{"id":"a-2016-46","name":"Traders (Licensing) Act 2016","slug":"traders-licensing-act-2016","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"46 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24481,"registerId":"act-a-2016-46-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Traders (Licensing) Act 2016","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTraders (Licensing) Act 2016\nA2016-46\nRepublication No 4\nEffective: 5 January 2026\nRepublication date: 5 January 2026\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Traders (Licensing) Act 2016 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It\nalso includes any commencement, amendment, repeal or expiry affecting this republished law to\n5 January 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTraders (Licensing) Act 2016\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\nPart 2 Important concepts\n6 Meaning of operational Act 3\n7 Meaning of trader 3\n9 Meaning of motor vehicle dealer 3\n10 Meaning of motor vehicle repairer 4\n11 Meaning of motor vehicle wholesaler 4\n12 Meaning of pawnbroker 4\n13 Meaning of second-hand dealer 4\n14 Classes of traders 4\n\nContents\nPage\ncontents 2 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Traders licences\nDivision 3.1 Preliminary\n15 Definitions—pt 3 5\nDivision 3.2 About traders licences\n16 Licensable entity 6\n17 Eligibility of entity 6\n18 Suitability of entity 7\n19 Traders licence term and form 7\n20 Conditions for traders licence 8\n21 Exemption from licensing 9\nDivision 3.3 Licensing and licence management\n22 Licence application 9\n23 Licence issue 10\n24 Transfer application 10\n25 Transfer decision 11\n26 Renewal application 12\n27 Renewal decision 12\n28 Late renewal application 13\n29 Late renewal decision 14\n30 Temporary licence following death of licensee 14\n31 Amendment of licence 16\n32 Commissioner may request more information 16\n33 Issue of copy of licence 17\n34 Surrender of licence 17\n35 Surrender of licence during suspension 17\n36 Cancellation of licence issued by mistake 18\nDivision 3.4 Licence register\n37 Licence register 18\n38 Correcting register and keeping it up-to-date 19\nPart 4 Occupational discipline and other disciplinary\naction\n39 Meaning of licensee—pt 4 20\n40 Meaning of ground for occupational discipline—pt 4 20\n\nContents\nPage\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41 Application to ACAT for occupational discipline 21\n42 Considerations before making occupational discipline orders 21\n43 Information about cancellations etc to be given to corresponding\nauthorities 22\nPart 5 Offences\n44 Meaning of licensed—pt 5 24\n45 Carrying out licensed activity when not licensed 24\n46 False or misleading representations 24\n47 Failure to meet condition of licence 25\n48 Failure to surrender licence 25\nPart 6 Notification and review of decisions\n49 Meaning of reviewable decision—pt 6 26\n50 Reviewable decision notices 26\n51 Applications for review 26\nPart 7 Miscellaneous\n52 Determination of fees 27\n53 Regulation-making power 27\n54 Operation of Act with other rights etc 28\n55 Evidence of licensing 28\nSchedule 1 Reviewable decisions 29\nDictionary 30\nEndnotes\n1 About the endnotes 32\n2 Abbreviation key 32\n3 Legislation history 33\n4 Amendment history 34\n\nContents\nPage\ncontents 4 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications 36\n6 Expired transitional or validating provisions 36\n\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTraders (Licensing) Act 2016\nAn Act to regulate the licensing of traders, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Traders (Licensing) Act 2016.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘licensee, for part 4 (Occupational\ndiscipline and other disciplinary action)—see section 39.’ means that the\nterm ‘licensee’ is defined in that section for part 4.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nImportant concepts Part 2\nSection 6\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Important concepts\n6 Meaning of operational Act\nEach of the following is an operational Act:\n(a) the Fair Trading (Motor Vehicle Repair Industry) Act 2010;\n(b) the Pawnbrokers Act 1902;\n(c) the Sale of Motor Vehicles Act 1977;\n(d) the Second-hand Dealers Act 1906.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n7 Meaning of trader\nEach of the following (a trader category) is a trader:\n(a) motor vehicle dealer;\n(b) motor vehicle repairer;\n(c) motor vehicle wholesaler;\n(d) pawnbroker;\n(e) second-hand dealer.\n9 Meaning of motor vehicle dealer\nIn this Act:\nmotor vehicle dealer means a dealer under the Sale of Motor Vehicles\nAct 1977.\n\nPart 2 Important concepts\nSection 10\npage 4 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Meaning of motor vehicle repairer\n(1) In this Act:\nmotor vehicle repairer means an entity that carries on business as a\nmotor vehicle repairer if the entity performs motor vehicle repair\nwork for reward.\n(2) In this section:\nmotor vehicle repair work—see the Fair Trading (Motor Vehicle\nRepair Industry) Act 2010, dictionary.\n11 Meaning of motor vehicle wholesaler\nIn this Act:\nmotor vehicle wholesaler means a wholesaler under the Sale of Motor\nVehicles Act 1977.\n12 Meaning of pawnbroker\nIn this Act:\npawnbroker—see the Pawnbrokers Act 1902, dictionary.\n13 Meaning of second-hand dealer\nIn this Act:\nsecond-hand dealer—see the Second-hand Dealers Act 1906,\ndictionary.\n14 Classes of traders\nA regulation may divide a trader category into classes.\n\nTraders licences Part 3\nPreliminary Division 3.1\nSection 15\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Traders licences\nDivision 3.1 Preliminary\n15 Definitions—pt 3\n(1) In this part:\ninfluential person, for a corporation, means any of the following:\n(a) an executive officer of the corporation;\n(b) a person who may exercise a relevant power in relation to the\ncorporation;\n(c) a related corporation;\n(d) an executive officer of a related corporation.\ntrading address means the address of the premises where a trader\ncarries on a licensed activity.\ntrading name means the name under which a trader carries on a\nlicensed activity.\n(2) In this section:\nrelated corporation means a related body corporate under the\nCorporations Act.\nrelevant power, for a corporation, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) to elect or appoint a person as an executive officer in the\ncorporation; or\n(c) to exercise a significant influence in relation to the conduct of\nthe corporation.\n\nPart 3 Traders licences\nDivision 3.2 About traders licences\nSection 16\npage 6 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 About traders licences\n16 Licensable entity\nThe following entities may be licensed as a trader:\n(a) an individual;\n(b) a partnership;\n(c) a corporation;\n(d) an association declared under the Associations Incorporation\nAct 1991, section 15 and incorporated under that Act.\n17 Eligibility of entity\n(1) A regulation may provide eligibility requirements for an entity to be\nlicensed as a trader, including the qualifications the entity must have\nto be licensed.\n(2) A regulation may provide for how an entity may, or must, show that\nthe entity satisfies an eligibility requirement.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n(3) The Minister may declare that a class of corporation is only eligible\nto hold a licence if a stated number or percentage of individuals\ncarrying out a licensed activity for the corporation hold individual\nlicences to carry out the activity.\n(4) The Minister may only make a declaration if satisfied on reasonable\ngrounds the declaration is in the public interest.\n(5) A declaration is a disallowable instrument.\n\nTraders licences Part 3\nAbout traders licences Division 3.2\nSection 18\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Suitability of entity\nIn deciding whether an entity is a suitable entity to hold a licence, the\ncommissioner—\n(a) must consider the following:\n(i) suitability information about the entity, and each relevant\nperson for the entity, prescribed by regulation;\n(ii) any information given to the commissioner under\nsection 32 (Commissioner may request more information);\nand\n(b) may consider whether the premises where the entity intends to\ncarry out the licensed activity are—\n(i) suitable premises for carrying out the licensed activity; and\n(ii) premises that the entity is entitled to use.\n19 Traders licence term and form\n(1) A licence may be issued for up to 5 years.\n(2) A licence must state, in writing—\n(a) a unique identifying number for the licence; and\n(b) the licensee’s name; and\n(c) the licensee’s trading name; and\n(d) the trader category and trader class (if any) for which the licence\nis issued; and\n(e) the date of expiry for the licence; and\n(f) any condition that applies to the licence.\n\nPart 3 Traders licences\nDivision 3.2 About traders licences\nSection 20\npage 8 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Conditions for traders licence\n(1) A licence is subject to any condition—\n(a) required under an operational Act; or\n(b) imposed by the commissioner when issuing the licence or by\nwritten notice given to the licensee at any other time; or\n(c) prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters (see Legislation Act, s 48).\n(2) The commissioner may impose a condition on a licence at any time—\n(a) if satisfied on reasonable grounds the condition is in the public\ninterest; or\n(b) for a reason prescribed by regulation.\n(3) The commissioner must give the licensee written notice of the\ncondition.\n(4) A condition on a licence takes effect on the later of—\n(a) the day stated by the commissioner in the notice; or\n(b) if the applicant applies to the ACAT for a review of the\nimposition of the condition and the ACAT upholds the\ncondition—5 working days after the day the ACAT makes the\ndecision; or\n(c) 5 working days after the day the commissioner gives the licensee\nnotice.\n\nTraders licences Part 3\nLicensing and licence management Division 3.3\nSection 21\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Exemption from licensing\n(1) The commissioner may declare that an entity may carry out the\nactivities of a trader in a trader category or trader class without a\nlicence.\n(2) The commissioner may only make a declaration if the commissioner\nis satisfied that allowing the trader to trade without a licence is in the\npublic interest.\n(3) A declaration is a notifiable instrument.\nDivision 3.3 Licensing and licence management\n22 Licence application\n(1) An entity may apply to the commissioner for a licence as a trader in\na trader category or trader class.\n(2) An application may be made for a licence in more than 1 trader\ncategory or trader class.\n(3) The application must—\n(a) be in writing; and\n(b) state—\n(i) the applicant’s name; and\n(ii) the applicant’s trading name; and\n(iii) the applicant’s proposed trading address or addresses; and\n(c) include information to show the applicant is eligible to be\nlicensed in the trader category or class; and\n(d) include any information prescribed by regulation.\n\nPart 3 Traders licences\nDivision 3.3 Licensing and licence management\nSection 23\npage 10 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Licence issue\n(1) If an entity applies for a licence, the commissioner must, within the\ndecision-making period—\n(a) issue the licence; or\n(b) refuse to issue the licence.\nNote A licence may be issued with a condition (see s 20).\n(2) The licence may authorise the entity to carry on business in—\n(a) more than 1 trader category; and\n(b) more than 1 trader class.\n(3) The commissioner may issue the licence to the entity only if the\ncommissioner is satisfied—\n(a) about the identity of each relevant person for the entity; and\n(b) that the entity—\n(i) is eligible to hold the licence; and\n(ii) is a suitable entity to hold the licence.\n24 Transfer application\n(1) A licensee may apply to the commissioner to transfer a licence in a\nprescribed trader category or trader class to another entity (the\ntransferee).\n(2) An application must—\n(a) be in writing; and\n(b) include evidence to show that the licensee and transferee agree\nto the transfer; and\n\nTraders licences Part 3\nLicensing and licence management Division 3.3\nSection 25\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) state—\n(i) the transferee’s name; and\n(ii) the transferee’s trading name; and\n(iii) the transferee’s proposed trading address or addresses; and\n(d) include information to show the transferee is eligible to be\nlicensed in the trader category or class; and\n(e) include any information prescribed by regulation.\n25 Transfer decision\n(1) If a licensee applies to transfer a licence, the commissioner must,\nwithin the decision-making period—\n(a) approve the transfer; or\n(b) refuse to approve the transfer.\n(2) The commissioner may approve the transfer to the transferee only if\nthe commissioner is satisfied—\n(a) about the identity of a relevant person for the transferee; and\n(b) that the transferee—\n(i) is eligible to hold the licence; and\n(ii) is a suitable entity to hold the licence.\n(3) A transfer is subject to any condition—\n(a) required under an operational Act; or\n(b) if the commissioner is satisfied on reasonable grounds that\nimposing a condition is in the public interest—imposed by the\ncommissioner when approving the transfer; or\n\nPart 3 Traders licences\nDivision 3.3 Licensing and licence management\nSection 26\npage 12 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters (see Legislation Act, s 48).\n26 Renewal application\n(1) A licensee may apply, in writing, to the commissioner to renew the\nlicence up to 6 months before the licence expires.\n(2) The application must—\n(a) be in writing; and\n(b) include information to show the applicant remains eligible and\nsuitable to be licensed in the trader category or class; and\n(c) include any information prescribed by regulation.\n(3) If a licensee applies to renew a licence, the licence remains in force\nuntil the application is decided.\n27 Renewal decision\n(1) If a licensee applies to renew a licence, the commissioner must,\nwithin the decision-making period—\n(a) renew the licence; or\n(b) refuse to renew the licence.\n(2) However, if the commissioner has asked the licensee to do a thing in\nrelation to being a licensee, and the licensee has not yet done the\nthing, the commissioner must not renew the licence until the thing is\ndone.\nExamples—thing not done\n• pay a fee\n• provide information\n• condition of licence met\n\nTraders licences Part 3\nLicensing and licence management Division 3.3\nSection 28\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A licence may be renewed for up to 5 years.\n(4) The renewal of a licence—\n(a) starts immediately after the licence would have expired if it had\nnot been renewed; and\n(b) if there is a condition imposed on the licence—does not affect\nthe condition.\n(5) A renewal is subject to any condition—\n(a) required under an operational Act; or\n(b) if the commissioner is satisfied on reasonable grounds imposing\na condition is in the public interest—imposed by the\ncommissioner when approving the renewal; or\n(c) prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters (see Legislation Act, s 48).\n28 Late renewal application\n(1) This section applies if a licensee fails to apply to the commissioner to\nrenew the licence before the day the licence expires (the expiry day).\n(2) Within 1 year after the expiry day the licensee may apply to the\ncommissioner to renew the licence (a late renewal).\n(3) The application must—\n(a) be in writing; and\n(b) include information to show the applicant remains eligible and\nsuitable to be licensed in the trader category or class; and\n(c) include any information prescribed by regulation.\n\nPart 3 Traders licences\nDivision 3.3 Licensing and licence management\nSection 29\npage 14 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If a licensee applies for a late renewal, the licence remains in force\nbut is taken to be suspended for the period between the expiry day\nand the day the renewal decision is made.\n29 Late renewal decision\n(1) If a licensee applies for a late renewal, the commissioner must, within\nthe decision-making period—\n(a) renew the licence; or\n(b) refuse to renew the licence.\n(2) However, if the commissioner has asked the licensee to do a thing in\nrelation to being a licensee, and the licensee has not yet done the\nthing, the commissioner must not renew the licence until the thing is\ndone.\n(3) A licence may be renewed for up to 5 years.\n(4) The renewal of a licence starts on the day the renewal decision is\nmade.\n(5) If a condition is imposed on the licence, late renewal does not affect\nthe condition.\n30 Temporary licence following death of licensee\n(1) This section applies if—\n(a) a licensee dies; and\n(b) an entity is, is named as, or is otherwise entitled to become, a\nlegal personal representative of the deceased licensee (an\neligible personal legal representative).\n(2) The entity may apply to the commissioner for authorisation to carry\non the business of the deceased licensee for a period of not longer\nthan 6 months.\n\nTraders licences Part 3\nLicensing and licence management Division 3.3\nSection 30\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The application must—\n(a) be in writing; and\n(b) be made within—\n(i) 28 days after the death of the licensee; or\n(ii) a longer period agreed by the commissioner; and\n(c) state the applicant’s name; and\n(d) include information to show the applicant is eligible to be\nlicensed in the trader category or class; and\n(e) include evidence to show the applicant is an eligible personal\nlegal representative; and\n(f) state the period, not longer than 6 months after the date of death\nof the deceased licensee, for which the authorisation is sought;\nand\n(g) include any information prescribed by regulation.\n(4) The commissioner may authorise the applicant to carry on the\ndeceased licensee’s business only if the commissioner is satisfied the\napplicant is—\n(a) eligible and suitable to be licensed in the trader category or class\nfor which the deceased licensee was licensed; and\n(b) an eligible personal legal representative of the deceased\nlicensee.\n(5) An entity authorised to carry on the business of the deceased\nlicensee—\n(a) is taken to be the licensee of the deceased licensee’s licence for\nthe period for which the authorisation is approved; and\n(b) must carry on the business with the same trading name and\ntrading address.\n\nPart 3 Traders licences\nDivision 3.3 Licensing and licence management\nSection 31\npage 16 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31 Amendment of licence\n(1) If the commissioner becomes aware that 1 or more of the following\nchange, the commissioner may amend a licensee’s licence to reflect\nthe change:\n(a) the licensee’s name;\n(b) the licensee’s trading name;\n(c) a trading address for the licensee;\n(d) a condition that applies to the licence.\n(2) The commissioner may also amend the licence at any time, at the\nrequest of the licensee or otherwise, if the commissioner believes on\nreasonable grounds the amendment is necessary.\n32 Commissioner may request more information\n(1) This section applies to—\n(a) an application for a licence under section 22; and\n(b) an application to transfer a licence under section 24; and\n(c) an application to renew a licence under section 26; and\n(d) an application for a late renewal of a licence under section 28;\nand\n(e) an application for a temporary licence under section 30; and\n(f) a request to amend a licence under section 31.\n(2) The commissioner may ask an applicant to give the commissioner,\nwithin a stated reasonable time, information about the applicant or a\nrelevant person for the applicant that the commissioner reasonably\nneeds to decide the application.\n(3) If the applicant does not comply with a requirement in the request,\nthe commissioner may refuse to consider the application further.\n\nTraders licences Part 3\nLicensing and licence management Division 3.3\nSection 33\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Issue of copy of licence\nThe commissioner may issue a licensed trader with a copy of the\ntrader’s licence if the commissioner is satisfied the licence—\n(a) is in force; and\n(b) has been lost or destroyed.\n34 Surrender of licence\n(1) A licensee may surrender the licensee’s licence to the commissioner\nbefore the licence expires by giving the commissioner—\n(a) a written statement that the licensee surrenders the licence; and\n(b) for a physical licence—the licence.\n(2) The licence is cancelled on the day stated by the commissioner after\nreceiving—\n(a) the written statement; and\n(b) for a physical licence—the licence.\n(3) The commissioner must tell the former licensee, in writing, the day\non which the licence is cancelled.\n35 Surrender of licence during suspension\n(1) This section applies if a licensee’s licence is suspended.\n(2) The licensee must surrender the licensee’s licence to the commission\nfor the period of the suspension.\nNote It is an offence not to surrender the licence within 7 days of the licence\nbeing suspended (see s 48(2)).\n(3) The commissioner must return the licensee’s licence within 10\nbusiness days after the end of the suspension.\n\nPart 3 Traders licences\nDivision 3.4 Licence register\nSection 36\npage 18 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 Cancellation of licence issued by mistake\n(1) This section applies to a licence that was issued by mistake.\n(2) The commissioner may cancel the licence.\n(3) The licence is cancelled on the day stated by the commissioner.\n(4) The commissioner must tell the former licensee, in writing, the day\non which the licence is cancelled.\nDivision 3.4 Licence register\n37 Licence register\n(1) The commissioner must keep a register of licences.\n(2) The register may include information about licences given to the\ncommissioner under this Act and any other information the\ncommissioner considers appropriate.\n(3) The register may be kept in any form, including electronically, that\nthe commissioner decides.\n(4) The register may be kept in 1 or more parts, as the commissioner\nconsiders appropriate.\n(5) The commissioner must make the following information in the\nregister about a licensee available for public inspection:\n(a) the licensee’s trading name;\n(b) if the licensee is an individual—the individual’s name;\n(c) if the licensee is a partnership—the name of each partner;\n(d) the trader category and class (if any) for which the licensee is\nlicensed;\n(e) if the licensee has an Australian business number (an ABN)—\nthe ABN;\n\nTraders licences Part 3\nLicence register Division 3.4\nSection 38\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) if the licensee has an Australian company number (an ACN)—\nthe ACN;\n(g) if the licensee is an association—the association’s unique\nidentifying number (if any);\n(h) whether the licensee’s licence is subject to a condition;\n(i) whether the licensee’s licence is suspended;\n(j) the date the licensee’s licence expires;\n(k) information prescribed by regulation.\nNote The Commissioner must comply with the Territory privacy principles\nunder the Information Privacy Act 2014.\nExample\nthe information may be available on a website\n38 Correcting register and keeping it up-to-date\n(1) The commissioner may correct a mistake, error or omission in the\nregister.\n(2) The commissioner may change a detail included in the register to\nkeep the register up-to-date.\n\nPart 4 Occupational discipline and other disciplinary action\nSection 39\npage 20 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Occupational discipline and\nother disciplinary action\n39 Meaning of licensee—pt 4\nIn this part:\nlicensee includes a former licensee.\n40 Meaning of ground for occupational discipline—pt 4\n(1) For this part, each of the following is a ground for occupational\ndiscipline in relation to a licensee:\n(a) the licensee gave information to the commissioner in relation to\n1 of the following that was false or misleading in a material\nparticular:\n(i) an application for a licence under section 22;\n(ii) an application to transfer a licence under section 24;\n(iii) an application to renew a licence under section 26;\n(iv) an application for a late renewal of a licence under\nsection 28;\n(v) an application for a temporary licence under section 30;\n(b) the licensee is no longer eligible for the licensee’s licence;\n(c) the licensee, or a relevant person for the licensee, is no longer\nsuitable for the licensee’s licence;\n(d) the licensee has contravened, or is contravening, this Act or an\noperational Act, whether or not the licensee has been convicted\nor found guilty of an offence for the contravention;\n\nOccupational discipline and other disciplinary action Part 4\nSection 41\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the licensee has contravened, or is contravening, a territory law\n(other than this Act or an operational Act) or a law of the\nCommonwealth, a State or another Territory, whether or not the\nlicensee has been convicted or found guilty of an offence for the\ncontravention;\n(f) the licensee has contravened, or is contravening, an order of the\nACAT in relation to being a trader;\n(g) the licensee has contravened, or is contravening a condition of\nthe licence;\n(h) the licence was obtained by fraud;\n(i) a ground prescribed by regulation.\n(2) A ground for occupational discipline applies to a former licensee if\nthe ground applied to the licensee while licensed.\n41 Application to ACAT for occupational discipline\nIf the commissioner believes on reasonable grounds that a ground for\noccupational discipline exists in relation to a licensee, the\ncommissioner may apply to the ACAT for an occupational discipline\norder in relation to the licensee.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out\noccupational discipline orders the ACAT may make.\n42 Considerations before making occupational discipline\norders\n(1) This section applies if the ACAT is considering an application for\noccupational discipline in relation to a licensee.\n(2) Without limiting the matters the ACAT must consider in relation to\nthe licensee, the ACAT must consider the following:\n(a) the degree of responsibility of the licensee for the act or\nomission that made up the ground for occupational discipline;\n\nPart 4 Occupational discipline and other disciplinary action\nSection 43\npage 22 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the extent to which it is necessary to discourage the licensee and\nothers from doing something, or not doing something, that made\nup the disciplinary ground;\n(c) whether, and the extent to which, it is necessary to protect the\npublic from the licensee;\n(d) the desirability of making the licensee responsible for the\nconsequences of the licensee’s actions or omissions;\n(e) the desirability of maintaining public confidence in the\nregulatory system set up by this Act.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out\nother considerations that must be taken into account by the ACAT.\n43 Information about cancellations etc to be given to\ncorresponding authorities\n(1) This section applies if the ACAT cancels or suspends a licensee’s\nlicence or disqualifies a licensee from applying for a licence.\n(2) The commissioner may give the corresponding authority of each State\nthe following information about the licensee:\n(a) the name and any other identifying details of the licensee;\n(b) a short description of the ground for occupational discipline on\nwhich the occupational discipline order was based;\n(c) whether the licence has been cancelled or suspended or the\nlicensee disqualified;\n(d) if the licence has been suspended—the period of suspension;\n(e) if the licensee has been disqualified—the period of\ndisqualification.\n(3) This section does not limit any other requirement or power, under this\nAct or another law in force in the ACT, to give information to an\nentity in another jurisdiction.\n\nOccupational discipline and other disciplinary action Part 4\nSection 43\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\ncorresponding authority, of a State, means the entity responsible in\nthe State for regulation of the trader category or class equivalent to\nthe trader category or class for which the licensee is, or was, licensed.\n\nPart 5 Offences\nSection 44\npage 24 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Offences\n44 Meaning of licensed—pt 5\nFor this part, a person is not licensed if the person’s licence is\nsuspended, cancelled or expired.\n45 Carrying out licensed activity when not licensed\n(1) A person commits an offence if the person—\n(a) carries out a licensed activity; and\n(b) is not licensed to carry out the licensed activity.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if the person—\n(a) carries out a licensed activity at premises; and\n(b) does not hold a licence authorising the person to carry out the\nlicensed activity at the premises.\nMaximum penalty: 50 penalty units.\n(3) This section does not apply to a trader declared by the commissioner\nunder section 21 to be exempt from holding a licence.\n46 False or misleading representations\n(1) A person commits an offence if the person—\n(a) represents that the person is licensed to carry out a licensed\nactivity; and\n(b) is not licensed to carry out the licensed activity.\nMaximum penalty: 50 penalty units.\n(2) This section does not apply to a trader declared by the commissioner\nunder section 21 to be exempt from holding a licence.\n\nOffences Part 5\nSection 47\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Failure to meet condition of licence\n(1) A person commits an offence if—\n(a) the person is licensed to carry out a licensed activity; and\n(b) the licence is subject to a condition; and\n(c) the person carries out the licensed activity in a way that fails to\ncomply with the condition.\nMaximum penalty: 50 penalty units.\n(2) This section does not apply to a trader declared by the commissioner\nunder section 21 to be exempt from holding a licence.\n48 Failure to surrender licence\n(1) A person commits an offence if—\n(a) the person’s licence is cancelled; and\n(b) the person fails to surrender the person’s licence to the\ncommissioner within 7 days of the cancellation.\nMaximum penalty: 20 penalty units.\n(2) A person commits an offence if—\n(a) the person’s licence is suspended; and\n(b) the person fails to surrender the person’s licence to the\ncommissioner within 7 days of the suspension.\nMaximum penalty: 20 penalty units.\n(3) This section does not apply if the person has a reasonable excuse.\n\nPart 6 Notification and review of decisions\nSection 49\npage 26 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Notification and review of\ndecisions\n49 Meaning of reviewable decision—pt 6\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n50 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n51 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 7\nSection 52\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n52 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n53 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) licences;\n(b) the keeping of a register, including the particulars that must or\nmay be entered in the register;\n(c) the supervision of licensees’ activities.\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for offences.\n(4) A regulation may adopt an Australian Standard as in force from time\nto time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(5) The Legislation Act, section 47 (6) does not apply to an Australian\nStandard mentioned in subsection (4).\n\nPart 7 Miscellaneous\nSection 54\npage 28 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n54 Operation of Act with other rights etc\n(1) This Act does not limit or affect a legal right a person would have had\nif this Act had not been made.\n(2) A term of an agreement, other than an agreement between a licensee\nand a corporation, that attempts to do 1 or more of the following is\nvoid:\n(a) exclude or limit the operation of this Act;\n(b) prevent a right of action for failure to comply with this Act;\n(c) prevent a defence for failure to comply with this Act.\n55 Evidence of licensing\nA document signed by the commissioner stating the period or periods\nduring which an entity was licensed under this Act is evidence of\nwhether the entity was, or was not, licensed on a day or during a\nperiod.\n\nReviewable decisions Schedule 1\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 6)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 20 (2) imposition of condition • applicant for licence\n• licensee\n2 21 (1) exemption from\nholding licence\n3 23 (1) (b) refuse to issue licence applicant for licence\n4 25 (1) (b) refuse to approve\ntransfer of licence\n• licensee\n• transferee\n5 25 (3) imposition of condition\non transfer\ntransferee\n6 27 (1) (b) refuse to renew licence licensee\n7 29 (1) (b) refuse to renew licence licensee\n8 30 (4) refusal to authorise\ntemporary licence\neligible personal legal\nrepresentative\n9 31 (2) refuse to amend\nlicence\nlicensee\n10 32 (3) refuse to further\nconsider application\n• applicant for licence\n• licensee\n• transferee\n\nDictionary\npage 30 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Australian Standard (see s 164 (1))\n• commissioner for fair trading\n• Corporations Act\n• entity\n• fail\n• occupational discipline order\n• reviewable decision notice\n• working day.\ncommissioner means the commissioner for fair trading.\ndecision-making period means—\n(a) 60 days; or\n(b) if a period is prescribed by regulation for a certain decision—\nthe period prescribed.\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nground for occupational discipline, for part 4 (Occupational\ndiscipline and other disciplinary action)—see section 40.\ninfluential person, for a corporation, for part 3 (Traders licences)—\nsee section 15.\nlicensee, for part 4 (Occupational discipline and other disciplinary\naction)—see section 39.\nlicensed, for part 5 (Offences)—see section 44.\nmotor vehicle dealer—see section 9.\n\nDictionary\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmotor vehicle repairer—see section 10.\nmotor vehicle wholesaler—see section 11.\noperational Act—see section 6.\npawnbroker—see section 12.\nrelevant person, for an entity, means—\n(a) if the entity is an individual—\n(i) the individual; and\n(ii) if the individual is also a partner in a partnership—another\npartner of the partnership; or\n(b) if the entity is a partnership—a partner of the partnership; or\n(c) if the entity is a corporation—an executive officer of the\ncorporation; or\n(d) if the entity is an association—an office bearer for the\nassociation.\nreviewable decision, for part 6 (Notification and review of\ndecisions)—see section 49.\nsecond-hand dealer—see section 13.\nsuitable entity, to hold a licence, for part 3 (Traders licences)—see\nsection 18.\ntrader—see section 7.\ntrader category—see section 7.\ntrading address, for part 3 (Traders licences)—see section 15.\ntrading name, for part 3 (Traders licences)—see section 15.\ntransferee—see section 24.\n\nEndnotes\n1 About the endnotes\npage 32 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nTraders (Licensing) Act 2016 A2016-46\nnotified LR 22 August 2016\ns 1, s 2 commenced 22 August 2016 (LA s 75 (1))\nremainder commenced 22 August 2017 (s 2 (2))\nas amended by\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 13\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 13 commenced 2 October 2018 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.177\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.177 commenced 5 January 2026 (s 2 (8))\n\nEndnotes\n4 Amendment history\npage 34 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMeaning of trader\ns 7 am A2018-33 s 116; pars renum R2 LA\nMeaning of car market operator\ns 8 om A2018-33 s 117\nEligibility of entity\ns 17 am A2025-29 amdt 4.179\nExemption from licensing\ns 21 am A2025-29 amdt 4.179\nLicence application\ns 22 am A2025-29 amdt 4.179\nTransfer application\ns 24 am A2025-29 amdt 4.179\nRenewal application\ns 26 am A2025-29 amdt 4.179\nLate renewal application\ns 28 am A2025-29 amdt 4.179\nTemporary licence following death of licensee\ns 30 am A2025-29 amdt 4.179\nSurrender of licence\ns 34 am A2025-29 amdt 4.179\nReviewable decision notices\ns 50 am A2025-29 amdt 4.179\nApplications for review\ns 51 am A2025-29 amdt 4.179\nDetermination of fees\ns 52 am A2025-29 amdt 4.179\nRepeal and consequential amendments\npt 8 hdg om LA s 89 (3)\nRepeal of Sale of Motor Vehicles Regulation 1977\ns 56 om LA s 89 (3)\nLegislation amended—sch 2\ns 57 om LA s 89 (3)\nTransitional\npt 20 hdg exp 22 August 2019 (s 157)\n\nEndnotes\nAmendment history 4\nR4\n05/01/26\nTraders (Licensing) Act 2016\nEffective: 05/01/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDefinitions—pt 20\ns 150 exp 22 August 2019 (s 157)\ndef commencement day exp 22 August 2019 (s 157)\ndef operational Act licence am A2018-33 s 118; pars renum\nR2 LA\nexp 22 August 2019 (s 157)\nCurrent trader remains licensed\ns 151 exp 22 August 2019 (s 157)\nApplications under operational Act\ns 152 exp 22 August 2019 (s 157)\nApplication by former licensee\ns 153 exp 22 August 2019 (s 157)\nOccupational discipline\ns 154 exp 22 August 2019 (s 157)\nReview of decision\ns 155 exp 22 August 2019 (s 157)\nTransitional regulations\ns 156 exp 22 August 2019 (s 157)\nExpiry—pt 20\ns 157 exp 22 August 2019 (s 157)\nConsequential amendments\nsch 2 om LA s 89 (3)\nDictionary\ndict def car market operator om A2018-33 s 119\n\nEndnotes\n5 Earlier republications\npage 36 Traders (Licensing) Act 2016\nEffective: 05/01/26\nR4\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n22 Aug 2017\n22 Aug 2017–\n1 Oct 2018\nnot amended new Act\nR2\n2 Oct 2018\n2 Oct 2018–\n22 Aug 2019\nA2018-33 amendments by\nA2018-33\nR3\n23 Aug 2019\n23 Aug 2019–\n4 Jan 2026\nA2018-33 expiry of\ntransitional\nprovisions (pt 20)\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act continues to focus on licensing and regulation of the same trader categories named in the original instrument (motor vehicle dealers, repairers, wholesalers, pawnbrokers and second‑hand dealers). Amendments recorded in the history (notably the Red Tape Reduction amendments in 2018 and the Statute Law Amendment in 2025) adjust administrative and procedural matters — for example, clarifying eligibility procedures, exemption powers, application and renewal mechanics, temporary licence rules after a licensee’s death, and notification/review procedures (see amendment history). These changes refine how the licensing regime operates and increase or clarify administrative discretion, but they do not materially expand the Act’s subject matter beyond its original purpose of establishing and regulating trader licensing. The practical scope (who is covered and the regulatory tools available) remains the same; the modernisation/modification is mainly procedural and administrative (see s 17 am, s 21 am, s 22 am, s 24 am, s 26 am, s 28 am, s 30 am, s 34 am, s 50 am, s 51 am, s 52 am as listed in the amendment history)."},"complexity_factors":["Relatively short primary Act (7 Parts, Schedule and Dictionary) but multiple delegated powers to make regulations and fee determinations (s 52–53) that will contain substantive detail.","About 20 defined terms in the dictionary and key definitions inside Parts (e.g. \"influential person\", \"relevant person\", \"decision‑making period\") creating multiple cross‑references between sections and the dictionary (dictionary + s 15; see dictionary list).","Multiple decision pathways with similar but distinct procedures: issue, transfer, renewal, late renewal and temporary licence (ss 23–30), each with its own timing and effect rules.","Discretionary powers used in several places (commissioner may impose conditions at any time s 20; may declare exemptions s 21; Minister may declare corporate eligibility thresholds s 17(3)), producing conditional outcomes dependent on administrative choices.","Interaction with other ‘operational Acts’ (s 6) and external tribunals (ACAT) and inter‑jurisdictional reporting (s 41, s 43), which increases cross‑legislative complexity.","Schedule 1 contains a compact list of reviewable decisions but those items cross‑link to many sections, requiring tracing for review rights.","Several offence provisions with differing maximum penalties and specific obligations (ss 45–48) that practitioners must separate by context (licensed, unlicensed, surrender, representation)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a licensing regime for certain trader categories: motor vehicle dealers, motor vehicle repairers, motor vehicle wholesalers, pawnbrokers and second‑hand dealers (see s 7, s 9–13).\n- Gives the Commissioner for Fair Trading responsibility for issuing, refusing, renewing, transferring, amending and cancelling licences, keeping a public register and enforcing licence conditions (see s 23, s 26–29, s 31, s 36–38, s 20).\n- Sets basic rules about who can be licensed (individual, partnership, corporation, certain incorporated associations) and allows regulations to set eligibility requirements and evidence requirements (see s 16–17).\n- Requires the commissioner to be satisfied an applicant (and relevant persons connected to the applicant) are identified, eligible and suitable before issuing or transferring a licence; the commissioner may ask for further information and may refuse to consider an application if information is not provided (see s 23(3), s 18, s 32).\n- Licences run for up to 5 years and may be issued with conditions; the commissioner may impose conditions when issuing or later if satisfied it is in the public interest (see s 19–20).\n- Provides for renewals, late renewals (within 1 year), temporary licences after a licensee's death (short term authorisation), and transfer of licences to new entities, with the same eligibility/suitability tests applying (see s 24–30).\n- Allows the commissioner to declare that a particular trader (or class of traders) is exempt from licensing (s 21). The Minister can declare that a class of corporation is only eligible where a stated proportion of individuals performing the activity hold individual licences (s 17(3)–(5)).\n- Creates offences for carrying out a licensed activity without a licence, falsely claiming to be licensed, breaching licence conditions and failing to surrender a licence when required; penalties are expressed in penalty units (see s 45–48; penalty‑unit value set under the Legislation Act is noted in the republished Act).\n- Gives the commissioner power to apply to ACAT (the ACT Civil and Administrative Tribunal) for occupational discipline against licensees where specified grounds exist (for example false information, ineligibility, contraventions of the Act or operational Acts) and sets matters ACAT must consider (see s 40–42). ACAT may cancel, suspend or disqualify and the commissioner may inform corresponding authorities in other jurisdictions (s 43).\n- Provides for review rights: a list of reviewable decisions is in Schedule 1 and affected persons may apply to ACAT for review; officials must notify affected parties of reviewable decisions (see pt 6, sch 1, s 50–51).\n- Gives the Executive a broad regulation‑making power to fill in eligibility rules, register particulars, supervision details and to create minor offences; the Minister may determine fees (see s 52–53).\n\n**Who it affects\n\n- Businesses and individuals who buy, sell, repair or wholesale motor vehicles in the ACT, pawnbrokers and second‑hand dealers (s 7, s 9–13).\n- Entities that act as licensees: individuals, partnerships, corporations and eligible incorporated associations (s 16).\n- People with managerial, executive or related roles in corporate licensees (defined as \"relevant persons\" and \"influential persons\" in s 15 and the dictionary) because the commissioner assesses their suitability (s 18, dictionary entries).\n- The Commissioner for Fair Trading and the Minister, who have decision and regulation powers (multiple sections including s 17, s 20, s 21, s 23).\n- ACAT (as the review and discipline tribunal) and corresponding regulator authorities in other States (s 41, s 43).\n\n**Why it matters (claimed purpose, then practical trade‑offs and implementation effects)\n\n- The Act’s stated object is to regulate licensing of traders and related matters (title and structure). The mechanical effect is to create a gatekeeping and oversight system: licencing authorises people to carry on particular trader activities, and the regime provides tools to set conditions, discipline licensees and publish licence status (see Parts 3–5).\n\n- Who pays and bears costs: applicants and licensees bear the direct compliance costs (application paperwork, evidence of eligibility, fees determined by the Minister—s 17(2), s 22(3)(c), s 52) and the risk of administrative action (conditions, suspension, cancellation). Businesses may also face indirect costs such as time off trade during suspension (s 29(4) and s 35) and record‑keeping obligations tied to the public register (s 37–38).\n\n- Who decides and how discretion is deployed: the commissioner has significant administrative discretion—setting and imposing conditions (s 20), granting exemptions (s 21), asking for more information and refusing to consider applications that do not comply (s 32), and approving transfers and renewals subject to suitability checks (s 25–29). The Minister also has a targeted power to require a corporate class to meet individual licensing thresholds (s 17(3)–(5)). This discretion means regulatory outcomes depend on administrative choices and policies as implemented by the Commissioner and by regulations made under s 53.\n\n- Incentives and behaviour changes: the legal requirement to hold a licence to carry out trader activities (s 45) creates an incentive for businesses to obtain and maintain licences and for managers to ensure compliance. The potential for conditions, disciplinary action and public listing on the register creates ongoing compliance incentives. The exemption power (s 21) allows some participants to operate without a licence where the commissioner considers it in the public interest, creating scope for different regulatory treatment of subgroups.\n\n- Concentrated benefits, diffuse costs and regulatory risk: licence holders gain exclusive legal entitlement to carry out activities in a regulated form (benefit concentrated among licensees). The costs (fees, administrative burden) are dispersed across all participants. The Act’s discretionary powers (especially exemptions, conditions and ministerial declarations about corporate eligibility—s 21 and s 17(3)) create mechanisms through which particular firms or sectors could seek preferential treatment; the statute establishes the mechanism (discretion) but not the outcomes.\n\n- Trade‑offs and opportunity costs: the regime prioritises consumer and operational oversight (s 20 and pt 4 disciplinary scheme) at the cost of added compliance for traders and administrative resourcing for the regulator. Rules that allow the commissioner to impose conditions at any time (s 20(2)) and to demand information (s 32) increase regulatory flexibility but also increase uncertainty for businesses about operating requirements.\n\n- Implementation and enforcement risks: the scheme requires active administration (identity and suitability checks, register maintenance, inter‑jurisdictional notifications—s 43). Its effectiveness depends on the Commissioner’s operational capacity and the content of regulations and fee determinations. Where the Act leaves details to regulation (s 17, s 20, s 53), outcomes depend on subordinate instruments which may change the practical burden.\n\nReferences to key provisions: eligibility and who may be licensed (ss 16–18); licence terms and conditions (ss 19–20); exemptions (s 21); applications, transfer, renewal and temporary licences (ss 22–31); register (ss 37–38); disciplinary grounds and ACAT process (ss 40–43); offences and penalties (ss 44–48); review and notifications (pt 6, sch 1); regulation and fees (ss 52–53).\n"},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original scope as a centralised licensing framework for specific trader categories. The 2018 amendments removed 'car market operators' from the regime (simplifying the scope), and the 2025 amendments appear to be minor procedural updates. The transitional provisions (Part 20) expired as scheduled in 2019. The Act remains focused on its core purpose of consolidated licensing without significant scope creep."},"complexity_factors":["Moderate cross-referencing: The Act relies heavily on four 'operational Acts' (Fair Trading (Motor Vehicle Repair Industry) Act 2010, Pawnbrokers Act 1902, Sale of Motor Vehicles Act 1977, Second-hand Dealers Act 1906) for substantive definitions and rules, meaning the full regulatory picture requires reading multiple statutes","Defined terms: Approximately 15-20 defined terms in the Dictionary plus signpost definitions scattered through the Act (e.g., 'licensee' has different meanings for different Parts)","Conditional logic: Multiple nested conditions for licensing decisions (eligibility + suitability + identity verification + public interest tests)","Administrative procedures: Detailed procedural requirements for applications, transfers, renewals, late renewals, and temporary licences following death, each with specific timing rules and documentary requirements","Review mechanisms: Schedule 1 creates a table of 10 reviewable decisions with specific notification requirements, adding procedural complexity","Regulatory delegation: Significant substantive detail left to regulations (eligibility requirements, fees, register particulars, additional grounds for discipline), meaning the Act is incomplete without subordinate legislation"],"plain_english_summary":"This Act establishes a single licensing regime in the ACT for businesses dealing in motor vehicles and second‑hand goods—covering motor vehicle dealers, repairers, wholesalers, pawnbrokers and second‑hand dealers. Applicants are vetted for suitability; licences run up to five years, can carry conditions, appear on a public register, and may be suspended or cancelled by the Commissioner or ACAT.\n\nIt creates offences for unlicensed or misleading trading and allows interstate information sharing to stop rogue operators, strengthening consumer protection."}},"importantCases":[],"_links":{"self":"/api/acts/traders-licensing-act-2016","history":"/api/acts/traders-licensing-act-2016/history","analysis":"/api/acts/traders-licensing-act-2016/analysis","conflicts":"/api/acts/traders-licensing-act-2016/conflicts","importantCases":"/api/acts/traders-licensing-act-2016/important-cases","documents":"/api/acts/traders-licensing-act-2016/documents"}}