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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-08-09 Daily Xml
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Bills

Local Government (Mobile Food Vendors) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 6, page 3, lines 5 and 6 [clause 6, inserted subsection (2)]—Delete 'any requirement prescribed by the regulations.' and substitute:

—

(a) the location rules adopted by the council under section 225A; and

(b) any requirement prescribed by the regulations.

No. 2. Clause 6, page 3, after line 13—Insert:

(4) Subsection (2)(a) does not apply in relation to a permit for the purposes of a mobile food vending business primarily engaged in the sale of ice cream.

No. 3. New clause, page 3, after line 13—Insert:

6A—Insertion of section 224A

After section 224 insert:

224A—Breach of condition of authorisation or permit

A person must not breach or fail to comply with a condition of a permit for the purposes of a mobile food vending business under section 222.

Maximum penalty: $2,500.

Expiation fee: $210.

No. 4. New clause, page 3, after line 29—Insert:

8—Insertion of section 225A

After section 225 insert:

225A—Location rules—general

(1) For the purposes of section 224(2)(a), a council must prepare and adopt rules (location rules) that set out locations within the council area in which mobile food vending businesses may operate.

(2) A council's location rules must comply with the following requirements:

(a) requirements prescribed by the regulations;

(b) requirements (if any) specified by the Minister by notice in the Gazette.

(3) A requirement specified by the Minister under subsection (2)(b) may relate to location rules of councils generally or those of a particular council or councils.

(4) A council—

(a) may from time to time amend its location rules; and

(b) must amend its location rules in order to ensure that the rules comply with—

(i) any requirement specified by the Minister under subsection (2)(b); or

(ii) any direction given by the Small Business Commissioner under subsection (7).

(5) If the Small Business Commissioner recommends under section 225B(5) that a council amend its location rules—

(a) the council must give consideration to amending its location rules in accordance with the recommendation; and

(b) if the council resolves not to amend its location rules in accordance with the recommendation—the council must provide written reasons for the resolution to the Small Business Commissioner and the applicant under section 225B.

(6) If the applicant under section 225B is dissatisfied with the written reasons provided by a council in relation to a recommendation under section 225B(5) that the council amend its location rules, the applicant may request the Small Business Commissioner to consider directing the council to amend its location rules in accordance with the recommendation.

(7) The Small Business Commissioner may, on a request under subsection (6) and if satisfied that it is appropriate to do so taking into account the written reasons of the council, direct the council to amend its location rules in accordance with the recommendation referred to in subsection (6).

(8) If a council is given a direction by the Small Business Commissioner under subsection (7), the council must not fail to comply with the direction.

Maximum penalty: $5,000.

225B—Location rules—disputes

(1) If the operator of a food business in a council area is directly adversely affected by the location rules of the council under section 225A, the operator may apply to the Small Business Commissioner for a review of the location rules by the Small Business Commissioner (who is conferred with the function of conducting such a review).

(2) An application under subsection (1) must—

(a) be made in a manner and form determined by the Small Business Commissioner; and

(b) include any information required by the Small Business Commissioner.

(3) The Small Business Commissioner may—

(a) conduct a review under this section in such manner as the Commissioner determines to be appropriate; and

(b) specify procedures and requirements that are to apply in connection with a review under this section.

(4) The Small Business Commissioner may, in conducting a review under this section, exercise any power of the Commissioner that applies under the Small Business Commissioner Act 2011 in relation to the performance of the Commissioner's functions under that Act.

(5) After conducting a review under this section, the Small Business Commissioner may, if the Commissioner considers it appropriate to do so, recommend to the relevant council that the council amend its location rules.

(6) In this regulation—

food business means a business the primary purpose of which is the retail sale of food or beverages.

Consideration in committee.

Mr PICTON: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.

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