction.
(1) A certificate that is issued by a licensing authority and that states that, on a specified date or during a specified period:(a) a specified person was or was not a licensee under a specified licence or under a licence of a specified kind, or(b) a specified person’s licence was or was not in specified terms, or(c) a specified person’s licence was or was not subject to specified conditions, or(d) a specified person’s licence was or was not suspended or cancelled,is admissible in legal proceedings as evidence of the matters so stated.(2) This section is in addition to any provision of the relevant licensing legislation with respect to evidentiary certificates.
(1) Any notice that a licensing authority is authorised or required by this Part to serve on a person may be served:(a) in the case of an individual:(i) by delivering it personally to the individual, or(ii) by sending it by post, addressed to the individual at the address recorded in the register as the individual’s residential address, business address or address for service of notices, or(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the individual’s residential address or business address, or(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the individual at the address recorded in the register as the individual’s address for service of electronic communications or facsimile transmissions, in accordance with the individual’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions, or(b) in the case of a corporation:(i) by delivering it personally to a person concerned in the corporation’s management, or(ii) by sending it by post, addressed to the corporation at the address recorded in the register as the corporation’s business address or address for service of notices, or(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the corporation’s business address, or(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the corporation at the address recorded in the register as the corporation’s address for service of electronic communications or facsimile transmissions, in accordance with the corporation’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions.(2) In the case of joint applicants or joint licensees, any notice that under this Part is required to be served on an applicant or licensee is taken to have been served on all of them when it is served on any one of them.(3) This section does not affect any other Act or law with respect to the service of notices or other documents.
28 Applications sent by facsimile
(1) The facsimile copy of an application sent by facsimile transmission is taken to be in writing and has the same effect as the original and, for that purpose, a facsimile signature on the facsimile copy has the same effect as an original signature.(2) This section does not apply to any document that accompanies an application.
Any fee payable in connection with a licence or an application for a licence may be recovered by the relevant licensing authority as a debt in any court of competent jurisdiction.
30 Exercise of licensing authority’s functions
A licensing authority’s functions under this Part may be exercised on its behalf:(a) by the principal officer of the licensing authority, or(b) by such other person as the licensing authority may authorise in that regard.
31 Application of Electronic Transactions Act 2000
Subject to the provisions of the relevant licensing legislation:(a) any question as to the time and place of dispatch or receipt of an electronic communication made for the purposes of this Part is to be decided in accordance with section 13 of the Electronic Transactions Act 2000, and(b) any question as to whether the purported originator of an electronic communication made for the purposes of this Part is bound by that communication is to be decided in accordance with section 14 of the Electronic Transactions Act 2000.