Version incorporating amendments as at
25 November 2025
table of provisions
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
Part 2—Business Licensing Authority 4
4 Establishment of Authority 4
5 Constitution of Authority 4
6 Functions of Authority 5
7 Powers of the Authority 6
8 Consultants 7
9 Role of members 7
10 Procedure of the Authority 7
11 Delegation by Authority 7
12 Director to give effect to decision 8
13 Authority may request Director to investigate matters 8
14 Correcting mistakes 8
15 Registrar and other staff 9
16 Delegation by the Registrar 9
17 Registers 9
17A Restriction of personal information 10
17AB Register previously kept under section 24 of the Sex Work Act 1994 11
17B Rights of review 11
18 Secrecy 12
19 Immunity 14
Part 3—Licence suspension 15
20 Definitions 15
21 Authority may suspend licence 16
22 Effect of suspension 18
23 Lapsing or continuation of suspension 19
24 Extension of period 20
25 Right of review 21
Part 4—General 22
26 Regulations 22
27 Saving of regulations under the Sex Work Act 1994 22
Schedule 23
Endnotes 27
1 General information 27
2 Table of Amendments 29
3 Explanatory details 33
Version No.040
Business Licensing Authority Act 1998
No. 49 of 1998
Version incorporating amendments as at
25 November 2025
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purpose
The main purpose of this Act is to establish and provide for the operation of the Business Licensing Authority.
2 Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(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.
3 Definitions
In this Act—
Authority means the Business Licensing Authority established under Part 2;
S. 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.
business licensing Act means—
(ab) the Conveyancers Act 2006; or
(ac) the Professional Engineers Registration Act 2019; or
(b) the Estate Agents Act 1980; or
(d) the Motor Car Traders Act 1986; or
(da) the Owners Corporations Act 2006; or
(db) the Rooming House Operators Act 2016; or
(f) the Second-Hand Dealers and Pawnbrokers Act 1989;
Deputy Registrar means a Deputy Registrar of the Authority;
S. 3 def. of Director substituted by No. 17/1999 s. 23, amended by No. 21/2012 s. 239(Sch. 6 item 7).
Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
S. 3 def. of personal information inserted by No. 8/2003 s. 84, amended by No. 60/2014 s. 140(Sch. 3 item 4).
personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;
Registrar means the Registrar of the Authority;
Tribunal means Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998.
Part 2—Business Licensing Authority
4 Establishment of Authority
(1) There is established a Business Licensing Authority.
(2) The Authority—
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property;
(d) may sue and be sued in its corporate name;
(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
(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.
(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.
5 Constitution of Authority
S. 5(1) substituted by No. 92/2004 s. 38(1).
(1) The Authority is constituted by—
(a) a Chairperson, and a Deputy Chairperson, appointed by the Governor in Council; and
S. 5(1)(b) repealed by No. 63/2010 s. 73(1), new s. 5(1)(b) inserted by No. 26/2019 s. 109.
(b) at least one person appointed by the Governor in Council who has qualifications and experience in the field of engineering; and
(c) any other person appointed by the Governor in Council as a member of the Authority.
S. 5(2) amended by Nos 18/2005 s. 18(Sch. 1 item 11), 92/2004 s. 38(2), 17/2024 s. 8(1).
(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.
S. 5(3) repealed by No. 92/2004 s. 38(3).
(4) The Schedule applies to the members of the Authority.
S. 5(5) inserted by No. 92/2004 s. 38(4), substituted by No. 63/2010 s. 73(2).
(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.
S. 5(6) inserted by No. 92/2004 s. 38(4), repealed by No. 63/2010 s. 73(2).
6 Functions of Authority
The functions of the Authority are—
(a) to administer the licensing and registration provisions of—
S. 6(a)(i) repealed by No. 11/2010 s. 38, new s. 6(a)(i) inserted by No. 26/2019 s. 110.
(i) the Professional Engineers Registration Act 2019;
(ii) the Estate Agents Act 1980;
S. 6(a)(iii) repealed by No. 63/2010 s. 11(2).
(iv) the Motor Car Traders Act 1986;
S. 6(a)(iva) inserted by No. 6/2008 s. 36.
(iva) the Owners Corporations Act 2006;
S. 6(a)(v) amended by No. 63/2010 s. 81(Sch. item 1.2), repealed by No. 7/2022 s. 57.
S. 6(a)(vi) amended by No. 16/2014 s. 10(a).
(vi) the Second-Hand Dealers and Pawnbrokers Act 1989; and
S. 6(a)(vii) repealed by No. 16/2014 s. 10(b).
(b) to carry out any other functions conferred on it by this or any other Act.
7 Powers of the Authority
(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.
(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.
(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.
8 Consultants
(1) The Authority may engage persons with suitable qualifications and experience as consultants.
(2) An engagement under subsection (1) may be on any terms and conditions the Authority considers appropriate.
S. 8(3) inserted by No. 26/2019 s. 111.
(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.
9 Role of members
Subject 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.
10 Procedure of the Authority
Subject to this Act and to any business licensing Act, the procedure of the Authority is in its discretion.
S. 11 amended by Nos 46/1998
s. 7(Sch. 1), 108/2004
s. 117(1) (Sch 3 item 22.1).
11 Delegation by Authority
Subject 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—
S. 11(a) substituted by Nos 8/2003 s. 85, 56/2012 s. 24.
(a) a prescribed power or function; and
S. 11(b) substituted by No. 8/2003 s. 85.
(b) this delegation power.
12 Director to give effect to decision
The Director must take such action (if any) as is necessary to give effect to a decision of the Authority under a business licensing Act.
13 Authority may request Director to investigate matters
The 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.
14 Correcting mistakes
The Authority may at any time correct a decision made by it under this Act or a business licensing Act if the decision contains—
(a) a clerical mistake; or
(b) an error arising from an accidental slip or omission; or
(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
(d) a defect of form.
15 Registrar and other staff
S. 15(1) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004
s. 117(1) (Sch. 3 item 22.1).
(1) There shall be employed under Part 3 of the Public Administration Act 2004—
(a) a Registrar of the Authority; and
(b) such Deputy Registrars and other staff as are necessary for the purposes of the Authority.
(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.
(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.
S. 16 amended by Nos 46/1998
s. 7(Sch. 1), 108/2004
s. 117(1) (Sch. 3 item 22.1), 17/2024 s. 8(2).
16 Delegation by the Registrar
Subject 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.
17 Registers
S. 17(1) amended by Nos 7/2022 s. 23, 17/2024 s. 8(3).
(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—
(a) inserting an entry; or
(b) amending an entry; or
(c) omitting an entry—
if the Registrar decides that the correction is necessary.
S. 17(2) amended by No. 7/2022 s. 23.
(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.
S. 17(3) amended by No. 7/2022 s. 23.
(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.
S. 17A inserted by No. 8/2003 s. 86.
17A Restriction of personal information
S. 17A(1) amended by No. 7/2022 s. 24.
(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.
(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.
(3) The restriction of public access under subsection (2) may be for the period and on the conditions that the Authority thinks fit.
(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.
(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.
(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.
S. 17AB inserted by No. 7/2022 s. 25.
17AB Register previously kept under section 24 of the Sex Work Act 1994
(1) On and from the repeal of section 24 of the Sex Work Act 1994, the register kept under that section—
(a) is closed; and
(b) is to be kept by the Authority under this Act as a historical register.
(2) The register may only be inspected by—
(a) the Director; or
(b) members or staff of the Authority.
(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.
S. 17B inserted by No. 8/2003 s. 86.
17B Rights of review
(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.
(2) An application for review under subsection (1) must be lodged with the Tribunal within 28 days after—
(a) notice of the decision was given; or
(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.
18 Secrecy
(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.
S. 18(1A) inserted by No. 47/2019 s. 102, repealed by No. 7/2022 s. 58(1).
S. 18(2) amended by Nos 7/2022 ss 26, 58(2).
(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.
Penalty: (a) in relation to information acquired or obtained under the Sex Work Act 1994 before its repeal, 60 penalty units;
(b) in any other case, 5 penalty units.
(3) Despite subsection (2), a person to whom this section applies may—
(a) make a record of, or disclose or communicate any information referred to in that subsection—
(i) in any legal proceedings under this Act or any of the business licensing Acts; or
(ii) in the performance of a duty under or in connection with this Act or any of the business licensing Acts;
(b) divulge or communicate any information referred to in that subsection to—
(i) the Director; or
(ii) the Tribunal; or
S. 18(3)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 11.1).
(iii) a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence; or
S. 18(3)(b)(iv) amended by No. 37/2014 s. 10(Sch. item 11.1).
(iv) a police officer who is performing a duty under or in connection with any Act; or
(v) a prescribed person who is, or a prescribed body which is, performing a duty under or in connection with any Act; or
S. 18(3)(b)(va) inserted by No. 11/2010 s. 39.
(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
(vi) with the consent of the person to whom the information relates, to any other person.
S. 18(4) inserted by No. 37/2014 s. 10(Sch. item 11.2).
(4) In this section—
police officer has the same meaning as in the Victoria Police Act 2013.
19 Immunity
(1) A member of the Authority is not personally liable for anything done or omitted to be done in good faith—
(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
(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.
(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.
Pt 3 (Heading and ss 20–25) inserted by No. 30/2003 s. 77.
Part 3—Licence suspension
S. 20 inserted by No. 30/2003 s. 77.
20 Definitions
In this Part—
S. 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.
licence means—
(a) a licence issued or granted under—
(i) the Estate Agents Act 1980; or
(ii) the Motor Car Traders Act 1986; or
(b) a person who is a registered agent's representative within the meaning of section 4(1) of the Estate Agents Act 1980; or
(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
(h) a registration or endorsement of registration under the Second-Hand Dealers and Pawnbrokers Act 1989;
licence suspension period in relation to a licence, means the period—
(a) commencing on the date of service of the notice in relation to the licence under section 21; and
(b) ending on—
(i) the lapsing of the suspension of the licence under section 23; or
(ii) the date of an order referred to in section 23(2) relating to the suspension of the licence;
licensee, in relation to a licence, means the person who is the holder of the licence.
S. 21 inserted by No. 30/2003 s. 77.
21 Authority may suspend licence
(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.
(2) The Authority may only suspend a licence under this section if the Authority has reasonable grounds to believe that—
(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
(b) it is likely that the licensee will continue to engage in that conduct; and
(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.
(3) A notice under subsection (1)—
(a) must be served—
(i) personally on a licensee who is a natural person; or
(ii) at the registered office and the last known business address of a licensee that is a corporation; or
(iii) at the last known business address of a licensee that is a body corporate, other than a corporation;
(b) must specify the conduct which the licensee is believed to have engaged in;
(c) must state the rights of review open to the licensee;
(d) has effect, whether or not the licensee has been afforded an opportunity to be heard on the matter.
(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—
S. 21(4)(a) amended by No. 17/2024 s. 8(4).
(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
(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.
(5) The suspension takes effect on the service of the notice.
S. 22 inserted by No. 30/2003 s. 77.
22 Effect of suspension
(1) This section applies despite anything to the contrary in a business licensing Act or any other Act or law other than this Part.
(2) If a notice is issued under this Part suspending—
(a) an estate agent's licence under the Estate Agents Act 1980; or
S. 22(2)(b) amended by No. 7/2022 s. 60(1).
(b) a motor car trader's licence under the Motor Car Traders Act 1986—
S. 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).
S. 22(2)(d) repealed by No. 16/2014 s. 12(b).
the licence is deemed to be suspended for the purposes of that Act for the licence suspension period.
(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.
(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.
S. 22(5) amended by No. 63/2010 s. 81(Sch. item 1.4), repealed by No. 7/2022 s. 60(2).
S. 22(6)(7) repealed by No. 11/2010 s. 41.
S. 22(8) repealed by No. 63/2010 s. 11(4).
(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.
S. 23 inserted by No. 30/2003 s. 77.
23 Lapsing or continuation of suspension
(1) A suspension under this Part lapses if within the required period after the service of the notice—
(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
(b) proceedings have not commenced in a court in relation to the conduct of the licensee that is the subject of the notice.
(2) If within the required period after the service of the notice—
(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
(b) proceedings are commenced in a court in relation to the conduct of the licensee that is the subject of the notice—
the suspension continues until a further order is made by the Tribunal or the court.
(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.
(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.
(5) In this section required period means—
(a) 14 days; or
(b) if the Tribunal or a court makes an order under section 24 extending that period, that extended period.
S. 24 inserted by No. 30/2003 s. 77.
24 Extension of period
(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).
(2) On an application under subsection (1), the Tribunal or court—
(a) must consider the likelihood that an application or proceedings referred to in section 23(1) and (2) will be made or commenced; and
(b) may make an order extending the period if in all the circumstances it considers it just and convenient to do so.
(3) An extension may be for a period not exceeding 14 days.
(4) The Tribunal or court may adjourn any application under this section to enable notice of the application to be given to any person.
S. 25 inserted by No. 30/2003 s. 77.
25 Right of review
A licensee may apply to the Tribunal for a review of the decision to issue a notice under this Part.
Pt 4 (Heading and s. 26) inserted by No. 56/2012 s. 25.
Part 4—General
Ss 25A, 25B inserted by No. 7/2022 s. 61, repealed by No. 17/2024 s. 7.
S. 26 inserted by No. 56/2012 s. 25.
26 Regulations
(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.
(2) Regulations made under this Act may—
(a) be of general or limited application;
(b) differ according to differences in time, place or circumstance;
(c) apply at all times or specified times;
(d) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body.
S. 27 inserted by No. 7/2022 s. 62.
27 Saving of regulations under the Sex Work Act 1994
Despite 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.
Schedule
Members of Authority
1 Terms of appointment
(1) A member—
Sch. cl. 1(1)(a) amended by No. 17/2024 s. 8(5)(a)(i).
(a) holds office for the term, not exceeding 5 years, specified in the member's instrument of appointment;
(b) is eligible for re-appointment;
Sch. cl. 1(1)(c) amended by No. 17/2024 s. 8(5)(a)(ii).
(c) is entitled to be paid the remuneration and allowances (if any) fixed in respect of the member by the Governor in Council.
(2) The Governor in Council may, in the instrument of appointment of a member, specify terms and conditions of appointment.
Sch. cl. 1(3) substituted by Nos 46/1998
s. 7(Sch. 1), 108/2004
s. 117(1) (Sch. 3 item 22.2), 80/2006 s. 26(Sch. item 7).
(3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
2 Resignation
A member may resign from office by delivering to the Governor a signed letter of resignation.
3 Termination of office
Sch. cl. 3(1) amended by No. 17/2024 s. 8(5)(b)(i).
(1) The office of a member becomes vacant if the member—
(a) becomes an insolvent under administration; or
(b) is convicted of an offence punishable by imprisonment for 12 months or more; or
Sch. cl. 3(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 6).
(c) becomes a represented person within the meaning of the Guardianship and Administration Act 2019; or
(d) is removed or resigns from office.
(2) The Governor in Council may remove a member from office—
(a) for misbehaviour; or
Sch. cl. 3(2)(b) amended by No. 17/2024 s. 8(5)(b)(ii).
(b) if the member becomes incapable of performing the duties of the member's office.
Sch. cl. 4 substituted by No. 92/2004 s. 39(1).
4 Acting appointments
(1) When—
(a) the office of Chairperson is vacant; or
(b) the Chairperson is absent from Victoria or is unable, for any reason, to perform the duties of the office—
the Deputy Chairperson must act as Chairperson.
Sch. cl. 4(2) amended by No. 17/2024 s. 8(5)(c).
(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.
(3) The Minister may appoint a member of the Authority to act as Deputy Chairperson—
(a) during a vacancy in the office of Deputy Chairperson; or
(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.
(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.
Sch. cl. 5 (Heading) inserted by No. 92/2004 s. 39(2)(a).
5 Acting members—conditions
Sch. cl. 5(1) repealed by No. 92/2004 s. 39(2)(b).
(2) A person appointed to act for a member while so acting—
Sch. cl. 5(2)(a) amended by No. 17/2024 s. 8(5)(d).
(a) has all the powers and may perform all the duties of the member for whom the person is acting; and
Sch. cl. 5(2)(b) amended by No. 17/2024 s. 8(5)(d).
(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
Sch. cl. 5(2)(c) amended by No. 17/2024 s. 8(5)(d).
(c) is subject to the same terms and conditions of appointment as the member for whom the person is acting.
Sch. cl. 6 substituted by No. 92/2004 s. 39(3).
6 Decision not invalid by reason of vacancy etc.
An act or decision of the Authority is not invalid only—
(a) because of a vacancy in the membership of the Authority; or
(b) because of a defect or irregularity in the appointment of a member or acting member; or
(c) because the occasion for the appointment of an acting member had ceased to exist.
7 Disclosure of interest by members
Sch. cl. 7(1) amended by No. 17/2024 s. 8(5)(e).
(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—
(a) to the Minister, in the case of the Chairperson; or
(b) to the Chairperson, in the case of any other member.
(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.
(3) An act or decision of the Authority is not invalid merely because a member contravenes subclause (1) or (2).
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 April 1998
Legislative Council: 19 May 1998
The long title for the Bill for this Act was "to establish the Business Licensing Authority and for other purposes."
The Business Licensing Authority Act 1998 was assented to on 2 June 1998 and came into operation as follows:
Part 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.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Business Licensing Authority Act 1998 by Acts and subordinate instruments.