Licensing and Registration (Uniform Procedures) Act 2002
In ForceNSW
Jurisdiction
New South Wales
Act Number
28 of 2002
Collection
act
Plain English Summary
5/10 complexity
This Act creates a single, consistent procedural framework for the listed licence and registration schemes—standardising who can apply, how applications are made, timing, notices, review rights, ongoing confirmations and fee recovery. It also enables information‑sharing (including photographs), use of private service providers, and issuance of digital licences.
It mainly affects applicants/licensees, licensing authorities and contracted service providers: it can lower duplicate identity checks and cross‑scheme costs but shifts routine fees, compliance deadlines and privacy/IT risks onto parties involved.
The Licensing and Registration (Uniform Procedures) Act 2002 (the Act) establishes a single procedural overlay that applies to a wide range of occupational and activity licences and registrations listed in Schedules 1 and 2. Its core function is to replace the disparate procedural provisions that previously existed in each parent statute with a standardised sequence of steps for making, advertising, determining, renewing, amending, transferring and administering those licences and registrations.
Part 2 applies to “licences” (defined in s 4 to include permits, approvals, certificates, exemptions or other authorities but excluding certificates of registration under Part 3). Section 3(1) provides that the Part applies to any licence arising under a legislative provision referred to in Schedule 1, subject to modifications or limitations in the relevant licensing legislation. In the event of inconsistency, the relevant licensing legislation prevails (s 3(3)). The Part does not affect the Mutual Recognition Act 1992 (Cth) or the Trans-Tasman Mutual Recognition Act 1997 (Cth) (s 3(4)).
Division 2 of Part 2 sets out six standard application types: grant (s 6), amendment (s 7), transfer (s 8), renewal (s 9), restoration (s 10) and replacement (s 11). Each type may be made in writing or by electronic communication (s 12(1)). Detailed rules govern form, signature or authentication, lodgment and the ability to combine multiple applications (s 12(6)). Application fees must be paid or provided for (s 13), with a mandatory $5 or 10 per cent discount (whichever is greater) for electronic lodgment.
Division 3 governs determination. A licensing authority may require further information or supporting evidence, including criminal history (s 14(2)). Failure to comply within 14 days allows outright refusal without a merits review right (s 14(3)–(4)). Advertised applications must be published in a daily newspaper with a submission window of 14–28 days (s 15). An applicant may withdraw before a licence issues (s 16). A deemed refusal arises if the authority fails to decide within 28 days (excluding prescribed periods for further information, advertising, referrals or assessments) (s 17). The authority may grant unconditionally or with authorised conditions, or refuse (s 18). Notice of decision, reasons and any further fee must be given within 14 days (s 19). The licence itself must contain prescribed particulars including a unique identifier, the authority conferred and any discretionary conditions (s 20).
Current sections
Direct links to the current provisions in Licensing and Registration (Uniform Procedures) Act 2002.
(1) This Act commences on a day or days to be appointed by proclamation.
(2) Different days may be appointed for the commencement of Schedules 1, 2 and 3 with respect to matter relating to different Acts or statutory rules or different provisions of the same Act or statutory rule.
(3) Different days may be appointed for the commencement of a single provision of Schedule 4 for the purpose of commencing the amendments effected by the provision on different days.
2A
Notes
2A Notes
2A Notes
Notes included in this Act do not form part of this Act.
s 2A: Ins 2004 No 105, Sch 1 [1].
Part 2
Uniform licensing procedures
Part 2 Uniform licensing procedures
Part 2 Uniform licensing procedures
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
3
Application of Part
3 Application of Part
3 Application of Part
(1) This Part applies to licences arising under a legislative provision referred to in Schedule 1, subject to any modifications or limitations prescribed by or under the relevant licensing legislation.
(2) A statutory rule that establishes, amends or repeals a licensing scheme may amend Schedule 1 so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.
(3) In the event of an inconsistency between this Part (as applied to a licence arising under a legislative provision referred to in Schedule 1) and the relevant licensing legislation, the relevant licensing legislation prevails to the extent of the inconsistency.
(4) This Part does not limit or otherwise affect the operation of—
advertised application means an application referred to in section 15(1).
application means any application referred to in Division 2.
continuing licence means a licence that is not a fixed-term licence.
discretionary condition, in relation to a licence, means a condition that the relevant licensing legislation authorises to be imposed on the licence, but does not include a condition—
(a) that the relevant licensing legislation or this Part imposes, or requires to be imposed, on the licence, or
(b) that the relevant licensing legislation authorises to be imposed on the licence in consequence of any disciplinary proceedings against the licensee.
electronic communication has the same meaning as it has in the Electronic Transactions Act 2000, but does not include communication by means of facsimile transmission.
fixed-term licence means a licence that, under the relevant licensing legislation, has effect for a fixed period or until a fixed date.
information technology requirements includes software requirements.
licence includes any permit, approval, certificate, exemption or other such authority, other than a certificate issued in connection with registration under Part 3.
licensing authority means the person or body that, under the relevant licensing legislation, is authorised to grant a licence.
licensing legislation means the Act or statutory rule under which a licence is granted.
objector, in relation to an advertised application, means a person who has made submissions with respect to the application under section 15.
principal officer, in relation to a licensing authority, means the person prescribed by or under the relevant licensing legislation as the principal officer of that authority for the purposes of this Part or, if no such person is prescribed—
(a) if the authority is a statutory body—
(i) in the case of a body corporate that has no members, the person who manages the authority’s affairs, or
(ii) in the case of a body constituted by one person, that person, or
(iii) in the case of a body constituted by more than one person, the person entitled to preside at meetings of those persons, or
(b) if the authority is the council of a local government area, the general manager of the council, or
(c) if the authority is a public office, the holder of that office.
processing fee, in relation to an application, means any fee prescribed by or under the relevant licensing legislation as a fee to cover—
(a) the costs incurred by the relevant licensing authority in processing the application, and
(b) in the case of an advertised application, the costs incurred by the relevant licensing authority in advertising the application.
registered particulars means such particulars with respect to a licence as are required by or under the relevant licensing legislation to be registered or recorded by the relevant licensing authority.
5
Part binds Crown
5 Part binds Crown
5 Part binds Crown
This Part binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Division 2
Applications
Division 2 Applications
Division 2 Applications
6
Applications for granting of licences
6 Applications for granting of licences
6 Applications for granting of licences
(1) An application for the granting of a licence may be made to the relevant licensing authority by any individual aged 18 years or more, by any partnership or other association whose members are all individuals aged 18 years or more or by any corporation.
(2) If the relevant licensing legislation provides for the issuing of different classes of licence, the application must specify the class of licence sought by the applicant.
(3) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
7
Applications for amendment of licences
7 Applications for amendment of licences
7 Applications for amendment of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be amended.
(2) An application for the amendment of a licence may be made to the relevant licensing authority by the licensee at any time while the licence is in force.
8
Applications for transfer of licences
8 Applications for transfer of licences
8 Applications for transfer of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be transferred.
(2) An application for the transfer of a licence may be made to the relevant licensing authority by the licensee, together with the proposed transferee, at any time while the licence is in force.
(3) The proposed transferee may be any individual aged 18 years or more, any partnership or other association whose members are all individuals aged 18 years or more or any corporation.
9
Applications for renewal of licences
9 Applications for renewal of licences
9 Applications for renewal of licences
(1) An application for the renewal of a fixed-term licence may be made to the relevant licensing authority by the licensee—
(a) in the case of a licence having a term of less than 3 months, at any time within 2 weeks before the licence expires, or
(b) in the case of a licence having a term of 3 months or more up to 12 months, at any time within 4 weeks before the licence expires, or
(c) in the case of a licence having a term of more than 12 months, at any time within 8 weeks before the licence expires.
(2) If the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
10
Applications for restoration of licences
10 Applications for restoration of licences
10 Applications for restoration of licences
(1) An application for the restoration of a licence may be made to the relevant licensing authority by the licensee at any time after the licence expires or is cancelled.
(2) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
11
Applications for replacement of licences
11 Applications for replacement of licences
11 Applications for replacement of licences
An application for the replacement of a licence may be made to the relevant licensing authority by the licensee if the licence is lost, damaged or destroyed.
12
Procedure for making applications
12 Procedure for making applications
12 Procedure for making applications
(1) An application may be made in writing or by means of electronic communication.
(2) An application with respect to a partnership or other association may be made on its behalf by any duly authorised member or employee.
(3) An application with respect to a corporation may be made on its behalf by any director or by any duly authorised employee.
(4) If made in writing, an application—
(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and
(b) must be signed—
(i) by the applicant, and
(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and
(c) must be lodged with, or sent to, the relevant licensing authority.
(5) If made by means of electronic communication, an application—
(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and
(b) must be authenticated, as required by the relevant licensing authority—
(i) by the applicant, and
(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and
(c) must be lodged with the relevant licensing authority in accordance with that authority’s information technology requirements for the receipt of electronic communications.
(6) A single application may be made to the same licensing authority in relation to more than one licence.
13
Application fees
13 Application fees
13 Application fees
(1) An applicant must make provision, as required by the relevant licensing authority, for paying any fees payable under the relevant licensing legislation in connection with the application.
(2) In the case of an application made by means of electronic communication, any processing fee that is otherwise payable in respect of the application—
(a) is to be reduced by $5, or
(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,
whichever results in the greater reduction.
Division 3
Determination of applications
Division 3 Determination of applications
Division 3 Determination of applications
14
Provision of further information and supporting evidence
14 Provision of further information and supporting evidence
14 Provision of further information and supporting evidence
(1) The relevant licensing authority may serve notice on an applicant requiring the applicant to provide—
(a) such information further to the original information contained in the application, and
(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,
as the authority may require to enable it to deal with the application.
Note—
Part 4A makes special provision for photographic identification for some licences.
(2) In particular, the relevant licensing authority may require an applicant to provide—
(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and
(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.
(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant licensing authority may refuse the application without dealing with it any further.
(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 22 but not to a right of review under section 23.
s 14: Am 2004 No 105, Sch 1 [2].
15
Advertising of applications
15 Advertising of applications
15 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant licensing legislation, is required to be advertised.
(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales—
(a) by the applicant, or
(b) by the relevant licensing authority,
as the relevant licensing legislation requires.
(3) The notice must indicate—
(a) that any person may make submissions to the relevant licensing authority with respect to the application, and
(b) the procedure by which, and the date before which, any such submission must be lodged.
(4) The date referred to in subsection (3)(b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
16
Withdrawal of applications
16 Withdrawal of applications
16 Withdrawal of applications
(1) An applicant may withdraw an application at any time before a licence is issued under section 20.
(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 22.
17
Period within which applications to be dealt with
17 Period within which applications to be dealt with
17 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a licensing authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.
(2) A licensing authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.
(3) In calculating a period referred to in subsection (1), the following periods are to be excluded—
(a) any period between—
(i) the date on which a request for further information or supporting evidence is made under section 14, and
(ii) the date on which that further information or supporting evidence is furnished,
(b) any period between—
(i) the date on which a notice is published under section 15 with respect to the application, and
(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,
(c) in the case of an application that the relevant licensing authority is required to refer to some other person or body for consideration, whether under the relevant licensing legislation or otherwise, any period (not exceeding 14 days) between—
(i) the date on which the authority refers the application to that other person or body, and
(ii) the date on which the authority receives a response to that reference from that other person or body,
(d) in the case of an application with respect to a person whom the relevant licensing authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between—
(i) the date on which the authority refers the applicant for assessment, and
(ii) the date on which the authority obtains or receives the results of the assessment.
18
Decision on applications
18 Decision on applications
18 Decision on applications
(1) A licensing authority may make either of the following decisions with respect to an application—
(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant licensing legislation,
(b) a decision to refuse the application.
(2) Before making its decision with respect to an advertised application, the licensing authority must have regard to such submissions as have been made in accordance with section 15.
19
Notice of decision on applications
19 Notice of decision on applications
19 Notice of decision on applications
(1) A licensing authority must cause notice of its decision under section 18 on an application to be served on the applicant and (in the case of an advertised application to which any objection has been made) on each objector within 14 days after the decision is made.
(2) If the decision is that the application is to be granted but the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued under section 20, the notice must indicate the amount of the fee to be paid.
(3) As soon as practicable after an applicant or (in the case of an advertised application to which any objection has been made) an objector so requests, the relevant licensing authority must cause notice of the reasons for its decision to be served on the applicant or objector.
(4) Subsection (3) does not apply to any decision in respect of which there is a right of administrative review by the Civil and Administrative Tribunal under section 23.
s 19: Am 2013 No 95, Sch 2.89 [1].
20
Issue of licence
20 Issue of licence
20 Issue of licence
(1) A licensing authority that grants an application must issue to the applicant an original or replacement licence, as the case requires.
(2) The licence is to be issued—
(a) if the relevant licensing legislation requires payment of any fee in connection with the licence before it is issued, on payment of the fee, or
(b) in any other case, when notice of the licensing authority’s decision is served on the applicant as referred to in section 19.
(3) A licence—
(a) must be in a form approved by the licensing authority, and
(b) must include the following particulars—
(i) a unique identifier,
(ii) the name of the licensee,
(iii) the kind of licence it is, whether by reference to the provision of the relevant licensing legislation or otherwise,
(iv) the authority conferred by the licence and (in the case of a licence that is subject to discretionary conditions) a statement to that effect,
(v) the date on which the licence comes into force and (in the case of a fixed-term licence) the date on which the licence expires, and
(c) may include such other particulars as the licensing authority considers appropriate to include in the licence.
(4) A licence may indicate the kind of licence it is, and the authority it confers, by reference to words, codes or symbols prescribed for that purpose by the relevant licensing legislation.
(5) A single document may contain one or more licences together with one or more certificates of registration under Part 3.
21
Duration of licence
21 Duration of licence
21 Duration of licence
(1) Subject to subsection (2), a licence comes into force—
(a) on the date on which it is issued, or
(b) on such other date (whether earlier or later) as is specified in the licence.
(2) A renewed (but not a restored) licence comes into force on the date following the expiry date of the licence it renews.
(3) A licence that comes into force before the date on which it is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant licensing legislation.
(4) Unless sooner cancelled, a fixed-term licence remains in force for such period as is specified in the licence.
(5) If an application for renewal of a licence is made before the date on which the licence would otherwise expire, the licence remains in force, for the purposes only of this Act and the relevant licensing legislation, until the date on which the applicant is notified of the relevant licensing authority’s decision on the application.
(6) Subsection (5) does not affect any requirements (such as requirements as to insurance) that must be complied with by a licensee under the relevant licensing legislation.
(7) Without limiting any other circumstances in which a licence may be cancelled, a licence is taken to be cancelled for the purposes of this section if the licensee surrenders the licence to the relevant licensing authority together with a notice to the effect that the licensee intends that the licence be cancelled.
(8) Subject to subsection (7), nothing in this section authorises the suspension or cancellation of a licence.
22
Refund of certain fees
22 Refund of certain fees
22 Refund of certain fees
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
23
Review of decisions
23 Review of decisions
23 Review of decisions
(1) An applicant who is aggrieved by the relevant licensing authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision—
(a) to the extent to which the relevant licensing legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or
(b) to the extent to which the relevant licensing legislation does not provide the applicant with such a right, to the Civil and Administrative Tribunal (with the review being an administrative review under the Administrative Decisions Review Act 1997).
(2) An objector who is aggrieved by the relevant licensing authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision—
(a) to the extent to which the relevant licensing legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or
(b) to the extent to which the relevant licensing legislation does not provide the objector with such a right, to the Civil and Administrative Tribunal (with the review being an administrative review under the Administrative Decisions Review Act 1997).
(3) The parties to proceedings before the Civil and Administrative Tribunal on an administrative review arising under subsection (1)(b) or (2)(b) include, in the case of an advertised application in respect of which any objection has been duly made under section 15, any objector who, in accordance with the procedural rules (within the meaning of the Civil and Administrative Tribunal Act 2013), gives notice to the Tribunal of the objector’s wish to become a party to the application for the review.
s 23: Am 2013 No 95, Sch 2.89 [2] [3].
Division 4
Administration of licensing schemes
Division 4 Administration of licensing schemes
Division 4 Administration of licensing schemes
24
Periodic updating of registered particulars
24 Periodic updating of registered particulars
24 Periodic updating of registered particulars
(1) It is a condition of a licence (whether fixed-term or continuing) that the licensee must notify the relevant licensing authority, within 14 days after the change, of any change that occurs in the licensee’s name, address or other registered particulars.
(2) It is a condition of a continuing licence that the licensee must notify the relevant licensing authority, within 14 days after each anniversary of the date on which the licence was issued, that the licensee’s registered particulars have not changed since the more recent of the following—
(a) the date on which the licence was issued,
(b) the date on which the licensee last gave notice under this section.
25
Periodic administration fees for continuing licences
25 Periodic administration fees for continuing licences
25 Periodic administration fees for continuing licences
(1) It is a condition of a continuing licence that the licensee must, within 14 days after each anniversary of the date on which the licence was issued, pay to the relevant licensing authority a licence administration fee of an amount prescribed by or under the relevant licensing legislation.
(2) If payment is made by means of electronic communication, the licence administration fee otherwise payable—
(a) is to be reduced by $5, or
(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,
whichever results in the greater reduction.
s 25: Am 2002 No 112, Sch 1.13 [1].
26
Evidentiary certificates
26 Evidentiary certificates
26 Evidentiary certificates
(1) A certificate that is issued by a licensing authority and that states that, on a specified date or during a specified period—
(a) a specified person was or was not a licensee under a specified licence or under a licence of a specified kind, or
(b) a specified person’s licence was or was not in specified terms, or
(c) a specified person’s licence was or was not subject to specified conditions, or
(d) a specified person’s licence was or was not suspended or cancelled,
is admissible in legal proceedings as evidence of the matters so stated.
(2) This section is in addition to any provision of the relevant licensing legislation with respect to evidentiary certificates.
27
Service of notices
27 Service of notices
27 Service of notices
(1) Any notice that a licensing authority is authorised or required by this Part to serve on a person may be served—
(a) in the case of an individual—
(i) by delivering it personally to the individual, or
(ii) by sending it by post, addressed to the individual at the address recorded in the register as the individual’s residential address, business address or address for service of notices, or
(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the individual’s residential address or business address, or
(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the individual at the address recorded in the register as the individual’s address for service of electronic communications or facsimile transmissions, in accordance with the individual’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions, or
(b) in the case of a corporation—
(i) by delivering it personally to a person concerned in the corporation’s management, or
(ii) by sending it by post, addressed to the corporation at the address recorded in the register as the corporation’s business address or address for service of notices, or
(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the corporation’s business address, or
(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the corporation at the address recorded in the register as the corporation’s address for service of electronic communications or facsimile transmissions, in accordance with the corporation’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions.
(2) In the case of joint applicants or joint licensees, any notice that under this Part is required to be served on an applicant or licensee is taken to have been served on all of them when it is served on any one of them.
(3) This section does not affect any other Act or law with respect to the service of notices or other documents.
28
Applications sent by facsimile
28 Applications sent by facsimile
28 Applications sent by facsimile
(1) The facsimile copy of an application sent by facsimile transmission is taken to be in writing and has the same effect as the original and, for that purpose, a facsimile signature on the facsimile copy has the same effect as an original signature.
(2) This section does not apply to any document that accompanies an application.
29
Recovery of unpaid fees
29 Recovery of unpaid fees
29 Recovery of unpaid fees
Any fee payable in connection with a licence or an application for a licence may be recovered by the relevant licensing authority as a debt in any court of competent jurisdiction.
30
Exercise of licensing authority’s functions
30 Exercise of licensing authority’s functions
30 Exercise of licensing authority’s functions
A licensing authority’s functions under this Part may be exercised on its behalf—
(a) by the principal officer of the licensing authority, or
(b) by such other person as the licensing authority may authorise in that regard.
31
Application of Electronic Transactions Act 2000
31 Application of Electronic Transactions Act 2000
Subject to the provisions of the relevant licensing legislation—
(a) any question as to the time and place of dispatch or receipt of an electronic communication made for the purposes of this Part is to be decided in accordance with section 13 of the Electronic Transactions Act 2000, and
(b) any question as to whether the purported originator of an electronic communication made for the purposes of this Part is bound by that communication is to be decided in accordance with section 14 of the Electronic Transactions Act 2000.
Part 3
Uniform registration procedures
Part 3 Uniform registration procedures
Part 3 Uniform registration procedures
32
Application of Part
32 Application of Part
32 Application of Part
(1) This Part applies to registration under a legislative provision referred to in Schedule 2, subject to any modifications or limitations prescribed by or under the relevant registration legislation.
(2) A statutory rule that establishes, amends or repeals a registration scheme may amend Schedule 2 so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.
(3) In the event of an inconsistency between this Part (as applied to registration arising under a legislative provision referred to in Schedule 2) and the relevant registration legislation, the relevant registration legislation prevails to the extent of the inconsistency.
(4) This Part does not limit or otherwise affect the operation of—
advertised application means an application referred to in section 44(1).
application means any application referred to in Division 2.
certificate of registration means a certificate referred to in section 49.
continuing registration means registration that is not fixed-term registration.
discretionary condition, in relation to registration, means a condition that the relevant registration legislation authorises to be imposed on registration, but does not include a condition—
(a) that the relevant registration legislation or this Part imposes, or requires to be imposed, on registration, or
(b) that the relevant registration legislation authorises to be imposed on registration in consequence of any disciplinary proceedings against the registered person.
electronic communication has the same meaning as it has in the Electronic Transactions Act 2000, but does not include communication by means of facsimile transmission.
fixed-term registration means registration that, under the relevant registration legislation, has effect for a fixed period or until a fixed date.
information technology requirements includes software requirements.
objector, in relation to an advertised application, means a person who has made submissions with respect to the application under section 44.
principal officer, in relation to a registration authority, means the person prescribed by or under the relevant registration legislation as the principal officer of that authority for the purposes of this Part or, if no such person is prescribed—
(a) if the authority is a statutory body—
(i) in the case of a body corporate that has no members, the person who manages the authority’s affairs, or
(ii) in the case of a body constituted by one person, that person, or
(iii) in the case of a body constituted by more than one person, the person entitled to preside at meetings of those persons, or
(b) if the authority is the council of a local government area, the general manager of the council, or
(c) if the authority is a public office, the holder of that office.
processing fee, in relation to an application, means any fee prescribed by or under the relevant registration legislation as a fee to cover—
(a) the costs incurred by the relevant registration authority in processing the application, and
(b) in the case of an advertised application, the costs incurred by the relevant registration authority in advertising the application.
registered particulars means such particulars with respect to registration as are required by or under the relevant registration legislation to be registered or recorded by the relevant registration authority.
registration includes any enrolment, accreditation or other such authority.
registration authority means the person or body that, under the relevant registration legislation, is authorised to grant registration.
registration legislation means the Act or statutory rule under which registration is granted.
34
Part binds Crown
34 Part binds Crown
34 Part binds Crown
This Part binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
35
Applications for granting of registration
35 Applications for granting of registration
35 Applications for granting of registration
(1) An application for the granting of registration may be made to the relevant registration authority by any individual aged 18 years or more, by any partnership or other association whose members are all individuals aged 18 years or more or by any corporation.
(2) If the relevant registration legislation provides for the granting of different classes of registration, the application must specify the class of registration sought by the applicant.
(3) If in the case of fixed-term registration the relevant registration legislation provides for the granting of registration for varying terms, the application must specify the term of registration sought by the applicant.
36
Applications for amendment of registration
36 Applications for amendment of registration
36 Applications for amendment of registration
(1) This section applies to registration that, pursuant to the relevant registration legislation, may be amended.
(2) An application for the amendment of registration may be made to the relevant registration authority by the registered person at any time while registration is in force.
37
Applications for transfer of registration
37 Applications for transfer of registration
37 Applications for transfer of registration
(1) This section applies to registration that, pursuant to the relevant registration legislation, may be transferred.
(2) An application for the transfer of registration may be made to the relevant registration authority by the registered person, together with the proposed transferee, at any time while registration is in force.
(3) The proposed transferee may be any individual aged 18 years or more, any partnership or other association whose members are all individuals aged 18 years or more or any corporation.
38
Applications for renewal of registration
38 Applications for renewal of registration
38 Applications for renewal of registration
(1) An application for the renewal of fixed-term registration may be made to the relevant registration authority by the registered person—
(a) in the case of registration having a term of less than 3 months, at any time within 2 weeks before registration expires, or
(b) in the case of registration having a term of 3 months or more up to 12 months, at any time within 4 weeks before registration expires, or
(c) in the case of registration having a term of more than 12 months, at any time within 8 weeks before registration expires.
(2) If the relevant registration legislation provides for the granting of registration for varying terms, the application must specify the term of registration sought by the applicant.
39
Applications for restoration of registration
39 Applications for restoration of registration
39 Applications for restoration of registration
(1) An application for the restoration of registration may be made to the relevant registration authority by the registered person at any time after registration expires or is cancelled.
(2) If in the case of fixed-term registration the relevant registration legislation provides for the granting of registration for varying terms, the application must specify the term of registration sought by the applicant.
40
Applications for replacement of certificates of registration
40 Applications for replacement of certificates of registration
40 Applications for replacement of certificates of registration
An application for the replacement of a certificate of registration may be made to the relevant registration authority by the registered person if the certificate is lost, damaged or destroyed.
41
Procedure for making applications
41 Procedure for making applications
41 Procedure for making applications
(1) An application may be made in writing or by means of electronic communication.
(2) An application with respect to a partnership or other association may be made on its behalf by any duly authorised member or employee.
(3) An application with respect to a corporation may be made on its behalf by any director or by any duly authorised employee.
(4) If made in writing, an application—
(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant registration legislation, and
(b) must be signed—
(i) by the applicant, and
(ii) in the case of an application for the transfer of registration, by the proposed transferee, and
(c) must be lodged with, or sent to, the relevant registration authority.
(5) If made by means of electronic communication, an application—
(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant registration legislation, and
(b) must be authenticated, as required by the relevant registration authority—
(i) by the applicant, and
(ii) in the case of an application for the transfer of registration, by the proposed transferee, and
(c) must be lodged with the relevant registration authority in accordance with that authority’s information technology requirements for the receipt of electronic communications.
(6) A single application may be made to the same registration authority in relation to more than one form of registration.
42
Application fees
42 Application fees
42 Application fees
(1) An applicant must make provision, as required by the relevant registration authority, for paying any fees payable under the relevant registration legislation in connection with the application.
(2) In the case of an application made by means of electronic communication, any processing fee that is otherwise payable in respect of the application—
(a) is to be reduced by $5, or
(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,
whichever results in the greater reduction.
43
Provision of further information and supporting evidence
43 Provision of further information and supporting evidence
43 Provision of further information and supporting evidence
(1) The relevant registration authority may serve notice on an applicant requiring the applicant to provide—
(a) such information further to the original information contained in the application, and
(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,
as the authority may require to enable it to deal with the application.
Note—
Part 4A makes special provision for photographic identification for some registration.
(2) In particular, the relevant registration authority may require an applicant to provide—
(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and
(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.
(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant registration authority may refuse the application without dealing with it any further.
(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 51 but not to a right of review under section 52.
s 43: Am 2004 No 105, Sch 1 [3].
44
Advertising of applications
44 Advertising of applications
44 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant registration legislation, is required to be advertised.
(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales—
(a) by the applicant, or
(b) by the relevant registration authority,
as the relevant registration legislation requires.
(3) The notice must indicate—
(a) that any person may make submissions to the relevant registration authority with respect to the application, and
(b) the procedure by which, and the date before which, any such submission must be lodged.
(4) The date referred to in subsection (3)(b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
45
Withdrawal of applications
45 Withdrawal of applications
45 Withdrawal of applications
(1) An applicant may withdraw an application at any time before a certificate of registration is issued under section 49.
(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 51.
46
Period within which applications to be dealt with
46 Period within which applications to be dealt with
46 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a registration authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.
(2) A registration authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.
(3) In calculating a period referred to in subsection (1), the following periods are to be excluded—
(a) any period between—
(i) the date on which a request for further information or supporting evidence is made under section 43, and
(ii) the date on which that further information or supporting evidence is furnished,
(b) any period between—
(i) the date on which a notice is published under section 44 with respect to the application, and
(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,
(c) in the case of an application that the relevant registration authority is required to refer to some other person or body for consideration, whether under the relevant registration legislation or otherwise, any period (not exceeding 14 days) between—
(i) the date on which the authority refers the application to that other person or body, and
(ii) the date on which the authority receives a response to that reference from that other person or body,
(d) in the case of an application with respect to a person whom the relevant registration authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between—
(i) the date on which the authority refers the applicant for assessment, and
(ii) the date on which the authority obtains or receives the results of the assessment.
47
Decision on applications
47 Decision on applications
47 Decision on applications
(1) A registration authority may make either of the following decisions with respect to an application—
(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant registration legislation,
(b) a decision to refuse the application.
(2) Before making its decision with respect to an advertised application, the registration authority must have regard to such submissions as have been made in accordance with section 44.
48
Notice of decision on applications
48 Notice of decision on applications
48 Notice of decision on applications
(1) A registration authority must cause notice of its decision under section 47 on an application to be served on the applicant and (in the case of an advertised application to which any objection has been made) on each objector within 14 days after the decision is made.
(2) If the decision is that the application is granted but the relevant registration legislation requires payment of any fee in connection with registration before a certificate of registration is issued under section 49, the notice must indicate the amount of the fee to be paid.
(3) As soon as practicable after an applicant or (in the case of an advertised application to which any objection has been made) an objector so requests, the relevant registration authority must cause notice of the reasons for its decision to be served on the applicant or objector.
(4) Subsection (3) does not apply to any decision in respect of which there is a right of administrative review by the Civil and Administrative Tribunal under section 52.
s 48: Am 2013 No 95, Sch 2.89 [4].
49
Issue of certificate of registration
49 Issue of certificate of registration
49 Issue of certificate of registration
(1) A registration authority that grants an application for registration—
(a) must record the following particulars in the relevant register—
(i) the name of the registered person,
(ii) the kind of registration it is, whether by reference to the provision of the relevant registration legislation or otherwise,
(iii) the authority conferred by registration and (in the case of registration that is subject to discretionary conditions) a statement to that effect,
(iv) the date on which registration comes into force and (in the case of fixed-term registration) the date on which registration expires, and
(b) must record in the relevant register such other particulars as the relevant registration legislation requires to be recorded in the register, and
(c) may record in the relevant register such other particulars as the relevant registration legislation authorises to be recorded in the register, and
(d) must issue a certificate of registration to the applicant.
(2) The certificate of registration is to be issued—
(a) if the relevant registration legislation requires payment of any fee in connection with registration before the certificate is issued, on payment of the fee, or
(b) in any other case, when notice of the decision is served on the applicant as referred to in section 48.
(3) A certificate of registration—
(a) must be in a form approved by the registration authority, and
(b) must include the following particulars—
(i) a unique identifier,
(ii) the particulars recorded in the register under subsection (1)(a), and
(c) may include such other particulars as the registration authority considers appropriate to include in the certificate.
(4) The registration authority may issue replacement certificates of registration not only in response to an application by the registered person under Division 2 but also whenever there is a change in the particulars recorded in the register under subsection (1)(a) in relation to the registered person.
(5) A certificate of registration may indicate the kind of registration it refers to, and the authority conferred by registration, by reference to words, codes or symbols prescribed for that purpose by the relevant registration legislation.
(6) A single document may contain one or more certificates of registration together with one or more licences under Part 2.
50
Duration of registration
50 Duration of registration
50 Duration of registration
(1) Subject to subsection (2), registration comes into force—
(a) on the date on which the relevant certificate of registration is issued, or
(b) on such other date (whether earlier or later) as is specified in the certificate.
(2) Renewed (but not restored) registration comes into force, or is taken to have come into force, on the date following the expiry date of the registration it renews.
(3) Registration that comes into force before the date on which the relevant certificate of registration is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant registration legislation.
(4) Unless sooner cancelled, fixed-term registration remains in force for such period as is specified in the relevant certificate of registration.
(5) If an application for renewal of registration is made before the date on which registration would otherwise expire, registration remains in force, for the purposes only of this Act and the relevant registration legislation, until the date on which the applicant is notified of the relevant registration authority’s decision on the application.
(6) Subsection (5) does not affect any requirements (such as requirements as to insurance) that must be complied with by a registered person under the relevant registration legislation.
(7) Without limiting any other circumstances in which registration may be cancelled, registration is taken to be cancelled for the purposes of this section if the registered person surrenders the relevant certificate of registration together with a notice to the effect that the registered person intends that registration be cancelled.
(8) Subject to subsection (7), nothing in this section authorises the suspension or cancellation of registration.
51
Refund of certain fees
51 Refund of certain fees
51 Refund of certain fees
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
52
Review of decisions
52 Review of decisions
52 Review of decisions
(1) An applicant who is aggrieved by the relevant registration authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision—
(a) to the extent to which the relevant registration legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or
(b) to the extent to which the relevant registration legislation does not provide the applicant with such a right, to the Civil and Administrative Tribunal (with the review being an administrative review under the Administrative Decisions Review Act 1997).
(2) An objector who is aggrieved by the relevant registration authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision—
(a) to the extent to which the relevant registration legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or
(b) to the extent to which the relevant registration legislation does not provide the objector with such a right, to the Civil and Administrative Tribunal (with the review being an administrative review under the Administrative Decisions Review Act 1997).
(3) The parties to proceedings before the Civil and Administrative Tribunal on an administrative review arising under subsection (1)(b) or (2)(b) include, in the case of an advertised application in respect of which any submission has been duly made under section 44, any objector who, in accordance with the procedural rules (within the meaning of the Civil and Administrative Tribunal Act 2013), gives notice to the Tribunal of the objector’s wish to become a party to the application for the review.
s 52: Am 2013 No 95, Sch 2.89 [5] [6].
53
Periodic updating of registered particulars
53 Periodic updating of registered particulars
53 Periodic updating of registered particulars
(1) It is a condition of registration (whether fixed-term or continuing) that the registered person must notify the relevant registration authority, within 14 days after the change, of any change that occurs in the registered person’s name, address or other registered particulars.
(2) It is a condition of continuing registration that the registered person must notify the relevant registration authority, within 14 days after each anniversary of the date on which the relevant certificate of registration was issued, that the registered person’s registered particulars have not changed since the more recent of the following—
(a) the date on which the certificate was issued,
(b) the date on which the registered person last gave notice under this section.
54
Periodic administration fees for continuing registration
54 Periodic administration fees for continuing registration
54 Periodic administration fees for continuing registration
(1) It is a condition of continuing registration that the registered person must, within 14 days after each anniversary of the date on which the relevant certificate of registration was issued, pay to the relevant registration authority a registration administration fee of an amount prescribed by or under the relevant registration legislation.
(2) If payment is made by means of electronic communication, the registration administration fee otherwise payable—
(a) is to be reduced by $5, or
(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,
whichever results in the greater reduction.
s 54: Am 2002 No 112, Sch 1.13 [2].
55
Evidentiary certificates
55 Evidentiary certificates
55 Evidentiary certificates
(1) A certificate that is issued by a registration authority and that states that, on a specified date or during a specified period—
(a) a specified person was or was not a registered person in respect of registration of a specified kind, or
(b) a specified person’s registration was or was not in specified terms, or
(c) a specified person’s registration was or was not subject to specified conditions, or
(d) a specified person’s registration was or was not suspended or cancelled,
is admissible in legal proceedings as evidence of the matters so stated.
(2) This section is in addition to any provision of the relevant registration legislation with respect to evidentiary certificates.
56
Service of notices
56 Service of notices
56 Service of notices
(1) Any notice that a registration authority is authorised or required by this Part to serve on a person may be served—
(a) in the case of an individual—
(i) by delivering it personally to the individual, or
(ii) by sending it by post, addressed to the individual at the address recorded in the register as the individual’s residential address, business address or address for service of notices, or
(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the individual’s residential address or business address, or
(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the individual at the address recorded in the register as the individual’s address for service of electronic communications or facsimile transmissions, in accordance with the individual’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions, or
(b) in the case of a corporation—
(i) by delivering it personally to a person concerned in the corporation’s management, or
(ii) by sending it by post, addressed to the corporation at the address recorded in the register as the corporation’s business address or address for service of notices, or
(iii) by leaving it with a person apparently aged 16 years or more at the address recorded in the register as the corporation’s business address, or
(iv) by sending it by means of electronic communication or facsimile transmission, addressed to the corporation at the address recorded in the register as the corporation’s address for service of electronic communications or facsimile transmissions, in accordance with the corporation’s information technology requirements with respect to the receipt of electronic communications or facsimile transmissions.
(2) In the case of joint applicants or joint registered persons, any notice that under this Part is required to be served on an applicant or registered person is taken to have been served on all of them when it is served on any one of them.
(3) This section does not affect any other Act or law with respect to the service of notices or other documents.
57
Applications sent by facsimile
57 Applications sent by facsimile
57 Applications sent by facsimile
(1) The facsimile copy of an application sent by facsimile transmission is taken to be in writing and has the same effect as the original and, for that purpose, a facsimile signature on the facsimile copy has the same effect as an original signature.
(2) This section does not apply to any document that accompanies an application.
58
Recovery of unpaid fees
58 Recovery of unpaid fees
58 Recovery of unpaid fees
Any fee payable in connection with registration or an application for registration may be recovered by the relevant registration authority as a debt in any court of competent jurisdiction.
59
Exercise of registration authority’s functions
59 Exercise of registration authority’s functions
59 Exercise of registration authority’s functions
A registration authority’s functions under this Part may be exercised on its behalf—
(a) by the principal officer of the registration authority, or
(b) by such other person as the registration authority may authorise in that regard.
60
Application of Electronic Transactions Act 2000
60 Application of Electronic Transactions Act 2000
Subject to the provisions of the relevant registration legislation—
(a) any question as to the time and place of dispatch or receipt of an electronic communication made for the purposes of this Part is to be decided in accordance with section 13 of the Electronic Transactions Act 2000, and
(b) any question as to whether the purported originator of an electronic communication made for the purposes of this Part is bound by that communication is to be decided in accordance with section 14 of the Electronic Transactions Act 2000.
Part 4
Part 4
Part 4
61–80 (Repealed)
pt 4: Rep 2010 No 34, Sch 2.31 [1].
pt 4, div 1: Rep 2010 No 34, Sch 2.31 [1].
pt 4, div 2 (ss 61–69): Rep 2010 No 34, Sch 2.31 [1].
pt 4, div 3: Rep 2010 No 34, Sch 2.31 [1].
s 70: Am 2004 No 105, Sch 1 [4]. Rep 2010 No 34, Sch 2.31 [1].
ss 71–77: Rep 2010 No 34, Sch 2.31 [1].
pt 4, div 4 (ss 78–80): Rep 2010 No 34, Sch 2.31 [1].
Part 4A
Retention, use and protection of information
Part 4A Retention, use and protection of information
Part 4A Retention, use and protection of information
pt 4A: Ins 2004 No 105, Sch 1 [5]. Subst 2020 No 27, Sch 2[1].
80A
Application of Part
80A Application of Part
80A Application of Part
This Part applies to information, including photographs, obtained by a licensing authority in connection with—
(a) an application for the issue of a licence, or
(b) a licence issued by the authority.
s 80A: Ins 2004 No 105, Sch 1 [5]. Subst 2020 No 27, Sch 2[1].
80B
Definitions
80B Definitions
80B Definitions
In this Part—
information means information, including photographs, obtained from an applicant in connection with an application for a licence made by the applicant or from the holder of a licence in connection with the licence.
issue, in relation to a licence, includes grant or renew.
licence means a licence, registration, permit or other authorisation issued under an Act or other statutory instrument.
licensing authority means a person or body authorised under an Act or statutory instrument to grant a licence.
relevant criminal proceedings means—
(a) criminal proceedings under the legislation under which an application for a licence is made or a licence is issued, or
(b) proceedings under Part 5, Division 3 of the Crimes Act 1900 in relation to a licence.
service provider—see section 80C(1)(b).
s 80B: Ins 2004 No 105, Sch 1 [5]. Am 2011 No 41, Sch 5.16 [1]. Subst 2020 No 27, Sch 2[1].
80C
Arrangements for provision of information in connection with licences
80C Arrangements for provision of information in connection with licences
80C Arrangements for provision of information in connection with licences
(1) A licensing authority may enter into the following arrangements (information-access arrangements) to facilitate the provision or sharing of information to which this Part applies—
(a) arrangements with another licensing authority for the provision or sharing of information as a means of compliance with a lawful requirement that an applicant provide information in connection with an application for a licence,
(b) arrangements with a person or body (a service provider) for the provision by the service provider of information services in connection with the arrangements referred to in paragraph (a), being services relating to the collection, processing, disclosure or use of, or provision of access to, information.
(2) A licensing authority may only provide or share information under an information-access arrangement if—
(a) the information was obtained by the licensing authority from an applicant in connection with an application for the issue of a licence or from the holder of a licence in connection with the licence held, and
(b) the applicant consented to the sharing of the information under information-access arrangements.
(3) A licensing authority may only request information under an information-access arrangement in respect of an applicant for the issue of a licence if the licensing authority has obtained the consent of the applicant to collect the information under an information-access arrangement.
(4) Despite subsection (2), a licensing authority may provide or share information under an information-access arrangement without the consent of the applicant for a purpose referred to in section 80I(1)(d) or (e).
s 80C: Ins 2004 No 105, Sch 1 [5]. Am 2011 No 41, Sch 5.16 [2]. Subst 2020 No 27, Sch 2[1].
80D
What information-access arrangements can provide for
80D What information-access arrangements can provide for
80D What information-access arrangements can provide for
Without limiting the matters that may be provided for in information-access arrangements, the arrangements may include provision for or with respect to the following—
(a) authorising a licensing authority to take, store, use and provide information for the purposes of the arrangements, including information already held by the licensing authority in the exercise of any other functions of the licensing authority,
(b) authorising the collection of information by a licensing authority for use in connection with applications, including information to assist the licensing authority to identify applicants,
(c) authorising the disclosure by a licensing authority to another licensing authority of information held by the licensing authority for the purpose of assisting in verifying the identity of an applicant,
(d) providing for the exercise by a service provider for or on behalf of a licensing authority of any functions of the licensing authority under the arrangements,
(e) providing for the sharing of information to update and maintain consistent records between licensing authorities,
(f) the fees to be paid by a licensing authority or applicant for or in connection with services provided by another licensing authority under the arrangements.
s 80D: Ins 2004 No 105, Sch 1 [5]. Am 2011 No 41, Sch 5.16 [2]; 2013 No 19, Sch 4.36 [1]. Subst 2020 No 27, Sch 2[1].
80E
Functions for purposes of information-access arrangements
80E Functions for purposes of information-access arrangements
80E Functions for purposes of information-access arrangements
(1) Licensing authorities and service providers are authorised to enter into the information-access arrangements under this Part.
(2) Licensing authorities and service providers have and may exercise the functions conferred or imposed on them by or under the information-access arrangements.
(3) Licensing authorities are authorised to charge and recover any fees that the information-access arrangements provide are payable to a licensing authority.
(4) This section does not limit any power of a licensing authority to charge or recover a fee under another Act or otherwise.
s 80E: Ins 2004 No 105, Sch 1 [5]. Am 2011 No 41, Sch 5.16 [2]. Subst 2020 No 27, Sch 2[1].
80F
Licensing authorities required to accept photographs provided under information-access arrangements
80F Licensing authorities required to accept photographs provided under information-access arrangements
80F Licensing authorities required to accept photographs provided under information-access arrangements
(1) A photograph of an applicant provided under information-access arrangements is to be accepted by a licensing authority as having been provided by the applicant, unless the licensing authority is permitted under the arrangements to reject the photograph.
(2) A licensing authority may reject a photograph provided under an information-access arrangement, but only in the following circumstances—
(a) the photograph is not a sufficiently recent photograph, having regard to the need for the photograph to be adequate for use as a means of identification until the end of the period of currency of the licence or certificate of registration concerned,
(b) the image quality or other technical qualities of the photograph are not adequate, having regard to any special aspects of the purpose for which the photograph is to be used,
(c) the circumstances prescribed by the regulations as justifying the rejection of the photograph by a licensing authority.
s 80F: Ins 2004 No 105, Sch 1 [5]. Subst 2020 No 27, Sch 2[1].
80G
Photographs to which Division applies
80G Photographs to which Division applies
80G Photographs to which Division applies
This Division applies to photographs held by a licensing authority or service provider that were—
(a) taken by the authority or service provider and are subject to information-access arrangements, or
(b) provided to the authority or service provider under an information-access arrangement.
s 80G: Ins 2004 No 105, Sch 1 [5]. Am 2011 No 41, Sch 5.16 [2]; 2013 No 19, Sch 4.36 [2]. Subst 2020 No 27, Sch 2[1].
80H
Keeping and use of photographs
80H Keeping and use of photographs
80H Keeping and use of photographs
(1) A photograph to which this Division applies may be kept and used by a licensing authority or service provider for one or more of the following purposes only—
(a) to assist a licensing authority to verify the identity of a person whose photograph is taken or provided by another licensing authority under information-access arrangements or to assist another licensing authority to verify the identity of an applicant,
(b) to facilitate reproducing the likeness of a person on a licence in connection with which the photograph was taken or provided,
(c) the exercise of any function conferred or imposed by or under the information-access arrangements,
(d) a purpose that is reasonably necessary for the proper exercise of any of the investigative functions of the licensing authority or its conduct of any lawful investigation,
(e) for an investigation relating to or leading to relevant criminal proceedings or for the conduct of relevant criminal proceedings,
(f) for a photograph to which Part 4 of the Photo Card Act 2005 applies—a purpose for which the photograph may be kept and used by Transport for NSW under that Part,
(g) for a photograph to which Part 3.5 of the Road Transport Act 2013 applies—a purpose for which the photograph may be kept and used under that Part by the Authority within the meaning of that Act.
(2) The photograph may be used for a purpose set out in this section at the time that the photograph was obtained or at a later time.
s 80H: Ins 2004 No 105, Sch 1 [5]. Am 2005 No 20, Sch 2.2 [2]; 2011 No 41, Sch 5.16 [2]; 2013 No 19, Sch 4.36 [3]. Subst 2020 No 27, Sch 2[1].
80I
Release of photographs
80I Release of photographs
80I Release of photographs
(1) A licensing authority or service provider must ensure that a photograph to which this Division applies is not released except—
(a) in the exercise of any function conferred or imposed by or under the information-access arrangements, or
(b) for a purpose that is reasonably necessary for the proper exercise of an investigative function of the authority or service provider or its conduct of a lawful investigation, or
(c) for an investigation relating to or leading to relevant criminal proceedings or for the conduct of relevant criminal proceedings, or
(d) as provided under any other law, or
(e) to the person whose likeness is shown in the photograph, or
(f) as authorised or required under Part 4 of the Photo Card Act 2005 in respect of the release of photographs to which that Part applies, or
(g) as authorised or required under Part 3.5 of the Road Transport Act 2013 in respect of the release of photographs to which that Part applies.
(2) If the Privacy Commissioner has approved a protocol that is applicable to the release of a photograph under subsection (1)(b) or (c), the photograph must not be released otherwise than in accordance with the protocol.
s 80I: Ins 2004 No 105, Sch 1 [5]. Am 2005 No 20, Sch 2.2 [3]; 2011 No 41, Sch 5.16 [2]; 2013 No 19, Sch 4.36 [4]. Subst 2020 No 27, Sch 2[1].
80J
Access to and alteration of information
80J Access to and alteration of information
80J Access to and alteration of information
(1) Sections 14 and 15 of the Privacy and Personal Information Protection Act 1998 do not apply to a licensing authority or service provider in respect of information obtained under an information-access arrangement, except as provided by this section.
Note—
Sections 14 and 15 continue to apply in respect of a licensing authority or service provider in respect of information and photographs obtained directly from an applicant in connection with an application.
(2) If an individual makes a request of a licensing authority under section 14 of the Privacy and Personal Information Protection Act 1998 and the licensing authority obtained information about the individual under an information-access arrangement, the licensing authority is to—
(a) provide the individual with the information in accordance with that section, and
(b) specify the licensing authority or service provider from which the information was obtained.
(3) If an individual makes a request of a licensing authority under section 15 of the Privacy and Personal Information Protection Act 1998 and the licensing authority obtained information about the individual under an information-access arrangement, the licensing authority is to—
(a) forward the request to the licensing authority or service provider from which the information was obtained, and
(b) notify the individual of the licensing authority or service provider to whom the request has been forwarded.
s 80J: Ins 2004 No 105, Sch 1 [5]. Am 2011 No 41, Sch 5.16 [2]. Subst 2020 No 27, Sch 2[1].
80K
Application of privacy principles to private sector service providers
80K Application of privacy principles to private sector service providers
80K Application of privacy principles to private sector service providers
In the case of a service provider that is not a public sector agency under the Privacy and Personal Information Protection Act 1998, a licensing authority is not to enter into information-access arrangements with the service provider unless satisfied that the arrangements make appropriate provision for compliance by the service provider, in connection with its functions under the arrangements, with—
(a) sections 80H and 80I, and
(b) the information protection principles under the Privacy and Personal Information Protection Act 1998 that would be applicable to the service provider if the service provider were a public sector agency under that Act.
s 80K: Ins 2004 No 105, Sch 1 [5]. Subst 2020 No 27, Sch 2[1].
Part 4B
Digital form of licences
Part 4B Digital form of licences
Part 4B Digital form of licences
pt 4B: Ins 2022 No 2, Sch 1.1.
80L
Application of Part
80L Application of Part
80L Application of Part
This Part applies to a licence arising under licensing legislation, subject to any modifications or limitations—
(a) specified in the licensing legislation, or
(b) prescribed by the regulations under this Act.
s 80L: Ins 2022 No 2, Sch 1.1.
80M
Definitions
80M Definitions
80M Definitions
In this Part—
issue includes grant or give.
issue a licence includes restore, renew or replace a licence.
licence means—
(a) a licence, certification, enrolment, registration, accreditation, permit or other authorisation, or
(b) another document or thing prescribed by the regulations as a licence.
licensing authority means a person or body authorised under the licensing legislation to issue a licence.
licensing legislation means the Act or statutory rule under which a licence is issued.
s 80M: Ins 2022 No 2, Sch 1.1.
80N
Licences issued in digital form
80N Licences issued in digital form
80N Licences issued in digital form
(1) A licensing authority may issue a licence in a physical form, digital form or both.
(2) The licensing authority may vary the form and content of the digital form of a licence at any time so long as the licence still complies with the particulars or other matter required by this Act or the relevant licensing legislation.
s 80N: Ins 2022 No 2, Sch 1.1.
80O
Inspection of licences in digital form
80O Inspection of licences in digital form
80O Inspection of licences in digital form
(1) The holder of a licence who is required to produce the licence for inspection by a person must, if opting or required to use the digital form of the licence, show the licence to the person in a way that enables the person to properly inspect the licence.
(2) The holder of a licence is not required, when a person is inspecting the digital form of the licence, to hand over the device used to display the digital form of the licence.
(3) In this section—
produce a licence for inspection, includes show, display, provide or keep available.
s 80O: Ins 2022 No 2, Sch 1.1.
80P
Special provisions for licences in digital form
80P Special provisions for licences in digital form
80P Special provisions for licences in digital form
(1) Provisions in this Act, or another Act or law, requiring a licence to be carried or displayed are satisfied if the holder of the licence carries the device on which the digital form of the licence is capable of being displayed.
(2) Provisions in this Act, or another Act or law, requiring a licence to be physically surrendered, lodged or returned do not apply to the digital form of the licence.
(3) If a provision in this Act, or another Act or law, allows the holder of a licence to cancel the licence by physically surrendering, lodging or returning the licence together with a notice—
(a) only the physical form of the licence needs to be surrendered, lodged or returned, or
(b) if the holder of the licence only holds a digital form of the licence, only the notice needs to be submitted.
(4) Provisions in this Act, or another Act or law, requiring or permitting a licence to be physically retained or seized do not extend to the device on which the digital form of a licence is being displayed.
s 80P: Ins 2022 No 2, Sch 1.1.
80Q
Regulations
80Q Regulations
80Q Regulations
The regulations may exclude a licence or class of licences from the operation of this Part.
s 80Q: Ins 2022 No 2, Sch 1.1.
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
81
Amendment of other Acts and statutory rules
81 Amendment of other Acts and statutory rules
81 Amendment of other Acts and statutory rules
Each Act and statutory rule referred to in Schedule 4 is amended as set out in that Schedule.
82
Savings, transitional and other provisions
82 Savings, transitional and other provisions
82 Savings, transitional and other provisions
Schedule 5 has effect.
83
Review of Act
83 Review of Act
83 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
84
Regulations
84 Regulations
84 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
s 84: Ins 2020 No 27, Sch 2[2].
Schedule 1
Licences to which Part 2 of Act applies
Schedule 1 Licences to which Part 2 of Act applies
Schedule 1 Licences to which Part 2 of Act applies
section 17(1)(a), full registration as veterinary practitioner
section 17(1)(b), honorary registration as veterinary practitioner
section 17(1)(c), limited registration as veterinary practitioner
section 17(1)(d), provisional registration as veterinary practitioner
section 17(1)(e), specialist registration as veterinary practitioner
sch 2: Am 2002 No 66, Sch 2.8 [3]; 2002 No 83, Sch 2.11; 2002 No 97, Sch 1.5 [1]; 2003 No 4, Sch 1.7; 2003 No 87, Sch 3.13 [2]; 2003 No 89, Sch 2.5; 2009 No 119, Sch 2.12; 2011 No 44, Sch 3.10; 2011 No 67, Sch 4.17; 2015 No 48, Sch 1.16.
Schedule 3
Schedule 3
Schedules 3–4 (Repealed)
sch 3: Am 2003 No 69, Sch 6.5 [1]; 2006 No 59, Sch 7.10; 2009 No 61, Sch 4.6 [2]. Rep 2010 No 34, Sch 2.31 [2].
sch 3A: Ins 2004 No 105, Sch 1 [6]. Am 2009 No 61, Sch 4.6 [3]; 2010 No 59, Sch 1.16; 2010 No 119, Sch 1.22; 2011 No 67, Sch 4.17; 2018 No 5, Sch 2.10[2]. Rep 2020 No 27, Sch 2[3].
sch 4: Am 2002 No 97, Sch 1.5 [2]; 2002 No 112, Sch 1.13 [3]–[5]; 2003 No 19, Sch 2.2 [1] [2]; 2003 No 69, Sch 6.5 [2]; 2004 No 91, Sch 3; 2005 No 98, Sch 2.36; 2008 No 62, Sch 1.12 [2] [3]; 2009 No 61, Sch 4.6 [4]; 2009 No 108, Sch 1.5 [2]; 2010 No 34, Sch 2.31 [3]; 2010 No 38, Sch 3.5 [2]; 2011 No 62, Sch 5; 2012 No 42, Sch 5; 2015 No 48, sec 5; 2024 No 47, Sch 2.8[2]. Rep 2024 No 82, Sch 5.
Schedule 5
Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
(Section 82)
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Licensing and Registration (Uniform Procedures) Act 2002.
2 Commencement
2 Commencement
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation.
(2) Different days may be appointed for the commencement of Schedules 1, 2 and 3 with respect to matter relating to different Acts or statutory rules or different provisions of the same Act or statutory rule.
(3) Different days may be appointed for the commencement of a single provision of Schedule 4 for the purpose of commencing the amendments effected by the provision on different days.
2A Notes
2A Notes
2A Notes
Notes included in this Act do not form part of this Act.
s 2A: Ins 2004 No 105, Sch 1 [1].
Part 2 Uniform licensing procedures
Part 2 Uniform licensing procedures
Part 2 Uniform licensing procedures
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
3 Application of Part
3 Application of Part
3 Application of Part
(1) This Part applies to licences arising under a legislative provision referred to in Schedule 1, subject to any modifications or limitations prescribed by or under the relevant licensing legislation.
(2) A statutory rule that establishes, amends or repeals a licensing scheme may amend Schedule 1 so as to include, amend or omit any matter arising from the establishment, amendment or repeal of the scheme.
(3) In the event of an inconsistency between this Part (as applied to a licence arising under a legislative provision referred to in Schedule 1) and the relevant licensing legislation, the relevant licensing legislation prevails to the extent of the inconsistency.
(4) This Part does not limit or otherwise affect the operation of—
Duration rules are set by s 21. A renewed (but not restored) licence commences the day after the prior licence expires (s 21(2)). Hold-over provisions keep a licence in force while a timely renewal application is decided (s 21(5)), although this does not waive parallel compliance obligations such as insurance. Fees paid on a refused application (other than the processing fee) must be refunded (s 22).
Review rights are bifurcated by s 23. Where the relevant licensing legislation already provides an appeal or review, that route is used; otherwise the matter goes to the Civil and Administrative Tribunal as an administrative review under the Administrative Decisions Review Act 1997. Objectors to advertised applications enjoy parallel rights.
Division 4 contains ongoing administrative obligations. Licensees must update registered particulars within 14 days of any change (s 24(1)) and, for continuing licences, must annually certify that particulars are unchanged (s 24(2)). Continuing licences also attract an annual administration fee (s 25), again with an electronic discount. Evidentiary certificates issued by the authority are admissible (s 26). Service rules are modernised to permit electronic communication at recorded addresses (s 27). Facsimile applications are deemed originals (s 28). Unpaid fees are recoverable as debts (s 29). Functions may be exercised by the principal officer or delegate (s 30). Electronic Transactions Act rules on time and place of dispatch and originator binding are imported (s 31).
Part 3 replicates the entire structure for “registration” (defined in s 33 to include enrolment, accreditation or other authority). The language is almost identical, with registration authorities, certificates of registration and parallel provisions in ss 32–60. Minor textual differences reflect the output being a certificate rather than a licence document.
Part 4A, inserted in 2004 and substantially replaced in 2020, deals with retention, use and protection of information, including photographs. It authorises “information-access arrangements” between licensing authorities and with service providers (s 80C). Photographs may be kept and used only for identity verification, reproduction on licences, investigative functions, relevant criminal proceedings or certain transport-related purposes (s 80H). Release is tightly constrained (s 80I) and must follow an approved protocol where the Privacy Commissioner has issued one. Privacy and Personal Information Protection Act obligations are modified for information obtained via these arrangements (s 80J).
Part 4B, added in 2022, permits licences to be issued in digital form (s 80N). Inspection obligations are satisfied by displaying the digital version on a device without handing over the device (s 80O). Requirements to carry, display, surrender or seize are adapted so that only the physical form (if any) is affected (s 80P).
The Act binds the Crown (ss 5, 34) and contains regulation-making power (s 84) plus transitional provisions that grandfathered pending applications under the unamended parent Acts (Sch 5 cl 2).
Who it affects
The Act directly affects three broad classes of persons.
First, applicants and holders of the licences and registrations listed in Schedules 1 and 2. These currently include conveyancers, builders, tradespeople, owner-builders, motor dealers, repairers, recyclers, pawnbrokers, second-hand dealers, real estate agents, stock and station agents, strata managing agents, their assistants, veterinary hospital operators, architects, land and mining surveyors, and veterinary practitioners. Any individual aged 18 or more, any partnership or association of such individuals, or any corporation may apply (ss 6, 35). Joint applicants or licensees are treated as a single entity for service (ss 27(2), 56(2)).
Second, licensing and registration authorities. These are the persons or bodies named in the parent legislation (defined in ss 4 and 33). They include statutory bodies, local councils and public offices. Their principal officer is automatically empowered to exercise the Act’s functions (ss 30, 59) unless another person is prescribed. Authorities must publish advertised applications, decide within deemed timeframes, issue documents containing mandatory particulars, maintain registers, issue evidentiary certificates and enter information-access arrangements where appropriate.
Third, objectors and third parties. Any member of the public may make submissions on an advertised application (ss 15, 44). An objector who remains aggrieved by a grant or by the absence of particular discretionary conditions obtains review rights (s 23(2), s 52(2)) and may become a party to NCAT proceedings (s 23(3), s 52(3)).
Service providers under information-access arrangements (s 80B) and the Privacy Commissioner (s 80I(2)) also occupy defined roles. Because the Act overlays dozens of parent statutes, its procedural rules indirectly affect regulators, disciplinary bodies and courts that must interpret the interaction between the uniform rules and the specific licensing regime.
Key duties and rights
Duties of applicants and licensees include:
Providing accurate information and, if requested, criminal history details (s 14(2), s 43(2)).
Updating registered particulars within 14 days (ss 24(1), 53(1)) and, for continuing licences or registrations, giving annual unchanged-particulars notices (ss 24(2), 53(2)).
Paying annual administration fees for continuing licences or registrations (ss 25, 54).
Notifying changes via the correct channel and in the form required by the authority’s information technology requirements (s 12(5), s 41(5)).
When displaying a digital licence, ensuring the display enables proper inspection (s 80O(1)).
Duties of authorities include:
Serving notice of decisions within 14 days (ss 19(1), 48(1)).
Giving written reasons on request (ss 19(3), 48(3)), except where NCAT review is available.
Refunding all but the processing fee on refusal or withdrawal (ss 22, 51).
Recording mandatory particulars in the register and issuing compliant documents (ss 20, 49).
Complying with strict limits on photograph retention and release (ss 80H–80I).
Accepting photographs provided under information-access arrangements unless one of the three rejection grounds in s 80F(2) applies.
Rights are largely procedural. Applicants have a right to a decision within 28 days (subject to extensions) or a deemed refusal that triggers review (ss 17, 46). Both applicants and objectors may seek review either under the parent legislation or, if none is provided, by administrative review in NCAT (ss 23, 52). Licensees may apply to amend, transfer, renew, restore or replace at any time while the licence is in force or, in the case of restoration, after expiry or cancellation (ss 7–11, 36–40). Electronic lodgment attracts a mandatory fee discount (ss 13(2), 42(2)). Holders of digital licences need not physically surrender them to cancel (s 80P(3)(b)).
Penalties and enforcement
The Act itself creates few direct offences. Its enforcement mechanism is primarily administrative. Failure to update particulars or pay the annual administration fee breaches a condition of the licence or registration (ss 24, 25, 53, 54). That breach may trigger disciplinary proceedings under the relevant licensing or registration legislation, which in turn may lead to conditions, suspension or cancellation.
Unpaid fees are recoverable as a debt (ss 29, 58). Evidentiary certificates are admissible without further proof (ss 26, 55), easing enforcement in collateral proceedings.
Part 4A imposes indirect sanctions. Release of a photograph contrary to s 80I could expose the authority or service provider to Privacy and Personal Information Protection Act complaints or, in extreme cases, civil damages. Section 80K requires a licensing authority to satisfy itself that a private-sector service provider will comply with information protection principles before entering an information-access arrangement.
Because the Act operates as an overlay, the substantive penalties for practising without a licence remain those in the parent Acts (for example, offences under the Home Building Act 1989 or the Property and Stock Agents Act 2002). The uniform procedures merely streamline the administrative path that leads to those sanctions.
How it interacts with other laws
The Act is expressly subordinate. Where the relevant licensing or registration legislation is inconsistent, that legislation prevails (ss 3(3), 32(3)). Schedules 1 and 2 are living lists; a statutory rule that creates a new licensing scheme may itself amend the Schedule (ss 3(2), 32(2)).
The Act is carefully carved out from mutual recognition regimes (ss 3(4), 32(4)). It does not limit the Mutual Recognition Act 1992 (Cth) or the Trans-Tasman Mutual Recognition Act 1997 (Cth).
Part 4A interacts with the Privacy and Personal Information Protection Act 1998. Sections 14 and 15 of that Act (access and correction) are disapplied for information obtained under information-access arrangements, replaced by a forwarding mechanism (s 80J). The Photo Card Act 2005 and Part 3.5 of the Road Transport Act 2013 are expressly preserved as additional permitted uses and releases of photographs (ss 80H(1)(f)–(g), 80I(1)(f)–(g)).
Part 4B modifies general document-production and seizure rules found in other statutes. A requirement to “produce” or “carry” a licence is satisfied by displaying the digital version (s 80P(1)). Physical seizure provisions do not extend to the device displaying the digital licence (s 80P(4)).
The Electronic Transactions Act 2000 is applied to questions of time, place and binding of electronic communications (s 31, s 60), but facsimile is carved out of the definition of electronic communication (ss 4, 33) and given separate treatment (ss 28, 57).
Transitional provisions in Schedule 5 ensured that applications lodged before the amendments to parent Acts were determined under the old law, while existing licences were deemed granted under the new uniform procedures.
Recent changes and why
Three tranches of significant amendment are visible on the face of the Act.
The 2004 amendments (No 105) inserted s 2A (notes not part of Act), expanded s 14 and s 43 to allow photographic evidence, inserted the original Part 4A on photographic identification, and made consequential changes to Schedules. The stated reason was to facilitate secure photographic licensing and to resolve practical difficulties with paper-based identity verification.
The 2020 amendments (No 27) wholly substituted Part 4A. The new provisions broadened “information-access arrangements” to any licensing authority (not merely those issuing photo licences), introduced service providers, tightened consent rules while creating exceptions for investigative and criminal purposes, and aligned photograph use with the Photo Card Act 2005 and road transport legislation. The changes responded to increasing inter-agency data sharing, the need for consistent identity verification across licence types, and privacy concerns raised by the use of facial recognition technology.
The 2022 amendments (No 2) inserted Part 4B. This was a direct response to the shift toward smartphone-based proof of licensing. Section 80N permits authorities to issue digital-only licences; ss 80O and 80P adapt physical-world obligations (carry, display, surrender, seizure) to a digital environment. The reform reduces administrative burden, eliminates lost-licence replacement applications for digital holders, and aligns with similar reforms in driver licensing and photo cards.
Minor amendments have also updated NCAT references (2013 No 95) and added or removed schemes from the Schedules as new regulatory regimes are created or repealed.
Court challenges and controversies
Because the Act is procedural, most litigation occurs in NCAT or the courts under the parent Acts, with the uniform procedures forming the background. No major High Court or Court of Appeal authority has turned on the Act’s core provisions. However, several recurring controversies appear in the case law and extrinsic materials.
First, the interaction between the 28-day deemed refusal (ss 17, 46) and the power to continue dealing after expiry has generated disputes about when an applicant’s review rights crystallise. Tribunals have held that the authority may still grant the application after the 28 days provided it has not communicated a refusal (see NCAT decisions applying the predecessor Administrative Decisions Tribunal).
Second, the scope of “discretionary condition” has been contentious. Section 4 and s 33 exclude conditions imposed after disciplinary proceedings. Licensees have argued that certain conditions labelled “standard” in parent legislation are in fact discretionary and therefore reviewable under s 23 or s 52. Tribunals have generally followed the statutory definition strictly.
Third, Part 4A’s photograph-release provisions have raised privacy concerns. The requirement that release for investigative purposes follow an approved Privacy Commissioner protocol (s 80I(2)) has led to challenges where no protocol existed at the relevant time. Authorities have relied on the “any other law” exception (s 80I(1)(d)) to circumvent some restrictions, prompting calls for tighter legislative guardrails.
Fourth, the digital-licence provisions in Part 4B are still relatively new. Early compliance controversies have centred on whether a QR code linking to a database satisfies the “display” obligation in s 80O, or whether the device must show the licence in an offline format. The Act leaves these matters to the form approved by the licensing authority (s 80N(2)).
No constitutional challenges have succeeded; the Act’s binding of the Crown (ss 5, 34) and its procedural character have insulated it from most federalism arguments.
Gotchas
Most practitioners miss three subtle traps.
First, the annual “no-change” certification for continuing licences (ss 24(2), 53(2)) is a licence condition. Failure to file the notice within 14 days after each anniversary is not merely administrative oversight; it is grounds for disciplinary action even if every particular is in fact unchanged. Many licensees assume the obligation is satisfied by paying the administration fee under s 25 or s 54; the two obligations are cumulative.
Second, the electronic fee discount (ss 13(2), 42(2), 25(2), 54(2)) is mandatory. An authority that charges the full amount commits an error of law. Yet because the discount is calculated on the “processing fee” or “licence administration fee” prescribed by the relevant licensing legislation, practitioners must check the parent regulation, not the Act itself.
Third, s 14(4) and s 43(4) remove the right of review where an application is refused solely for non-provision of further information. Applicants who receive a “please provide criminal history” letter often ignore it, assuming they can fight the merits later. Once the 14-day period expires the authority may refuse without reaching the merits, and NCAT has no jurisdiction to review that procedural refusal. The only remedy is judicial review, which is narrower.
Another hidden interaction: s 21(6) and s 50(6) expressly state that the hold-over during renewal does not waive parallel statutory requirements such as insurance. A builder who lets public liability insurance lapse during a timely renewal application remains uninsured even though the licence is notionally “in force”.
Finally, Part 4B does not automatically apply to every licence. Section 80L subjects its operation to modifications or exclusions in the licensing legislation or regulations. Some older statutes have not yet been updated; a digital version issued under the Act may therefore lack legal effect for the purposes of the parent Act until that Act is amended or a regulation is made under s 80Q.
How to comply
Compliance begins with identifying the correct parent legislation and confirming that the licence or registration appears in Schedule 1 or 2. Once confirmed, map every procedural step against the uniform Act while noting any modifications stated in the parent statute.
For applications:
Use the authority’s approved form or electronic portal.
Provide all mandatory information up-front; anticipate s 14 or s 43 requests by attaching criminal history and evidence.
For advertised applications, publish or pay for publication exactly as required and diarise the 14–28 day submission window.
Calculate the 28-day decision clock, excluding the statutory pause periods, and lodge any review promptly upon deemed refusal.
For existing holders:
Diarise the anniversary of issue (not renewal) for both the no-change notice and the administration fee.
Notify any change of name or address within 14 days, using the authority’s electronic system where available to obtain the discount.
If only a digital licence is held, ensure the device can display it offline or via a secure app that meets the authority’s information technology requirements.
When surrendering to cancel, remember that only the physical form (if any) need be returned (s 80P(3)).
Authorities should:
Maintain current information-access arrangements with other regulators and service providers, ensuring consent language in application forms satisfies s 80C(2)–(3).
Publish protocols required by s 80I(2) in consultation with the Privacy Commissioner.
Approve digital licence formats that contain all particulars required by s 20 or s 49 and that cannot be altered by the holder.
Issue evidentiary certificates under s 26 or s 55 liberally; they shortcut proof in enforcement proceedings.
Regular audits should check that registered particulars are being updated and that annual fees and notices are being collected. Where an application is complex, consider referring it for external assessment early so that the excluded time under s 17(3)(d) or s 46(3)(d) does not create false urgency.
In short, treat the Act as the default operating system for every listed licence and registration. Deviate from it only where the parent legislation expressly modifies or displaces a provision, and document that displacement. Maintain a central compliance calendar keyed to each licence’s issue anniversary rather than its expiry date. For digital licences, test the display process in the presence of an inspector before relying on it in the field. Following these steps converts the Act’s apparent complexity into a predictable, repeatable administrative rhythm that minimises both regulatory burden and disciplinary risk.
advertised application means an application referred to in section 15(1).
application means any application referred to in Division 2.
continuing licence means a licence that is not a fixed-term licence.
discretionary condition, in relation to a licence, means a condition that the relevant licensing legislation authorises to be imposed on the licence, but does not include a condition—
(a) that the relevant licensing legislation or this Part imposes, or requires to be imposed, on the licence, or
(b) that the relevant licensing legislation authorises to be imposed on the licence in consequence of any disciplinary proceedings against the licensee.
electronic communication has the same meaning as it has in the Electronic Transactions Act 2000, but does not include communication by means of facsimile transmission.
fixed-term licence means a licence that, under the relevant licensing legislation, has effect for a fixed period or until a fixed date.
information technology requirements includes software requirements.
licence includes any permit, approval, certificate, exemption or other such authority, other than a certificate issued in connection with registration under Part 3.
licensing authority means the person or body that, under the relevant licensing legislation, is authorised to grant a licence.
licensing legislation means the Act or statutory rule under which a licence is granted.
objector, in relation to an advertised application, means a person who has made submissions with respect to the application under section 15.
principal officer, in relation to a licensing authority, means the person prescribed by or under the relevant licensing legislation as the principal officer of that authority for the purposes of this Part or, if no such person is prescribed—
(a) if the authority is a statutory body—
(i) in the case of a body corporate that has no members, the person who manages the authority’s affairs, or
(ii) in the case of a body constituted by one person, that person, or
(iii) in the case of a body constituted by more than one person, the person entitled to preside at meetings of those persons, or
(b) if the authority is the council of a local government area, the general manager of the council, or
(c) if the authority is a public office, the holder of that office.
processing fee, in relation to an application, means any fee prescribed by or under the relevant licensing legislation as a fee to cover—
(a) the costs incurred by the relevant licensing authority in processing the application, and
(b) in the case of an advertised application, the costs incurred by the relevant licensing authority in advertising the application.
registered particulars means such particulars with respect to a licence as are required by or under the relevant licensing legislation to be registered or recorded by the relevant licensing authority.
5 Part binds Crown
5 Part binds Crown
5 Part binds Crown
This Part binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Division 2 Applications
Division 2 Applications
Division 2 Applications
6 Applications for granting of licences
6 Applications for granting of licences
6 Applications for granting of licences
(1) An application for the granting of a licence may be made to the relevant licensing authority by any individual aged 18 years or more, by any partnership or other association whose members are all individuals aged 18 years or more or by any corporation.
(2) If the relevant licensing legislation provides for the issuing of different classes of licence, the application must specify the class of licence sought by the applicant.
(3) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
7 Applications for amendment of licences
7 Applications for amendment of licences
7 Applications for amendment of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be amended.
(2) An application for the amendment of a licence may be made to the relevant licensing authority by the licensee at any time while the licence is in force.
8 Applications for transfer of licences
8 Applications for transfer of licences
8 Applications for transfer of licences
(1) This section applies to any licence that, pursuant to the relevant licensing legislation, may be transferred.
(2) An application for the transfer of a licence may be made to the relevant licensing authority by the licensee, together with the proposed transferee, at any time while the licence is in force.
(3) The proposed transferee may be any individual aged 18 years or more, any partnership or other association whose members are all individuals aged 18 years or more or any corporation.
9 Applications for renewal of licences
9 Applications for renewal of licences
9 Applications for renewal of licences
(1) An application for the renewal of a fixed-term licence may be made to the relevant licensing authority by the licensee—
(a) in the case of a licence having a term of less than 3 months, at any time within 2 weeks before the licence expires, or
(b) in the case of a licence having a term of 3 months or more up to 12 months, at any time within 4 weeks before the licence expires, or
(c) in the case of a licence having a term of more than 12 months, at any time within 8 weeks before the licence expires.
(2) If the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
10 Applications for restoration of licences
10 Applications for restoration of licences
10 Applications for restoration of licences
(1) An application for the restoration of a licence may be made to the relevant licensing authority by the licensee at any time after the licence expires or is cancelled.
(2) If in the case of a fixed-term licence the relevant licensing legislation provides for the issuing of licences for varying terms, the application must specify the term of licence sought by the applicant.
11 Applications for replacement of licences
11 Applications for replacement of licences
11 Applications for replacement of licences
An application for the replacement of a licence may be made to the relevant licensing authority by the licensee if the licence is lost, damaged or destroyed.
12 Procedure for making applications
12 Procedure for making applications
12 Procedure for making applications
(1) An application may be made in writing or by means of electronic communication.
(2) An application with respect to a partnership or other association may be made on its behalf by any duly authorised member or employee.
(3) An application with respect to a corporation may be made on its behalf by any director or by any duly authorised employee.
(4) If made in writing, an application—
(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and
(b) must be signed—
(i) by the applicant, and
(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and
(c) must be lodged with, or sent to, the relevant licensing authority.
(5) If made by means of electronic communication, an application—
(a) must contain such information as is required by the relevant application form or as is otherwise required by or under the relevant licensing legislation, and
(b) must be authenticated, as required by the relevant licensing authority—
(i) by the applicant, and
(ii) in the case of an application for the transfer of a licence, by the proposed transferee, and
(c) must be lodged with the relevant licensing authority in accordance with that authority’s information technology requirements for the receipt of electronic communications.
(6) A single application may be made to the same licensing authority in relation to more than one licence.
13 Application fees
13 Application fees
13 Application fees
(1) An applicant must make provision, as required by the relevant licensing authority, for paying any fees payable under the relevant licensing legislation in connection with the application.
(2) In the case of an application made by means of electronic communication, any processing fee that is otherwise payable in respect of the application—
(a) is to be reduced by $5, or
(b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar,
whichever results in the greater reduction.
Division 3 Determination of applications
Division 3 Determination of applications
Division 3 Determination of applications
14 Provision of further information and supporting evidence
14 Provision of further information and supporting evidence
14 Provision of further information and supporting evidence
(1) The relevant licensing authority may serve notice on an applicant requiring the applicant to provide—
(a) such information further to the original information contained in the application, and
(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,
as the authority may require to enable it to deal with the application.
Note—
Part 4A makes special provision for photographic identification for some licences.
(2) In particular, the relevant licensing authority may require an applicant to provide—
(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and
(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.
(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant licensing authority may refuse the application without dealing with it any further.
(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 22 but not to a right of review under section 23.
s 14: Am 2004 No 105, Sch 1 [2].
15 Advertising of applications
15 Advertising of applications
15 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant licensing legislation, is required to be advertised.
(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales—
(a) by the applicant, or
(b) by the relevant licensing authority,
as the relevant licensing legislation requires.
(3) The notice must indicate—
(a) that any person may make submissions to the relevant licensing authority with respect to the application, and
(b) the procedure by which, and the date before which, any such submission must be lodged.
(4) The date referred to in subsection (3)(b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
16 Withdrawal of applications
16 Withdrawal of applications
16 Withdrawal of applications
(1) An applicant may withdraw an application at any time before a licence is issued under section 20.
(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 22.
17 Period within which applications to be dealt with
17 Period within which applications to be dealt with
17 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a licensing authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.
(2) A licensing authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.
(3) In calculating a period referred to in subsection (1), the following periods are to be excluded—
(a) any period between—
(i) the date on which a request for further information or supporting evidence is made under section 14, and
(ii) the date on which that further information or supporting evidence is furnished,
(b) any period between—
(i) the date on which a notice is published under section 15 with respect to the application, and
(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,
(c) in the case of an application that the relevant licensing authority is required to refer to some ot
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