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2228 GOVERNMENT GAZETTE, WA 17 March 2022 (viii) the selling or hiring or the offering for sale or hire of— (i) goods by a person who represents a manufacturer of the goods; or (ii) services by a person who represents a provider of the services, which are only sold directly to consumers and not through a shop. 6.2 Stallholder’s permit (1) A person shall not conduct a stall on a public place unless that person is— (a) the holder of a valid stallholder’s permit; or (b) an assistant specified in a valid stallholder’s permit. (2) Every application for a stallholder’s permit shall— (a) state the full name and address of the applicant; (b) specify the proposed number of assistants to be engaged by the applicant in conducting the stall, as well as their names and addresses if already engaged; (c) specify the proposed location of the stall; (d) specify the period of time for which the permit is sought, together with the proposed days and hours of operation; (e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the stall; and (f) be accompanied by an accurate plan and description of the proposed stall. 6.3 Trader’s permit (1) A person shall not carry on trading unless that person is— (a) the holder of a valid trader’s permit; or (b) an assistant specified in a valid trader’s permit. (2) Every application for a trader’s permit shall— (a) state the full name and address of the applicant; (b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading, as well as their names and addresses if already engaged; (c) specify the location or locations in which the applicant proposes to trade; (d) specify the period of time for which the permit is sought, together with the proposed days and hours of trading; (e) specify the proposed goods or services which will be traded; and (f) be accompanied by an accurate plan and description of any proposed structure or vehicle which may be used by the applicant in trading. 6.4 No permit required to sell newspaper Notwithstanding any other provision of this local law, a person who sells, or offers for sale, a newspaper only is not required to obtain a permit. 6.5 Relevant considerations in determining application for permit (1) In determining an application for a permit for the purposes of this Division, the local government is to have regard to— (a) any relevant policies of the local government; (b) the desirability of the proposed activity; (c) the location of the proposed activity; (d) the principles set out in the Competition Principles Agreement; and (e) such other matters as the local government may consider to be relevant in the circumstances of the case. (2) The local government may refuse to approve an application for a permit under this Division on any one or more of the following grounds— (a) that the applicant has committed a breach of any provision of this local law or of any written law relevant to the activity in respect of which the permit is sought; or (b) that— (i) the applicant is an undischarged bankrupt or is in liquidation; (ii) the applicant has entered into any composition or arrangement with creditors; or (iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been appointed in relation to any part of the applicant’s undertakings or property.

17 March 2022 GOVERNMENT GAZETTE, WA 2229 6.6 Conditions of permit (1) If the local government approves an application for a permit under this Division subject to conditions, those conditions may include— (a) the place, the part of the district, or the thoroughfare to which the permit applies; (b) the days and hours during which a permit holder may conduct a stall or trade; (c) the number, type, form and construction, as the case may be, of any stand, table, structure or vehicle which may be used in conducting a stall or in trading; (d) the goods or services in respect of which a permit holder may conduct a stall or trade; (e) the number of persons and the names of persons permitted to conduct a stall or trade; (f) the requirement for personal attendance at the stall or the place of trading by the permit holder and the nomination of assistants, nominees or substitutes for the permit holder; (g) whether and under what terms the permit is transferable; (h) any prohibitions or restrictions concerning the— (i) causing or making of any noise or disturbance which is likely to be a nuisance to persons in the vicinity of the permit holder; (ii) the use of amplifiers, sound equipment and sound instruments; (iii) the use of signs; and (iv) the use of any lighting apparatus or device; (i) the manner in which the permit holder’s name and other details of a valid permit are to be displayed; (j) the care, maintenance and cleansing of the stall or any structure used for trading and the place of the stall or any structure; (k) the vacating of the place of a stall or trading when the stall is not being conducted or trading is not being carried on; (l) the acquisition by the stallholder or trader of public risk insurance; (m) the period for which the permit is valid; and (n) the designation of any place or places where trading is wholly or from time to time prohibited by the local government. (2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply with this local law, the local government may at the request of that permit holder authorise another person to be a nominee of the permit holder for a specified period, and this local law and the conditions of the permit shall apply to the nominee as if he or she was the permit holder. 6.7 Exemptions from requirement to pay fee or to obtain a permit charitable organisation means an institution, association, club, society or body whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and from which any member does not receive any pecuniary profit except where the member is an employee or the profit is an honorarium; and commercial participant means any person who is involved in operating a stall or in conducting any trading activity for personal gain or profit. (2) The local government may waive any fee required to be paid by an applicant for a stallholder’s permit or a trader’s permit on making an application for or on the issue of a permit, or may return any such fee which has been paid, if the stall is conducted or the trading is carried on— (a) on a portion of a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation that does not sublet space to, or involve commercial participants in the conduct of a stall or trading, and any assistants that may be specified in the permit are members of that charitable organisation. (3) The local government may exempt a person or a class of persons, whether or not in relation to a specified public place, from the requirements of this Division. Subdivision 3—Conduct of stallholders and traders 6.8 Conduct of stallholders and traders (1) A stallholder while conducting a stall or a trader while trading shall– (a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary structure or if there is no stall, vehicle or temporary structure, carry the permit with her or him while conducting a stall or trading; (b) not display a permit unless it is a valid permit; and (c) when selling goods by weight, carry and use for that purpose, scales tested and certified in accordance with the provisions of the National Measurement Act 1960 (Commonwealth). (2) A stallholder or trader shall not— (a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles;