RED TAPE REDUCTION (MISCELLANOUS AMENDMENTS) BILL 2016

SERIAL No. 157

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR BUSINESS

EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the Bill is to amend various laws to reduce red tape.  
Red tape reduction is a key priority for the Northern Territory Government.  The Government’s Red Tape Reduction Strategy was released in July 2015.  

A key element of the Red Tape Reduction Strategy is Reducing Paperwork and the number of contacts clients need to make with Government.  This includes: 
·	review and simplify forms to the minimum necessary; 
·	move transactions online;
·	review and reduce reporting requirements to the minimum necessary; 
·	extend licence and permit terms from one year to five years; and
·	consolidate regulatory functions, including sharing information across agencies, collaboration on inspections, and audits and reporting requirements; and, centralising licensing and databases.

The Red Tape Reduction (Miscellaneous Amendments Bill) Bill 2016 provides for: 
·	an increase in the length of licence terms for property agents, commercial and private agents, tobacco retail licences, and auctioneers; 
·	an increase in the registration term for wholesalers of liquor;
·	an increase in the permit term for bore construction permits; and 
·	clarity for licence applicants as to lodgement of a police history check.   
NOTES ON CLAUSES
Part 1	Preliminary matters
Clause 1. 	Short title
This is a formal clause which provides for citation of the Bill. The Bill, when passed, will be cited as the Red Tape Reduction (Miscellaneous Amendments) Act 2016.
Clause 2. 	Commencement
This clause provides for the commencement of the amendment Act on the day fixed by the Administrator by Gazette notice.
Part 2	Amendment of Acts
Division 1	Agents Licensing Act
Clause 3	Act amended
This clause provides that this Division amends the Agents Licensing Act.
Clause 4.	Section 26 amended
Section 26 provides for licence applications by persons other than companies or firms.
Amendments inserted specify that an application must be in a form approved by the Board that specifies a licence period of 1 year, 3 years or 5 years.
Clause 5.	Section 27 amended
Section 27 provides for licence applications by companies or firms.
Amendments inserted specify that an application must be in a form approved by the Board that specifies a licence period of 1 year, 3 years or 5 years.
Clause 6	Section 29 amended 
Section 29 provides for the grant or refusal of licences by the Agents Licensing Board. Clause 6 provides for modernisation of the language by omitting “shall” and inserting “must”.  It also amends subsection 29(1)(a) to reflect the options of one, three or five year licence terms. 
Clause 7.	Section 31AA inserted 
Section 31 provides for the issue of licences and Section 31A provides for special endorsement for conveyancing agents.
Section 31AA is inserted to provide for notification of change of circumstances.  A person who holds a licence must, within 14 days after a change in circumstances relevant to the person’s licensing, notify the Board of the change.  
A penalty provision is inserted with a maximum penalty of 100 penalty units.  The level of penalty is based on penalties for offences that are of a similar level of seriousness.
Clause 8.	Section 32 amended
Section 32 provides for the duration and renewal of the licence.
Amended Sections 32(1) and (2) to omit the annual licence renewal date of 30 November and to provide that a licence remains in force for the licence period and the renewal of licence is amended to reflect the licence period of 1 year, 3 years or 5 years.  
Section 32(4) amended to reflect the possibility of either a one, three or five year licence period.  
Section 32(5)(a) amended to modernise language by removing “shall” and replacing with “does”.
Section 32(5)(b) amended to modernise language by removing “shall” and inserting “must”.
Division 2	Auctioneers Act
Clause 9.	Act amended
This clause provides that this Division amends the Auctioneers Act.
Clause 10.	Section 3 amended
Section 3 provides for Definitions under the Act. Clause 10 amends section 3 to insert a definition for “prescribed fee”. 
Clause 11.	Section 5 amended
Section 5 provides for Application for auctioneer's licence.
Section 5(2) is amended to provide for a licence period of either 1 year, 3 years or 5 years.
Section 5(3) is amended to provide for the prescribed fee for the licence period specified (1 year, 3 years or 5 years).  
Clause 12.	Section 6 amended 
Section 6 provides for the renewal of auctioneer's licence.
Section 6(2) is amended to provide for a licence period of either 1 year, 3 years or 5 years. It also provides for the prescribed fee for the licence period specified (1 year, 3 years or 5 years).
Clause 13.	Section 8D replaced
Section 8D provides for the period of an auctioneer's licence.
Section 8D is amended to replace a 30 June expiry date with the expiry date to be determined by the date of the grant of the licence.  
Clause 14.	Section 8HA inserted  
Section 8HA provides for notification of change of circumstance.  
The section provides that a person who holds a licence “must, within 14 days, after a change in a circumstance relevant to the person’s licensing, notify the Minister of a change.”  
Circumstances may include a change in the person’s name, address or place of business or the person is adjudicated to be bankrupt.
This section carries an offence with a maximum penalty of 0.8 penalty units.
Division 3	Commercial and Private Agents Licensing Act
Clause 15.	Act amended
This clause provides that this Division amends the Commercial and Private Agents Licensing Act.
Clause 16.	Section 3 amended

Section 3 provides for the interpretation of the Act. Section 3 is amended by removing the definition of “licence period”; and inserting a definition of “prescribed” as meaning “prescribed by regulation”.

Clause 17.	Section 7 amended 
Section 7 provides for an application for a licence to carry on business as a commercial agent, inquiry agent, private bailiff or process server.
Section 7(4)(ab) is inserted to specify that a licence period is 3 years or 5 years.
Clause 18.	Section 14 replaced
Section 14 provides for the term and renewal of a licence. Clause 18 replaces section 14 with a new section that reflects removal of the common expiry date for licences, and the introduction of options for licence terms of either 3 or 5 years.  
Clause 19. 	Section 16 amended
Section 16 provides for notification of the Commissioner’s decision about granting a licence. Section 16(1)(a) is amended to include “licence” after the word “prescribed” so that it reads “prescribed licence fee”.   
Clause 20.	Section 17A amended
Section 17A provides for the issue of a licence and payment of the licence fee.  
Sections 17A(1) and (2) are amended to include “licence” after the word “prescribed” so that it reads “prescribed licence fee”.
Clause 20 further amends section 17A to reflect the introduction of three and five year licence terms and the removal of common expiry dates and pro rata fee payments. 
Clause 21.	Section 17B amended
Section 17B provides for the duration of a licence. Clause 21 amends section 17B(a) to provide that a licence has effect until the end of the licence period specified in the licence.   
Clause 22.	Section 17D amended
Section 17D provides for the renewal of a licence. Section 17D(1) is amended to provide for an agent’s renewal of licence for a further licence period of 1 year, 3 years or 5 years. 
Clause 23. 	Part 9 inserted
After section 47 a new Part 9 Transitional matters for Red Tape Reduction (Miscellaneous Amendments) Act 2016 is inserted to the Commercial and Private Agents Licensing Act. 
It provides for how existing licences and applications on foot will be treated under the amendments to the Act. Existing licensees may apply for renewal of a licence for a term of 3 or 5 years in accordance with section 17D.   
Division 4	Liquor Act
Clause 24.	Act amended
This clause provides that this Division amends the Liquor Act.
Clause 25.	Section 113A amended
Section 113A deals with wholesaler of liquor registration.
Sections 113A(3) and (4) are amended to simplify language and provide for a specific registration period of 1 year, 3 years or 5 years.  
Section 113A(4A) retains the requirement to record in a register applicants of wholesalers and provides clarity that the registration period specified in the application has effect from the date the record is made in the register.
Division 5	Tobacco Control Act
Clause 26.	Act amended

This clause provides that this Division amends the Tobacco Control Act.
Clause 27.	Section 29 amended
Section 29 provides for the grant or refusal of a tobacco retailers licence.

Section 29(1)(b) is amended to specify a licence period of 1 year, 3 years or 5 years.  Section 29(2)(a) is amended to reflect 1, 3 or 5 year licence periods. 
Clause 28.	Section 32 amended
Section 32 provides for when a tobacco retailer’s licence is in force and when it ceases to be in force.

Section 32(1)(a) is amended by removing reference to a 12 month expiry period and inserting “the licence period” to reflect the possibility of either a 1 year, 3 year or 5 year licence period.

Division 6	Water Act
Clause 29.	Act amended
This clause provides that this Division amends the Water Act.
Clause 30.	Section 57 amended
Section 57 provides for the grant of a bore construction permit.
Section 57(3) is amended to provide for the amendment of a licence period to not exceeding two years.
Part 3	Amendment of Regulations
Division 1	Agents Licencing Regulations
Clause 31. 	Regulation amended
This clause provides that this Division amends the Agents Licensing Regulations.
Clause 32.	Regulation 3 amended
Regulation 3 provides for definitions under the Agents Licencing Regulations.
This clause amends Regulation 3 to omit the definition of “criminal history” as there will be no references made to “criminal history” following commencement.
Clause 33.	Regulation 6 amended
Regulation 6 provides for an application for a licence to carry on business as a real estate agent or business agent, or both, or as a conveyancing agent.
Amendments to Regulation 6 provide for applicants to  lodge a “national police certificate” as opposed to “documentation showing the Commissioner of Police has been given authority to release to the Board details of the individual’s criminal history.”
6(a)(iii) is amended to provide for “a national police certificate”.
6(b)(iii) is amended to provide for “a national police certificate” for each director mentioned in subparagraph (i).
6(c)(iii) is amended to provide for “a national police certificate” for each partner mentioned in subparagraph (i).
Clause 34.	Regulation 8 amended  
Regulation 8 provides for application for registration as an agent's representative.
Amendments to Regulation 8 provide for applicants to lodge a “national police certificate” as opposed to “documentation showing the Commissioner of Police has been given authority to release to the Board details of the individual’s criminal history.” 
8(b)(iii) is amended to provide for “a national police certificate”.
Clause 35.	Schedule 2 replaced
Schedule 2 has been revised to provide a new fee structure to accompany the introduction of licence periods of 1 year, 3 year or 5 years.  
Division 2	Commercial and Private Agents Licensing Regulations
Clause 36	Regulation amended
This clause provides that this Division amends the Commercial and Private Agents Licensing Regulations.
Clause 37	Regulation 13 replaced
Regulation 13 provides for licence fees. It is amended to provide for a 3 and 5 year licence period. 
Division 3 	Liquor Regulations
Clause 38.	Regulation amended
This clause provides that this Division amends the Liquor Regulations.
Clause 39.	Part 2B inserted
This clause inserts Part 2B Wholesaler of liquor registration to provide prescribed registration fees for a wholesaler liquor licence registration  for 1 year, or 3 years, or 5 years.
Division 4 	Tobacco Control Regulations
Clause 40.	Regulation amended
This clause provides that this Division amends the Tobacco Control Regulations.
Clause 41.	Regulation 25 amended
Regulation 25 provides for requirements relating to tobacco retail licences and the application for grant of licence conditions.
Amendment to regulation 25(1) provides for applicants to lodge a “national police certificate” as opposed to “documentation showing the Commissioner of Police has been given authority to release to the Board details of the individual’s criminal history.”
Amendment to regulation 25(2) provides clarity for the fee prescribed for a licence period of 1 year, 3 years or 5 years.
Clause 42.	Regulation 25A amended
Regulation 25A provides for the Application for renewal of licence.
Amendment to regulation 25A provides for applicants to lodge a “national police certificate” as opposed to “documentation showing the Commissioner of Police has been given authority to release to the Board details of the individual’s criminal history.” 
Regulation 25A is also amended to provide for fees for 1, 3 and 5 year licences.
Clause 43.	Regulation 26 amended
Regulation 26 provides for the application for approval to transfer a licence.
Amendment to regulation 26 provides for applicants to lodge a “national police certificate” as opposed to “documentation showing the Commissioner of Police has been given authority to release to the Board details of the individual’s criminal history.” 
Clause 44.	Part 10 inserted
A new Part 10 Transitional matter for Red Tape Reduction (Miscellaneous Amendments) Act 2016 is inserted.
The Part provides that, in relation to the application for the renewal of a tobacco retailer licence, the former provision applies if within 5 years preceding the making of the application, the Director-General had been provided with a criminal history report.   
Part 4	Expiry of Act
Clause 45.	Expiry 
This clause provides for expiry of the Act on the day after it commences.