Australian Capital Territory Numbered Regulations

TRADERS (LICENSING) REGULATION 2017 (NO 21 OF 2017) - REG 7

    (1)     Information about the following in relation to an entity is prescribed:

        (a)     a contravention of a relevant law;

        (b)     a conviction or a finding of guilt for an offence under a relevant law;

        (c)     a conviction or finding of guilt for an offence involving fraud or dishonest conduct;

        (d)     a contravention of a licence condition for a licence issued under a relevant law;

        (e)     being refused a licence under a relevant law;

        (f)     having a licence cancelled or revoked under a relevant law;

        (g)     whether it is in the public interest to issue a licence to the entity.

Note     A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000

, s 16 (c) (i) and s 19H (1) (c) (i)).

    (2)     Information about the following in relation to a relevant person for an entity is prescribed:

        (a)     a matter prescribed for an entity in subsection (1);

        (b)     in the past 3 years being or having been—

              (i)     involved in the management of a corporation when the corporation was insolvent; or

              (ii)     bankrupt or personally insolvent.

Note     Bankrupt or personally insolvent —see the Legislation Act

, dict, pt 1.

    (3)     By making an application for a traders licence, an entity permits the commissioner to enquire about and access prescribed suitability information in relation to the entity and each relevant person for the entity, including a person who becomes a relevant person after the entity is licensed.

Note     It is a condition of a licence that a licensee must tell the commissioner if a person becomes a relevant person for the licensee (see s 9 (1) (f)).

    (4)     In this section:

"corresponding law", for an entity, means—

        (a)     the Australian Consumer Law (ACT)

; and

        (b)     the Competition and Consumer Act 2010 

(Cwlth); and

        (c)     a law of another jurisdiction corresponding, or substantially corresponding, to—

              (i)     the Act; or

              (ii)     the operational Act for the entity's trader category; or

              (iii)     the Australian Consumer Law (ACT)

.

Note     A reference to an Act (including a Commonwealth Act) includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

"relevant law", for an entity, means—

        (a)     the Act; and

        (b)     the operational Act for the entity's trader category; and

        (c)     a corresponding law for the entity.