Fair Trading Legislation Amendment (Reform) Act 2018
41Authority for special trade categories
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41 Authority for special trade categories
41 Authority for special trade categories
(1) This section applies to an authority for a special trade category.
(2) An authority to which this section applies continues in force until it is surrendered, suspended or cancelled.
(3) It is a condition of an authority to which this section applies that the holder of the authority provides the Secretary with the following information in the approved form (if any) before the relevant day—
(a) changes to the particulars of the authority and any other particulars required to be kept in the register maintained by the Secretary under section 120,
(b) a statement that the holder is not disqualified from holding the authority under section 33A,
(c) a statement that the holder meets the relevant requirements for holding the authority,
(d) any other information prescribed by the regulations.
Note—
Sections 20, 33B, 33C and 33D specify requirements for the issue of, or obtaining, certain authorities.
(4) The information provided to the Secretary under this section must be accompanied by the fee prescribed by the regulations.
(5) The Secretary may cancel an authority to which this section applies if the holder of the authority does not provide the information specified in subsection (3) by the relevant day.
(6) A person must not make a statement in relation to the information provided to the Secretary under this section that the person knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
(7) To avoid doubt, section 42 does not apply to an authority to which this section applies.
(8) In this section, relevant day, in relation to an authority, means—
(a) the day occurring every 5 years after the day on which the authority was issued, or
(b) such earlier day as is specified in the regulations.