New South Wales Repealed Acts

This legislation has been repealed.

OCCUPATIONAL LICENSING NATIONAL LAW (NSW) - SECT 160

160 National regulations

(1) The Ministerial Council may make regulations for the purposes of this Law.

(2) The regulations may provide for the following--

(a) the occupations to which this Law is to apply;

(b) the licensing of persons carrying out licensed occupations;

(c) other matters relating to licences including--

(i) applications for licences; and

(ii) the requirements to be satisfied by persons to be eligible for a licence or to continue to hold a licence; and

(iii) the granting of licences; and

(iv) the renewal, variation or surrender of licences;

(d) fees under this Law including--

(i) the fees to be paid for applications made under this Law for licences or the renewal or variation of a licence; and

(ii) the refunding of fees; and

(iii) the waiver of fees; and

(iv) late fees and fees for dishonoured payments;

(e) arrangements for the publication of fees prescribed under Acts of participating jurisdictions that relate to licensees or licensed occupations;

(f) the conduct of licensees, including the making and adoption of codes of practice applicable to licensees;

(g) matters relating to compliance with and enforcement of this Law and the regulations, including, for example--

(i) monitoring and auditing of licensees and work undertaken by licensees; and

(ii) complaints about licensees or former licensees; and

(iii) the grounds on which licences are automatically suspended or cancelled and other matters relating to those suspensions or cancellations; and

(iv) the establishment of a demerit point scheme for licensees; and

(v) the establishment of an infringement notice scheme for persons who allegedly contravene this Law or the regulations; and

(vi) other matters relating to disciplinary proceedings and disciplinary action;

(h) matters relating to nominees for licences;

(i) matters relating to directors and members of licensees who are bodies corporate, including--

(i) the duties and obligations of directors and members; and

(ii) matters relating to the liability of directors and members;

(j) matters relating to persons who are employed or otherwise engaged by licensees, including--

(i) the duties and obligations of licensees in relation to those persons; and

(ii) the duties and obligations of those persons; and

(iii) matters relating to vicarious liability for the actions of those persons;

(k) matters relating to persons who are receivers, managers or administrators appointed to carry out, wind up or otherwise administer or operate businesses conducted by licensees or persons whose licences have been suspended or cancelled, including matters relating to the appointment of those persons and the obligations and responsibilities of those persons in carrying out, winding up or otherwise administering or operating the businesses;

(l) matters relating to fidelity funds and indemnity funds held in relation to licensees;

(m) matters relating to trust funds held by licensees;

(n) the payment of penalties and fines imposed under this Law, including who the penalties and fines are to be paid to;

(o) the imposition of penalties, of not more than $5,000 for individuals or $25,000 for bodies corporate, for a contravention of a provision of the regulations;

(p) criteria or procedures to be used by the Licensing Authority in developing policy about the national licensing system and the admission of new occupations to the system;

(q) the publication of information about disciplinary action taken against persons under this Law or the regulations or the conviction of persons for offences against this Law or the regulations;

(r) provisions of a savings or transitional nature--

(i) consequent on the enactment of this Law in a participating jurisdiction or the making of the regulations under this Law; or

(ii) to otherwise allow or facilitate the change from the operation of a law of a participating jurisdiction relating to the licensing of persons carrying out licensed occupations to the operation of this Law or the regulations made under this Law;

(s) any other matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.

(3) Savings and transitional provisions consequent on the enactment of this Law in a participating jurisdiction, or to allow or facilitate the licensing of persons carrying out a licensed occupation in a participating jurisdiction, may have retrospective operation to a day not earlier than the participation day for that participating jurisdiction.