{"id":"business-licensing-authority-act-1998","name":"Business Licensing Authority Act 1998","slug":"business-licensing-authority-act-1998","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173243,"registerId":"vic-business-licensing-authority-act-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Business Licensing Authority Act 1998","content":"Version No. 040\n\n**Business Licensing Authority Act 1998**\n\n**No. 49 of 1998**\n\nVersion incorporating amendments as at  \n25 November 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\nPart 2—Business Licensing Authority 4\n\n4 Establishment of Authority 4\n\n5 Constitution of Authority 4\n\n6 Functions of Authority 5\n\n7 Powers of the Authority 6\n\n8 Consultants 7\n\n9 Role of members 7\n\n10 Procedure of the Authority 7\n\n11 Delegation by Authority 7\n\n12 Director to give effect to decision 8\n\n13 Authority may request Director to investigate matters 8\n\n14 Correcting mistakes 8\n\n15 Registrar and other staff 9\n\n16 Delegation by the Registrar 9\n\n17 Registers 9\n\n17A Restriction of personal information 10\n\n17AB Register previously kept under section 24 of the Sex Work Act 1994 11\n\n17B Rights of review 11\n\n18 Secrecy 12\n\n19 Immunity 14\n\nPart 3—Licence suspension 15\n\n20 Definitions 15\n\n21 Authority may suspend licence 16\n\n22 Effect of suspension 18\n\n23 Lapsing or continuation of suspension 19\n\n24 Extension of period 20\n\n25 Right of review 21\n\nPart 4—General 22\n\n26 Regulations 22\n\n27 Saving of regulations under the Sex Work Act 1994 22\n\nSchedule 23\n\nEndnotes 27\n\n1 General information 27\n\n2 Table of Amendments 29\n\n3 Explanatory details 33\n\n**Version No.** **040**\n\n**Business Licensing Authority Act 1998**\n\n**No. 49 of 1998**\n\nVersion incorporating amendments as at  \n25 November 2025\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe main purpose of this Act is to establish and provide for the operation of the Business Licensing Authority.\n\n\t2 Commencement\n\n(1) This Part comes into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***Authority*** means the Business Licensing Authority established under Part 2;\n\nS. 3 def. of *business licensing Act* amended by Nos 69/2006 s. 220, 75/2006 s. 192(Sch. 2 item 1), 11/2010 s. 37, 63/2010 s. 81(Sch. item 1.1), 63/2010 s. 11(1), 16/2014 s. 9, 26/2016 s. 85, 26/2019 s. 108, 7/2022 s. 56.\n\n***business licensing Act*** means—\n\n* * * * *\n\n(ab) the **Conveyancers Act 2006**; or\n\n(ac) the **Professional Engineers Registration Act 2019**; or\n\n(b) the **Estate Agents Act 1980**; or\n\n* * * * *\n\n(d) the **Motor Car Traders Act 1986**; or\n\n(da) the **Owners Corporations Act 2006**; or\n\n(db) the **Rooming House Operators Act 2016**; or\n\n* * * * *\n\n(f) the **Second-Hand Dealers and Pawnbrokers Act 1989**;\n\n* * * * *\n\n***Deputy Registrar*** means a Deputy Registrar of the Authority;\n\nS. 3 def. of *Director* substituted by No. 17/1999 s. 23, amended by No. 21/2012 s. 239(Sch. 6 item 7).\n\n***Director*** means the Director within the meaning of the **Australian Consumer Law and Fair Trading Act 2012**;\n\nS. 3 def. of *personal information* inserted by No. 8/2003 s. 84, amended by No. 60/2014 s. 140(Sch. 3 item 4).\n\n***personal information*** has the same meaning as in section 3 of the **Privacy and Data Protection Act 2014**;\n\n***Registrar*** means the Registrar of the Authority;\n\n***Tribunal*** means Victorian Civil and Administrative Tribunal established under the **Victorian Civil and Administrative Tribunal Act 1998**.\n\nPart 2—Business Licensing Authority\n\n\t4 Establishment of Authority\n\n(1) There is established a Business Licensing Authority.\n\n(2) The Authority—\n\n(a) is a body corporate with perpetual succession;\n\n(b) shall have a common seal;\n\n(c) may acquire, hold and dispose of real and personal property;\n\n(d) may sue and be sued in its corporate name;\n\n(e) may do and suffer all acts and things that a body corporate may by law do and suffer.\n\n(3) The common seal of the Authority must be kept in the custody that the Authority directs and must not be used except as authorised by the Authority.\n\n(4) All courts must take judicial notice of the common seal of the Authority on a document and must presume that it was properly sealed.\n\n\t5 Constitution of Authority\n\nS. 5(1) substituted by No. 92/2004 s. 38(1).\n\n(1) The Authority is constituted by—\n\n(a) a Chairperson, and a Deputy Chairperson, appointed by the Governor in Council; and\n\nS. 5(1)(b) repealed by No. 63/2010 s. 73(1), new s. 5(1)(b) inserted by No. 26/2019 s. 109.\n\n(b) at least one person appointed by the Governor in Council who has qualifications and experience in the field of engineering; and\n\n(c) any other person appointed by the Governor in Council as a member of the Authority.\n\nS. 5(2) amended by Nos 18/2005 s. 18(Sch. 1 item 11), 92/2004 s. 38(2), 17/2024 s. 8(1).\n\n(2) A person is not eligible for appointment as a member under subsection (1)(a) or (1)(c) unless the person is an Australian lawyer (within the meaning of the **Legal Profession Act 2004**) of not less than 5 years standing.\n\nS. 5(3) repealed by No. 92/2004 s. 38(3).\n\n* * * * *\n\n(4) The Schedule applies to the members of the Authority.\n\nS. 5(5) inserted by No. 92/2004 s. 38(4), substituted by No. 63/2010 s. 73(2).\n\n(5) Despite the alteration made to the constitution of the Authority by section 73 of the **Consumer Affairs Legislation Amendment (Reform) Act 2010**, the Authority is taken to be the same body after the commencement of that section as it was before that commencement.\n\nS. 5(6) inserted by No. 92/2004 s. 38(4), repealed by No. 63/2010 s. 73(2).\n\n* * * * *\n\n\t6 Functions of Authority\n\nThe functions of the Authority are—\n\n(a) to administer the licensing and registration provisions of—\n\nS. 6(a)(i) repealed by No. 11/2010 s. 38, new s. 6(a)(i) inserted by No. 26/2019 s. 110.\n\n(i) the **Professional Engineers Registration Act 2019**;\n\n(ii) the **Estate Agents Act 1980**;\n\nS. 6(a)(iii) repealed by No. 63/2010 s. 11(2).\n\n* * * * *\n\n(iv) the **Motor Car Traders Act 1986**;\n\nS. 6(a)(iva) inserted by No. 6/2008 s. 36.\n\n(iva) the **Owners Corporations Act 2006**;\n\nS. 6(a)(v) amended by No. 63/2010 s. 81(Sch. item 1.2), repealed by No. 7/2022 s. 57.\n\n* * * * *\n\nS. 6(a)(vi) amended by No. 16/2014 s. 10(a).\n\n(vi) the **Second-Hand Dealers and Pawnbrokers Act 1989**; and\n\nS. 6(a)(vii) repealed by No. 16/2014 s. 10(b).\n\n* * * * *\n\n(b) to carry out any other functions conferred on it by this or any other Act.\n\n\t7 Powers of the Authority\n\n(1) The Authority has power to do anything that is necessary or convenient to be done for or in connection with the carrying out of its functions.\n\n(2) Without limiting subsection (1), the Authority may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.\n\n(3) Without limiting subsection (1), the Authority, in carrying out its functions, may seek advice and information on any matter from any person or body or source it thinks fit.\n\n\t8 Consultants\n\n(1) The Authority may engage persons with suitable qualifications and experience as consultants.\n\n(2) An engagement under subsection (1) may be on any terms and conditions the Authority considers appropriate.\n\nS. 8(3) inserted by No. 26/2019 s. 111.\n\n(3) The Business Licensing Authority may engage the Chief Engineer of the Office of Projects Victoria under this section to provide advice in relation to the Business Licensing Authority's functions and duties under the **Professional Engineers Registration Act 2019**.\n\n\t9 Role of members\n\nSubject to any direction of the Chairperson of the Authority, the functions and powers of the Authority may be carried out or exercised by any member of the Authority.\n\n\t10 Procedure of the Authority\n\nSubject to this Act and to any business licensing Act, the procedure of the Authority is in its discretion.\n\nS. 11 amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004  \ns. 117(1) (Sch 3 item 22.1).\n\n\t11 Delegation by Authority\n\nSubject to this Act and to any business licensing Act, the Authority may by instrument delegate to the Registrar, the Deputy Registrar, any person employed under Part 3 of the **Public Administration Act 2004** or any person referred to in section 7(2) any of its powers and functions under this Act or a business licensing Act except—\n\nS. 11(a) substituted by Nos 8/2003 s. 85, 56/2012 s. 24.\n\n(a) a prescribed power or function; and\n\nS. 11(b) substituted by No. 8/2003 s. 85.\n\n(b) this delegation power.\n\n\t12 Director to give effect to decision\n\nThe Director must take such action (if any) as is necessary to give effect to a decision of the Authority under a business licensing Act.\n\n\t13 Authority may request Director to investigate matters\n\nThe Authority may request the Director to investigate a matter arising in the course of the carrying out of its functions and the Director may investigate that matter.\n\n\t14 Correcting mistakes\n\nThe Authority may at any time correct a decision made by it under this Act or a business licensing Act if the decision contains—\n\n(a) a clerical mistake; or\n\n(b) an error arising from an accidental slip or omission; or\n\n(c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision; or\n\n(d) a defect of form.\n\n\t15 Registrar and other staff\n\nS. 15(1) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004  \ns. 117(1) (Sch. 3 item 22.1).\n\n(1) There shall be employed under Part 3 of the **Public Administration Act 2004**—\n\n(a) a Registrar of the Authority; and\n\n(b) such Deputy Registrars and other staff as are necessary for the purposes of the Authority.\n\n(2) A Deputy Registrar may exercise any of the powers of the Registrar under this Act or a business licensing Act but is subject to the directions of the Registrar in exercising those powers.\n\n(3) All courts must take judicial notice of the official signature of a person who is or has been the Registrar or Deputy Registrar and of the fact that that person is or was the Registrar or Deputy Registrar.\n\nS. 16 amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004  \ns. 117(1) (Sch. 3 item 22.1), 17/2024 s. 8(2).\n\n\t16 Delegation by the Registrar\n\nSubject to this Act and to any business licensing Act and to the direction of the Authority, the Registrar may by instrument delegate to any person employed under Part 3 of the **Public Administration Act 2004** or any person whose services are used by the Authority under section 7(2) any of the Registrar's powers and functions under this Act or a business licensing Act except this power of delegation.\n\n\t17 Registers\n\nS. 17(1) amended by Nos 7/2022 s. 23, 17/2024 s. 8(3).\n\n(1) The Registrar may correct an error or omission in any register kept by the Registrar under this Act or a business licensing Act by—\n\n(a) inserting an entry; or\n\n(b) amending an entry; or\n\n(c) omitting an entry—\n\nif the Registrar decides that the correction is necessary.\n\nS. 17(2) amended by No. 7/2022 s. 23.\n\n(2) A certificate purporting to be signed by the Registrar certifying as to any matter relating to the contents of a register kept by the Registrar under this Act or a business licensing Act is evidence of that matter.\n\nS. 17(3) amended by No. 7/2022 s. 23.\n\n(3) The Director may, at any time, free of charge, inspect a register kept by the Registrar under this Act or a business licensing Act and make a copy of, or take an extract from, that register.\n\nS. 17A inserted by No. 8/2003 s. 86.\n\n  17A Restriction of personal information\n\nS. 17A(1) amended by No. 7/2022 s. 24.\n\n(1) A person whose personal information is held on any register kept by the Registrar under this Act or a business licensing Act may apply to the Authority to restrict public access to some or all of that personal information.\n\n(2) If the Authority is satisfied that exceptional circumstances exist justifying the restriction of public access to that person's personal information, the Authority may restrict public access to some or all of that personal information.\n\n(3) The restriction of public access under subsection (2) may be for the period and on the conditions that the Authority thinks fit.\n\n(4) If the Authority is satisfied that it is in the public interest that restricted personal information be released to a person who applies for it, the Authority may release some or all of the information to that person on such conditions as the Authority thinks fit.\n\n(5) If the Authority decides to release restricted personal information, the Authority must give written notice of the decision to the person whose restricted personal information is to be released.\n\n(6) The Authority must not release restricted personal information for 28 days after giving written notice of the decision to release the information to the person whose restricted personal information is to be released.\n\nS. 17AB inserted by No. 7/2022 s. 25.\n\n\t17AB Register previously kept under section 24 of the Sex Work Act 1994\n\n(1) On and from the repeal of section 24 of the **Sex Work Act 1994**, the register kept under that section—\n\n(a) is closed; and\n\n(b) is to be kept by the Authority under this Act as a historical register.\n\n(2) The register may only be inspected by—\n\n(a) the Director; or\n\n(b) members or staff of the Authority.\n\n(3) The register is an exempt document within the meaning of section 5(1) of the **Freedom of Information Act 1982** to which section 38 of that Act applies.\n\nS. 17B inserted by No. 8/2003 s. 86.\n\n  17B Rights of review\n\n(1) A person whose interests are affected by a decision of the Authority under section 17A may apply to the Tribunal for review of that decision.\n\n(2) An application for review under subsection (1) must be lodged with the Tribunal within 28 days after—\n\n(a) notice of the decision was given; or\n\n(b) if, under section 45 of the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision—the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n\t18 Secrecy\n\n(1) This section applies to every person who is or has been a member of the Authority, the Registrar, a Deputy Registrar, a member of the other staff assisting the Authority, a person whose services are used by the Authority under section 7(2) or a person engaged under section 8.\n\nS. 18(1A) inserted by No. 47/2019 s. 102, repealed by No. 7/2022 s. 58(1).\n\n* * * * *\n\nS. 18(2) amended by Nos 7/2022 ss 26, 58(2).\n\n(2) A person to whom this section applies must not, either directly or indirectly, make a record of, or disclose or communicate to any person, any information concerning the affairs of any person acquired by reason of the office or employment under or for the purposes of this Act or a business licensing Act.\n\nPenalty: (a) in relation to information acquired or obtained under the **Sex Work Act 1994** before its repeal, 60 penalty units;\n\n(b) in any other case, 5 penalty units.\n\n(3) Despite subsection (2), a person to whom this section applies may—\n\n(a) make a record of, or disclose or communicate any information referred to in that subsection—\n\n(i) in any legal proceedings under this Act or any of the business licensing Acts; or\n\n(ii) in the performance of a duty under or in connection with this Act or any of the business licensing Acts;\n\n(b) divulge or communicate any information referred to in that subsection to—\n\n(i) the Director; or\n\n(ii) the Tribunal; or\n\nS. 18(3)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 11.1).\n\n(iii) a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence; or\n\nS. 18(3)(b)(iv) amended by No. 37/2014 s. 10(Sch. item 11.1).\n\n(iv) a police officer who is performing a duty under or in connection with any Act; or\n\n(v) a prescribed person who is, or a prescribed body which is, performing a duty under or in connection with any Act; or\n\nS. 18(3)(b)(va) inserted by No. 11/2010 s. 39.\n\n(va) to an agency of the Commonwealth, the extent reasonably required to bring into operation the National Consumer Credit Protection Act 2009 of the Commonwealth and the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 of the Commonwealth; or\n\n(vi) with the consent of the person to whom the information relates, to any other person.\n\nS. 18(4) inserted by No. 37/2014 s. 10(Sch. item 11.2).\n\n(4) In this section—\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**.\n\n\t19 Immunity\n\n(1) A member of the Authority is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Act or a business licensing Act or a regulation under that Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or a business licensing Act or a regulation under that Act.\n\n(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the Authority attaches instead to the Authority.\n\nPt 3 (Heading and ss 20–25) inserted by No. 30/2003 s. 77.\n\nPart 3—Licence suspension\n\nS. 20 inserted by No. 30/2003 s. 77.\n\n  20 Definitions\n\nIn this Part—\n\nS. 20 def. of *licence* amended by Nos 11/2010 s. 40, 63/2010 s. 81(Sch. item 1.3), 63/2010 s. 11(3), 16/2014 s. 11, 7/2022 s. 59, 6/2025 s. 84.\n\n***licence*** means—\n\n(a) a licence issued or granted under—\n\n(i) the **Estate Agents Act 1980**; or\n\n(ii) the **Motor Car Traders Act 1986**; or\n\n* * * * *\n\n* * * * *\n\n(b) a person who is a registered agent's representative within the meaning of section 4(1) of the **Estate Agents Act 1980**; or\n\n(c) a right to participate in a customer service capacity in the business of a motor car trader within the meaning of the **Motor Car Traders Act 1986**; or\n\n* * * * *\n\n* * * * *\n\n* * * * *\n\n* * * * *\n\n(h) a registration or endorsement of registration under the **Second-Hand Dealers and Pawnbrokers Act 1989**;\n\n***licence suspension period*** in relation to a licence, means the period—\n\n(a) commencing on the date of service of the notice in relation to the licence under section 21; and\n\n(b) ending on—\n\n(i) the lapsing of the suspension of the licence under section 23; or\n\n(ii) the date of an order referred to in section 23(2) relating to the suspension of the licence;\n\n***licensee***, in relation to a licence, means the person who is the holder of the licence.\n\nS. 21 inserted by No. 30/2003 s. 77.\n\n  21 Authority may suspend licence\n\n(1) Despite anything to the contrary in a business licensing Act or any other Act or law other than this Part, the Authority may suspend a licence by notice in writing issued to the licensee.\n\n(2) The Authority may only suspend a licence under this section if the Authority has reasonable grounds to believe that—\n\n(a) the licensee has engaged in conduct that under the relevant business licensing Act would constitute grounds for the initiation of disciplinary action against the licensee or the bringing of proceedings for an offence or for an injunction; and\n\n(b) it is likely that the licensee will continue to engage in that conduct; and\n\n(c) there is a danger that a person may suffer substantial harm, loss or damage as a result of that conduct unless action is taken urgently.\n\n(3) A notice under subsection (1)—\n\n(a) must be served—\n\n(i) personally on a licensee who is a natural person; or\n\n(ii) at the registered office and the last known business address of a licensee that is a corporation; or\n\n(iii) at the last known business address of a licensee that is a body corporate, other than a corporation;\n\n(b) must specify the conduct which the licensee is believed to have engaged in;\n\n(c) must state the rights of review open to the licensee;\n\n(d) has effect, whether or not the licensee has been afforded an opportunity to be heard on the matter.\n\n(4) Despite subsection (3)(a)(i), if, on the application of the Authority, it appears to the Tribunal that service cannot be promptly effected on a licensee who is a natural person, the Tribunal may order that the notice be served—\n\nS. 21(4)(a) amended by No. 17/2024 s. 8(4).\n\n(a) by sending it by post, facsimile or other electronic transmission to the person at the person's usual or last known residential or business address; or\n\n(b) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.\n\n(5) The suspension takes effect on the service of the notice.\n\nS. 22 inserted by No. 30/2003 s. 77.\n\n  22 Effect of suspension\n\n(1) This section applies despite anything to the contrary in a business licensing Act or any other Act or law other than this Part.\n\n(2) If a notice is issued under this Part suspending—\n\n(a) an estate agent's licence under the **Estate Agents Act 1980**; or\n\nS. 22(2)(b) amended by No. 7/2022 s. 60(1).\n\n(b) a motor car trader's licence under the **Motor Car Traders Act 1986**—\n\nS. 22(2)(c) amended by Nos 63/2010 s. 81(Sch. item 1.4), 16/2014 s. 12(a), repealed by No. 7/2022 s. 60(2).\n\n* * * * *\n\nS. 22(2)(d) repealed by No. 16/2014 s. 12(b).\n\n* * * * *\n\nthe licence is deemed to be suspended for the purposes of that Act for the licence suspension period.\n\n(3) If a notice is issued under this Part suspending a licensee's right to act as an agent's representative within the meaning of the **Estate Agents Act 1980**, the licensee is deemed to be ineligible to act as an agent's representative for the purposes of that Act for the licence suspension period.\n\n(4) If a notice is issued under this Part suspending a licensee's right to participate in a customer service capacity in the business of a motor car trader within the meaning of the **Motor Car Traders Act 1986**, the licensee is deemed, for the purposes of that Act, not to be permitted to be employed in a customer service capacity by a motor car trader for the licence suspension period.\n\nS. 22(5) amended by No. 63/2010 s. 81(Sch. item 1.4), repealed by No. 7/2022 s. 60(2).\n\n* * * * *\n\nS. 22(6)(7) repealed by No. 11/2010 s. 41.\n\n* * * * *\n\nS. 22(8) repealed by No. 63/2010 s. 11(4).\n\n* * * * *\n\n(9) If a notice is issued under this Part suspending the registration or endorsement of registration of a licensee under the **Second-Hand Dealers and Pawnbrokers Act 1989**, the registration or endorsement is deemed to be suspended for the purposes of that Act for the licence suspension period.\n\nS. 23 inserted by No. 30/2003 s. 77.\n\n  23 Lapsing or continuation of suspension\n\n(1) A suspension under this Part lapses if within the required period after the service of the notice—\n\n(a) an application is not made to the Tribunal under a business licensing Act to inquire into the conduct of the licensee that is the subject of the notice; or\n\n(b) proceedings have not commenced in a court in relation to the conduct of the licensee that is the subject of the notice.\n\n(2) If within the required period after the service of the notice—\n\n(a) an application is made to the Tribunal under a business licensing Act to inquire into the conduct of the licensee that is the subject of the notice; or\n\n(b) proceedings are commenced in a court in relation to the conduct of the licensee that is the subject of the notice—\n\nthe suspension continues until a further order is made by the Tribunal or the court.\n\n(3) If a suspension lapses under this section after service of a notice, the Authority must not serve another notice on the licensee under this Part for a period of 6 months from the date of service of the first notice.\n\n(4) The power conferred by this Part is in addition to and does not limit or displace a power conferred on the Authority or any other person or body by or under a business licensing Act to suspend or cancel a licence or to take action against a licensee in respect of the conduct concerned.\n\n(5) In this section ***required period*** means—\n\n(a) 14 days; or\n\n(b) if the Tribunal or a court makes an order under section 24 extending that period, that extended period.\n\nS. 24 inserted by No. 30/2003 s. 77.\n\n  24 Extension of period\n\n(1) The Director, at the request of the Authority, may apply to the Tribunal or the court within 14 days after the service of a notice under section 21 or if, an extension of that period has been granted under this section, before the end of the period of the extension, to extend the period within which an application must be made or proceedings commenced for the purposes of section 23(1) and (2).\n\n(2) On an application under subsection (1), the Tribunal or court—\n\n(a) must consider the likelihood that an application or proceedings referred to in section 23(1) and (2) will be made or commenced; and\n\n(b) may make an order extending the period if in all the circumstances it considers it just and convenient to do so.\n\n(3) An extension may be for a period not exceeding 14 days.\n\n(4) The Tribunal or court may adjourn any application under this section to enable notice of the application to be given to any person.\n\nS. 25 inserted by No. 30/2003 s. 77.\n\n  25 Right of review\n\nA licensee may apply to the Tribunal for a review of the decision to issue a notice under this Part.\n\nPt 4 (Heading and s. 26) inserted by No. 56/2012 s. 25.\n\nPart 4—General\n\nSs 25A, 25B inserted by No. 7/2022 s. 61, repealed by No. 17/2024 s. 7.\n\n* * * * *\n\nS. 26 inserted by No. 56/2012 s. 25.\n\n\t26 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) apply at all times or specified times;\n\n(d) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body.\n\nS. 27 inserted by No. 7/2022 s. 62.\n\n\t27 Saving of regulations under the Sex Work Act 1994\n\nDespite the repeal of the **Sex Work Act 1994** by the **Sex Work Decriminalisation Act 2022**, the Sex Work (Fees) Regulations 2014 continue in operation as if they had been made under this Act and may be amended or revoked accordingly.\n\nSchedule\n\nMembers of Authority\n\n\t1 Terms of appointment\n\n(1) A member—\n\nSch. cl. 1(1)(a) amended by No. 17/2024 s. 8(5)(a)(i).\n\n(a) holds office for the term, not exceeding 5 years, specified in the member's instrument of appointment;\n\n(b) is eligible for re-appointment;\n\nSch. cl. 1(1)(c) amended by No. 17/2024 s. 8(5)(a)(ii).\n\n(c) is entitled to be paid the remuneration and allowances (if any) fixed in respect of the member by the Governor in Council.\n\n(2) The Governor in Council may, in the instrument of appointment of a member, specify terms and conditions of appointment.\n\nSch. cl. 1(3) substituted by Nos 46/1998  \ns. 7(Sch. 1), 108/2004  \ns. 117(1) (Sch. 3 item 22.2), 80/2006 s. 26(Sch. item 7).\n\n(3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member in respect of the office of member.\n\n\t2 Resignation\n\nA member may resign from office by delivering to the Governor a signed letter of resignation.\n\n\t3 Termination of office\n\nSch. cl. 3(1) amended by No. 17/2024 s. 8(5)(b)(i).\n\n(1) The office of a member becomes vacant if the member—\n\n(a) becomes an insolvent under administration; or\n\n(b) is convicted of an offence punishable by imprisonment for 12 months or more; or\n\nSch. cl. 3(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 6).\n\n(c) becomes a represented person within the meaning of the **Guardianship and Administration Act 2019**; or\n\n(d) is removed or resigns from office.\n\n(2) The Governor in Council may remove a member from office—\n\n(a) for misbehaviour; or\n\nSch. cl. 3(2)(b) amended by No. 17/2024 s. 8(5)(b)(ii).\n\n(b) if the member becomes incapable of performing the duties of the member's office.\n\nSch. cl. 4 substituted by No. 92/2004 s. 39(1).\n\n\t4 Acting appointments\n\n(1) When—\n\n(a) the office of Chairperson is vacant; or\n\n(b) the Chairperson is absent from Victoria or is unable, for any reason, to perform the duties of the office—\n\nthe Deputy Chairperson must act as Chairperson.\n\nSch. cl. 4(2) amended by No. 17/2024 s. 8(5)(c).\n\n(2) While the Deputy Chairperson is acting as Chairperson, the Deputy Chairperson has and may exercise all the powers, and must perform all the duties, of the Chairperson.\n\n(3) The Minister may appoint a member of the Authority to act as Deputy Chairperson—\n\n(a) during a vacancy in the office of Deputy Chairperson; or\n\n(b) during any period, or during all periods, when the Deputy Chairperson is acting as Chairperson or is unable, for any reason, to perform the duties of the Deputy Chairperson.\n\n(4) The Minister may appoint a person who is qualified to be a member of the Authority to act as a member (other than the Chairperson or Deputy Chairperson) of the Authority during any period, or during all periods, when a member is acting as Deputy Chairperson or is unable, for any reason, to perform the duties of office.\n\nSch. cl. 5 (Heading) inserted by No. 92/2004 s. 39(2)(a).\n\n\t5 Acting members—conditions\n\nSch. cl. 5(1) repealed by No. 92/2004 s. 39(2)(b).\n\n* * * * *\n\n(2) A person appointed to act for a member while so acting—\n\nSch. cl. 5(2)(a) amended by No. 17/2024 s. 8(5)(d).\n\n(a) has all the powers and may perform all the duties of the member for whom the person is acting; and\n\nSch. cl. 5(2)(b) amended by No. 17/2024 s. 8(5)(d).\n\n(b) is entitled to be paid the remuneration and allowances (if any) to which the member for whom the person is acting would have been entitled for performing those duties; and\n\nSch. cl. 5(2)(c) amended by No. 17/2024 s. 8(5)(d).\n\n(c) is subject to the same terms and conditions of appointment as the member for whom the person is acting.\n\nSch. cl. 6 substituted by No. 92/2004 s. 39(3).\n\n\t6 Decision not invalid by reason of vacancy etc.\n\nAn act or decision of the Authority is not invalid only—\n\n(a) because of a vacancy in the membership of the Authority; or\n\n(b) because of a defect or irregularity in the appointment of a member or acting member; or\n\n(c) because the occasion for the appointment of an acting member had ceased to exist.\n\n\t7 Disclosure of interest by members\n\nSch. cl. 7(1) amended by No. 17/2024 s. 8(5)(e).\n\n(1) If a member of the Authority has a direct or indirect pecuniary interest in a matter which is about to be or is being considered by the Authority, the member must as soon as possible after the relevant facts come to the member's knowledge disclose the nature of the interest—\n\n(a) to the Minister, in the case of the Chairperson; or\n\n(b) to the Chairperson, in the case of any other member.\n\n(2) A member who has disclosed a pecuniary interest in a matter under subclause (1) must not consider or decide or take any further part in the consideration or decision of the matter before the Authority.\n\n(3) An act or decision of the Authority is not invalid merely because a member contravenes subclause (1) or (2).\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 9 April 1998*\n\n*Legislative Council: 19 May 1998*\n\nThe long title for the Bill for this Act was \"to establish the Business Licensing Authority and for other purposes.\"\n\nThe **Business Licensing Authority Act 1998** was assented to on 2 June 1998 and came into operation as follows:\n\nPart 1 (sections 1–3) on 2 June 1998: section 2(1); rest of Act on 1 July 1998: Government Gazette 18 June 1998 page 1512.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Business Licensing Authority Act 1998** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999**\n\n| Assent Date: | 18.5.99 |\n| --- | --- |\n| Commencement Date: | S. 23 on 1.9.99: Government Gazette 19.8.99 p. 1901 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Business Licensing Legislation (Amendment) Act 2003, No. 8/2003**\n\n| Assent Date: | 6.5.03 |\n| --- | --- |\n| Commencement Date: | Ss 84–86 on 1.11.03: Government Gazette 30.10.03 p. 2744 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Fair Trading (Amendment) Act 2003, No. 30/2003**\n\n| Assent Date: | 27.5.03 |\n| --- | --- |\n| Commencement Date: | S. 77 on 9.10.03: Government Gazette 9.10.03 p. 2589 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Act 2004, No. 92/2004**\n\n| Assent Date: | 7.12.04 |\n| --- | --- |\n| Commencement Date: | Ss 38, 39 on 1.6.06: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 22) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| --- | --- |\n| Commencement Date: | S. 18(Sch. 1 item 11) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Owners Corporations Act 2006, No. 69/2006**\n\n| Assent Date: | 19.9.06 |\n| --- | --- |\n| Commencement Date: | S. 220 on 31.12.07: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Conveyancers Act 2006, No. 75/2006**\n\n| Assent Date: | 10.10.06 |\n| --- | --- |\n| Commencement Date: | S. 192(Sch. 2 item 1) on 1.7.08: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| --- | --- |\n| Commencement Date: | S. 26(Sch. item 7) on 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Consumer Credit (Victoria) and Other Acts Amendment Act 2008, No. 6/2008**\n\n| Assent Date: | 18.3.08 |\n| --- | --- |\n| Commencement Date: | S. 36 on 19.3.08: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Credit (Commonwealth Powers) Act 2010, No. 11/2010**\n\n| Assent Date: | 30.3.10 |\n| --- | --- |\n| Commencement Date: | S. 39 on 1.4.10: Special Gazette (No. 114) 31.3.10 p. 1; ss 37, 38, 40, 41 on 1.7.10: Government Gazette 24.6.10 p. 1273 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010**\n\n| Assent Date: | 28.9.10 |\n| --- | --- |\n| Commencement Date: | S. 81(Sch. item 1) on 1.11.10: s. 2(2); s. 73 on 1.4.11: Special Gazette (No. 63) 1.3.11 p. 1; s. 11 on 1.7.11: Special Gazette (No. 154) 24.5.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Australian Consumer Law and Fair Trading Act 2012, No. 21/2012**\n\n| Assent Date: | 8.5.12 |\n| --- | --- |\n| Commencement Date: | S. 239(Sch. 6 item 7) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012**\n\n| Assent Date: | 18.9.12 |\n| --- | --- |\n| Commencement Date: | Ss 24, 25 on 18.3.13: Special Gazette (No. 86) 13.3.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Travel Agents Repeal Act 2014, No. 16/2014**\n\n| *Assent Date:* | 18.3.14 |\n| --- | --- |\n| *Commencement Date:* | Ss 9–12 on 1.7.14: Special Gazette (No. 170) 3.6.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| --- | --- |\n| Commencement Date: | S. 10(Sch. item 11) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| --- | --- |\n| Commencement Date: | S. 140(Sch. 3 item 4) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Rooming House Operators Act 2016, No. 26/2016**\n\n| Assent Date: | 10.5.16 |\n| --- | --- |\n| Commencement Date: | S. 85 on 26.4.17: Special Gazette (No. 57) 7.3.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| --- | --- |\n| Commencement Date: | S. 221(Sch. 1 item 6) on 1.3.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Professional Engineers Registration Act 2019, No. 26/2019**\n\n| Assent Date: | 3.9.19 |\n| --- | --- |\n| Commencement Date: | Ss 108–111 on 10.11.20: Special Gazette (No. 575) 10.11.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Consumer Legislation Amendment Act 2019, No. 47/2019**\n\n| Assent Date: | 3.12.19 |\n| --- | --- |\n| Commencement Date: | S. 102 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Sex Work Decriminalisation Act 2022, No. 7/2022**\n\n| Assent Date: | 1.3.22 |\n| --- | --- |\n| Commencement Date: | Ss 23–26 on 10.5.22: s. 2(2); ss 56–62 on 1.12.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024, No. 17/2024**\n\n| Assent Date: | 21.5.24 |\n| --- | --- |\n| Commencement Date: | Ss 7, 8 on 30.6.24: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n**Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025**\n\n| Assent Date: | 18.3.25 |\n| --- | --- |\n| Commencement Date: | S. 84 on 25.11.25: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Business Licensing Authority Act 1998** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1998 scope. Initially established to administer the Estate Agents Act and Motor Car Traders Act, it has expanded to cover: conveyancers (2006), owners corporations (2006), rooming house operators (2016), professional engineers (2019), and second-hand dealers/pawnbrokers. It also absorbed functions from the repealed Sex Work Act 1994 (maintaining historical registers) and lost the Travel Agents Act when that was repealed in 2014. The original 'Business Licensing Authority' name is now somewhat misleading as it covers registration and disciplinary functions beyond mere 'licensing', and includes professional registration (engineers) not just business licensing."},"complexity_factors":["Multiple amending acts (27+ amendments since 1998) creating a patchwork of inserted, substituted, and repealed provisions with extensive sidenotes tracking changes","Cross-references to at least 8 other Acts (Estate Agents Act, Motor Car Traders Act, Professional Engineers Registration Act, etc.) requiring knowledge of those regimes","Nested definitions: 'business licensing Act' is defined by reference to a list of Acts that has been amended 9 times, and 'licence' in Part 3 has a complex multi-paragraph definition spanning natural persons, corporations, and various registration types","Conditional logic in Part 3 (licence suspension) with time limits (14 days), extension mechanisms, and lapsing conditions that interact with Tribunal and court proceedings","Dual secrecy regimes: different penalty units apply depending on whether information was acquired under the repealed Sex Work Act (60 penalty units) versus other Acts (5 penalty units)","Transitional provisions regarding the Sex Work Act repeal, including the saving of regulations and maintenance of a closed historical register","Delegation chains: Authority → Registrar → staff, with exceptions for 'prescribed powers' and the delegation power itself"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Business Licensing Authority (BLA)** — a Victorian government body that acts as the gatekeeper and watchdog for several licensed industries. Think of it as the central administration hub that handles licensing, registration, and disciplinary oversight for businesses that need government permission to operate.\n\n**Who it affects:**\n\n- **Licensees and registrants** in regulated industries including: estate agents, motor car traders, conveyancers (property lawyers), professional engineers, owners corporation managers, rooming house operators, and second-hand dealers/pawnbrokers.\n- **Consumers** who deal with these businesses — the BLA maintains public registers and can take urgent action against dodgy operators.\n- **The Director of Consumer Affairs Victoria** — who works closely with the BLA to investigate problems and enforce decisions.\n\n**Key functions:**\n\n- **Licensing administration**: Processes applications, maintains registers, and issues certificates for the various industries listed above.\n- **Urgent suspension powers**: The BLA can immediately suspend a licence if it believes someone is causing (or will cause) substantial harm, and that person is likely to keep misbehaving. This is a \"stop now, investigate later\" power designed to protect the public.\n- **Privacy protection**: People on the registers can apply to have their personal information restricted from public view in exceptional circumstances.\n- **Historical record keeping**: Since the decriminalisation of sex work in Victoria, the BLA now maintains the old sex work register as a closed historical record.\n\n**Why it matters:**\n\nThis Act provides the backbone for consumer protection in several high-risk sectors. When you buy a house through an estate agent, purchase a car from a dealer, or hire a conveyancer, this legislation ensures there's a government body maintaining standards, keeping records, and able to pull the plug quickly if someone is ripping people off. The urgent suspension power (Part 3) is particularly significant — it allows the BLA to act *before* full disciplinary proceedings, preventing ongoing harm while investigations continue."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes — the Act's scope has expanded well beyond a narrow mechanics-of-establishment law. The original, short purpose was to establish and provide for operation of the Business Licensing Authority (s1). Since enactment the statutory remit grew materially: Part 3 (urgent licence suspension) was inserted in 2003 (ss20–25), the list of business licensing Acts the Authority administers has been extended repeatedly (see s6 and amendments adding Conveyancers Act 2006, Owners Corporations Act 2006, Professional Engineers Registration Act 2019, Rooming House Operators Act 2016, etc.), protections and procedural regimes for registers and personal information were added (s17A, s17B), and special handling of a historical sex‑work register was introduced (s17AB). Appointment, eligibility and operational provisions have also been altered (Schedule and s5 changes).  These additions shift the Act from simply creating a statutory body to creating an active regulator with urgent enforcement tools, privacy powers over registers, and multi‑sector administrative responsibilities — increasing its substantive regulatory footprint compared with the original establishing purpose."},"complexity_factors":["Extensive cross‑references: the Act links to at least 12 other principal Acts (e.g. Professional Engineers Registration Act 2019, Estate Agents Act 1980, Motor Car Traders Act 1986, Conveyancers Act 2006, Owners Corporations Act 2006, Rooming House Operators Act 2016, Second‑Hand Dealers and Pawnbrokers Act 1989, Public Administration Act 2004, Victorian Civil and Administrative Tribunal Act 1998, Privacy and Data Protection Act 2014, Freedom of Information Act 1982, Australian Consumer Law and Fair Trading Act 2012).","Multiple amendments over time: numerous insertions and repeals across many years (see Table of Amendments), producing layered text and historical provisions (e.g. s17AB dealing with a repealed Sex Work Act register).","Delegation and multi‑actor chains: the Authority may delegate to the Registrar, Deputy Registrar, public servants or external providers (s11, s16); the Director must give effect to Authority decisions (s12); plus the Authority can request investigations from the Director (s13).","Conditional/urgent suspension regime with nested conditions: Part 3 (ss20–25) has a 3‑part test for suspension (s21(2)), detailed service rules (s21(3)–(5)), lapse/continuation rules (s23) and an extension mechanism (s24).","Registers and privacy complexity: powers to correct registers (s17), restrict public access to personal information (s17A) with exceptional‑circumstances test, public‑interest release with 28‑day notice (s17A(2)–(6)), plus a special closed historical register (s17AB) with FOI exemption.","Secrecy exceptions and variable penalties: s18 sets a default penalty (5 units) but retains a much higher penalty (60 units) for information acquired under the repealed Sex Work Act, producing non‑uniform sanctions.","Schedule and appointment details: eligibility rules (members must be Australian lawyers of at least 5 years' standing for certain appointments), term lengths, grounds for removal and acting appointment provisions add administrative detail.","Regulation‑making power with broad scope and variable application (s26), which delegates future detail to subordinate instruments.","Evidence and certification rules: Registrar certificates are treated as evidence (s17(2)) and courts must take judicial notice of seals and official signatures (s4(4), s15(3)), creating evidentiary consequences."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a Business Licensing Authority (the Authority) as a corporate body with a seal, property and legal capacity (s4).  The stated primary purpose is to create and run the Authority (s1).\n- Sets how the Authority is made up and appointed (Chair, Deputy Chair and other members; some must be lawyers and at least one an engineer) and the terms of appointment (s5; Schedule).\n- Gives the Authority functions to administer licensing and registration provisions under a number of specific industry Acts (for example, the Professional Engineers Registration Act 2019, Estate Agents Act 1980, Motor Car Traders Act 1986, Conveyancers Act 2006, Owners Corporations Act 2006, Rooming House Operators Act 2016 and the Second‑Hand Dealers and Pawnbrokers Act 1989) and any other functions conferred on it (s6).\n- Confers general powers to do what is necessary to perform its functions, to use public sector staff, to engage consultants (including a named Chief Engineer for engineering matters) and to seek advice (ss7–8).\n- Creates a Registrar and Deputy Registrars employed under the Public Administration Act to keep registers, to correct register entries and to delegate functions (ss15–17,16).  The Director (the official defined under the Australian Consumer Law and Fair Trading Act 2012) may inspect registers free of charge (s17(3)).\n- Provides a process for individuals on registers to apply to restrict public access to their personal information; the Authority can restrict access where it finds \"exceptional circumstances\" and can release restricted information in the public interest, with a 28‑day notice to the person affected (s17A).  There is a right of review to VCAT (Victorian Civil and Administrative Tribunal) against decisions under s17A (s17B).\n- Preserves and places special limits on a historical register previously kept under the Sex Work Act 1994: that register is closed, only available to the Director and Authority staff, and is treated as an exempt document under the Freedom of Information Act (s17AB).\n- Imposes secrecy obligations on members, staff, consultants and persons using the Authority's services (with limited exceptions for legal proceedings, reporting to the Director, Tribunal, police, prescribed bodies and with consent). Penalties differ depending on the source of the information (s18).\n- Provides personal immunity to Authority members for acts or omissions done in good faith in exercising powers under this Act or linked business licensing Acts; any liability attaches to the Authority instead (s19).\n- Gives the Authority an urgent suspension power for licences or registration items administered through its remit: the Authority may issue a written suspension notice when it reasonably believes (i) the licensee has engaged in conduct that could lead to disciplinary action/prosecution, (ii) the conduct is likely to continue, and (iii) there is a danger of substantial harm unless urgent action is taken. Service of the notice has immediate effect; detailed service methods and review rights are set out (Part 3, ss20–25).\n- Allows the Governor in Council to make regulations to implement the Act (s26), and preserves certain regulations carried over from the Sex Work Act (s27).\n\nWho this affects\n\n- Businesses, individuals and representatives who hold licences or registrations covered by the business licensing Acts administered by the Authority (see s6 for the list of Acts).  Those licensees can be subject to urgent suspension (Part 3).\n- The Director, the Registrar and public servants whose services the Authority uses, plus consultants engaged by the Authority (ss7,8,15).\n- Members of the public who inspect registers or who seek restriction of personal information (ss17,17A).\n- Courts and VCAT, which have roles in review, extension and enforcement (ss23–25,24).\n\nWhy it matters (practical consequences and operational mechanics)\n\n- Centralises administration: licensing and registration functions for multiple, diverse sectors are consolidated under a single statutory Authority (s6).  That changes where decisions are made and who you deal with for licensing business.\n- Immediate interim removal power: the Authority can suspend licences immediately on service of a notice where urgent risk is found (s21).  That can stop a person or business operating before a tribunal or court hearing occurs; the suspension may lapse if no further action is taken within the statutory window (s23) or continue if proceedings are started or extended by the Tribunal or court (ss23–24).\n- Registers and privacy: the Act balances public access to registers (used by consumers and regulators) with a formal route to restrict personal information in exceptional cases and a mechanism for limited public‑interest releases with notice (s17A).  A historical sensitive register (sex work) is closed and access tightly restricted (s17AB).\n- Administrative discretion and delegation: broad delegation powers (s11, s16) and wide authority to engage staff/consultants (ss7–8) give the Authority operational flexibility but concentrate decision‑making within the Authority and its officers.\n- Accountability and review: people affected have a right to VCAT review against certain decisions (for example, review of restrictions on personal information (s17B) and review of suspension notices (s25)), which preserves an external review pathway.\n\nOfficial purpose claim and an operational test\n\n- The Act explicitly says its main purpose is to establish and operate the Business Licensing Authority (s1) and to administer licensing provisions of listed Acts (s6).  Mechanically, it does so by providing a corporate Authority, staff and registers, plus powers to suspend, delegate and regulate.\n- Costs and incentives implied by the mechanics:\n  - Who pays: the Authority will use public funds (s7(2) permits using public sector staff; Schedule and s15 show public appointments and Governor in Council set remuneration).  There is an administrative cost to set up and run the Authority and to staff registries and investigations.\n  - Who decides: appointment powers rest with the Governor in Council (s5), internal decisions rest with the Authority and delegated officers (ss9–11,16), and oversight/review rests with VCAT/courts (ss17B,23–25).\n  - Behaviour changes: licensees face quicker administrative interdiction risk (s21), so businesses may change conduct to avoid urgent suspension; regulated sectors must maintain compliance and may bear added administrative burden from centralised processes and register requirements.\n  - Trade‑offs and implementation risks: the Act gives broad discretion (delegation, consultants, restriction of public information) which improves operational responsiveness but can reduce predictability for regulated parties; coordination across many other Acts and offices (extensive cross‑referencing) increases implementation complexity (see s6 and the many defined links to other Acts).\n\nAreas to watch (practical friction points)\n\n- The urgent suspension power (Part 3) is powerful: it removes the right to operate immediately on service rather than after adjudication (s21(5)). VCAT review is available (s25) but the immediate practical impact on a business can be significant.\n- The Authority has broad discretion to restrict or release personal information from registers (s17A). The release power includes a mandatory 28‑day notice to the person concerned (s17A(5)–(6)).\n- Multiple cross‑references to other Acts and delegation chains (ss6,11,16) mean that parties need to consider a network of laws and administrative actors when assessing rights and compliance.\n\nRelevant sections cited: ss1–8,11–19,20–25,26–27, Schedule (appointments and terms)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain consistent with its original purpose of establishing the Business Licensing Authority as a Victorian regulatory body. No amendments or scope changes are evident from the metadata provided, though the truncated nature of the source material limits confident assessment."},"complexity_factors":["The legislation provided is severely truncated — only metadata, version history, and status indicators are visible, with no substantive operative provisions available for analysis","As an enabling/framework Act, it creates an institution rather than detailed regulatory rules, which is structurally simpler than substantive regulatory legislation","Interacts with multiple other Victorian licensing Acts, which adds some cross-referential complexity in practice","Minimal complexity in the text as presented — the true complexity may be understated due to incomplete source material"],"plain_english_summary":"The Act creates the Business Licensing Authority (BLA) in Victoria, giving it statutory structure, powers and responsibility to oversee and administer licences for certain regulated businesses.  \n\nIt affects business owners and licence applicants in those industries and matters because the BLA decides approvals, renewals and disputes — serving as the legal foundation for who may lawfully operate."}},"importantCases":[],"_links":{"self":"/api/acts/business-licensing-authority-act-1998","history":"/api/acts/business-licensing-authority-act-1998/history","analysis":"/api/acts/business-licensing-authority-act-1998/analysis","conflicts":"/api/acts/business-licensing-authority-act-1998/conflicts","importantCases":"/api/acts/business-licensing-authority-act-1998/important-cases","documents":"/api/acts/business-licensing-authority-act-1998/documents"}}