Traders (Licensing) Act 2016 (ACT)

This Act creates a licensing system for five trader categories in the Australian Capital Territory, sets the mechanics for applying for, issuing, transferring, amending, renewing and cancelling trader licences, establishes a publicly inspectable licence register, provides for occupational discipline via the ACT Civil and Administrative Tribunal (ACAT), creates criminal offences for unlicensed trading and related conduct, and delegates rule‑making and fee functions to the Executive and the Minister. The Act identifies which existing Acts are "operational Acts" for the purposes of imposing licence conditions or other requirements (s 6). The trader categories covered are motor vehicle dealer, motor vehicle repairer, motor vehicle wholesaler, pawnbroker and second‑hand dealer (s 7; see ss 9-13 for cross‑references).

Mechanically, the Act authorises the commissioner for fair trading to issue licences for up to 5 years (s 19), subject to conditions required by an operational Act, imposed by the commissioner, or prescribed by regulation (s 20). The commissioner must decide licence, transfer and renewal applications within the decision‑making period, which the dictionary sets as 60 days unless a regulation prescribes otherwise (dict). Applications must be in writing and include identity, trading name and trading address information and other prescribed material (ss 22, 24, 26); the commissioner may ask for further information and may refuse to consider applications if the applicant does not comply (s 32).

The Act sets out criminal offences with maximum penalty units for carrying out a licensed activity when not licensed (s 45), falsely representing that one is licensed (s 46), failing to comply with licence conditions (s 47), and failing to surrender a licence when suspended or cancelled (s 48). The republication records the penalty unit values as at 5 January 2026: $160 per unit for an individual and $810 per unit for a corporation, which translates into the dollar equivalents of the Act’s penalty‑unit maxima at that date (see header note and s 5 note re Criminal Code application). The Minister may determine fees (s 52) and the Executive may make regulations about licences, registers and supervision of licensees’ activities, including creation of minor offences (s 53).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Traders (Licensing) Act 2016 A2016-46 Republication No 4 Effective: 5 January 2026 Republication date: 5 January 2026 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Traders (Licensing) Act 2016 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 5 January 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Traders (Licensing) Act 2016 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 Part 2 Important concepts 6 Meaning of operational Act 3 7 Meaning of trader 3 9 Meaning of motor vehicle dealer 3 10 Meaning of motor vehicle repairer 4 11 Meaning of motor vehicle wholesaler 4 12 Meaning of pawnbroker 4 13 Meaning of second-hand dealer 4 14 Classes of traders 4

Contents Page contents 2 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Traders licences Division 3.1 Preliminary 15 Definitions—pt 3 5 Division 3.2 About traders licences 16 Licensable entity 6 17 Eligibility of entity 6 18 Suitability of entity 7 19 Traders licence term and form 7 20 Conditions for traders licence 8 21 Exemption from licensing 9 Division 3.3 Licensing and licence management 22 Licence application 9 23 Licence issue 10 24 Transfer application 10 25 Transfer decision 11 26 Renewal application 12 27 Renewal decision 12 28 Late renewal application 13 29 Late renewal decision 14 30 Temporary licence following death of licensee 14 31 Amendment of licence 16 32 Commissioner may request more information 16 33 Issue of copy of licence 17 34 Surrender of licence 17 35 Surrender of licence during suspension 17 36 Cancellation of licence issued by mistake 18 Division 3.4 Licence register 37 Licence register 18 38 Correcting register and keeping it up-to-date 19 Part 4 Occupational discipline and other disciplinary action 39 Meaning of licensee—pt 4 20 40 Meaning of ground for occupational discipline—pt 4 20

Contents Page R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 41 Application to ACAT for occupational discipline 21 42 Considerations before making occupational discipline orders 21 43 Information about cancellations etc to be given to corresponding authorities 22 Part 5 Offences 44 Meaning of licensed—pt 5 24 45 Carrying out licensed activity when not licensed 24 46 False or misleading representations 24 47 Failure to meet condition of licence 25 48 Failure to surrender licence 25 Part 6 Notification and review of decisions 49 Meaning of reviewable decision—pt 6 26 50 Reviewable decision notices 26 51 Applications for review 26 Part 7 Miscellaneous 52 Determination of fees 27 53 Regulation-making power 27 54 Operation of Act with other rights etc 28 55 Evidence of licensing 28 Schedule 1 Reviewable decisions 29 Dictionary 30 Endnotes 1 About the endnotes 32 2 Abbreviation key 32 3 Legislation history 33 4 Amendment history 34

Contents Page contents 4 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications 36 6 Expired transitional or validating provisions 36

R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Traders (Licensing) Act 2016 An Act to regulate the licensing of traders, and for other purposes

Part 1 Preliminary Section 1 page 2 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Traders (Licensing) Act 2016. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘licensee, for part 4 (Occupational discipline and other disciplinary action)—see section 39.’ means that the term ‘licensee’ is defined in that section for part 4. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Important concepts Part 2 Section 6 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Important concepts 6 Meaning of operational Act Each of the following is an operational Act: (a) the Fair Trading (Motor Vehicle Repair Industry) Act 2010; (b) the Pawnbrokers Act 1902; (c) the Sale of Motor Vehicles Act 1977; (d) the Second-hand Dealers Act 1906. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). 7 Meaning of trader Each of the following (a trader category) is a trader: (a) motor vehicle dealer; (b) motor vehicle repairer; (c) motor vehicle wholesaler; (d) pawnbroker; (e) second-hand dealer. 9 Meaning of motor vehicle dealer In this Act: motor vehicle dealer means a dealer under the Sale of Motor Vehicles Act 1977.

Part 2 Important concepts Section 10 page 4 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Meaning of motor vehicle repairer (1) In this Act: motor vehicle repairer means an entity that carries on business as a motor vehicle repairer if the entity performs motor vehicle repair work for reward. (2) In this section: motor vehicle repair work—see the Fair Trading (Motor Vehicle Repair Industry) Act 2010, dictionary. 11 Meaning of motor vehicle wholesaler In this Act: motor vehicle wholesaler means a wholesaler under the Sale of Motor Vehicles Act 1977. 12 Meaning of pawnbroker In this Act: pawnbroker—see the Pawnbrokers Act 1902, dictionary. 13 Meaning of second-hand dealer In this Act: second-hand dealer—see the Second-hand Dealers Act 1906, dictionary. 14 Classes of traders A regulation may divide a trader category into classes.

Traders licences Part 3 Preliminary Division 3.1 Section 15 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Traders licences Division 3.1 Preliminary 15 Definitions—pt 3 (1) In this part: influential person, for a corporation, means any of the following: (a) an executive officer of the corporation; (b) a person who may exercise a relevant power in relation to the corporation; (c) a related corporation; (d) an executive officer of a related corporation. trading address means the address of the premises where a trader carries on a licensed activity. trading name means the name under which a trader carries on a licensed activity. (2) In this section: related corporation means a related body corporate under the Corporations Act. relevant power, for a corporation, means a power— (a) to take part in a directorial, managerial or executive decision for the corporation; or (b) to elect or appoint a person as an executive officer in the corporation; or (c) to exercise a significant influence in relation to the conduct of the corporation.

Part 3 Traders licences Division 3.2 About traders licences Section 16 page 6 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 About traders licences 16 Licensable entity The following entities may be licensed as a trader: (a) an individual; (b) a partnership; (c) a corporation; (d) an association declared under the Associations Incorporation Act 1991, section 15 and incorporated under that Act. 17 Eligibility of entity (1) A regulation may provide eligibility requirements for an entity to be licensed as a trader, including the qualifications the entity must have to be licensed. (2) A regulation may provide for how an entity may, or must, show that the entity satisfies an eligibility requirement. Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (3) The Minister may declare that a class of corporation is only eligible to hold a licence if a stated number or percentage of individuals carrying out a licensed activity for the corporation hold individual licences to carry out the activity. (4) The Minister may only make a declaration if satisfied on reasonable grounds the declaration is in the public interest. (5) A declaration is a disallowable instrument.

Traders licences Part 3 About traders licences Division 3.2 Section 18 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Suitability of entity In deciding whether an entity is a suitable entity to hold a licence, the commissioner— (a) must consider the following: (i) suitability information about the entity, and each relevant person for the entity, prescribed by regulation; (ii) any information given to the commissioner under section 32 (Commissioner may request more information); and (b) may consider whether the premises where the entity intends to carry out the licensed activity are— (i) suitable premises for carrying out the licensed activity; and (ii) premises that the entity is entitled to use. 19 Traders licence term and form (1) A licence may be issued for up to 5 years. (2) A licence must state, in writing— (a) a unique identifying number for the licence; and (b) the licensee’s name; and (c) the licensee’s trading name; and (d) the trader category and trader class (if any) for which the licence is issued; and (e) the date of expiry for the licence; and (f) any condition that applies to the licence.

Part 3 Traders licences Division 3.2 About traders licences Section 20 page 8 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Conditions for traders licence (1) A licence is subject to any condition— (a) required under an operational Act; or (b) imposed by the commissioner when issuing the licence or by written notice given to the licensee at any other time; or (c) prescribed by regulation. Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48). (2) The commissioner may impose a condition on a licence at any time— (a) if satisfied on reasonable grounds the condition is in the public interest; or (b) for a reason prescribed by regulation. (3) The commissioner must give the licensee written notice of the condition. (4) A condition on a licence takes effect on the later of— (a) the day stated by the commissioner in the notice; or (b) if the applicant applies to the ACAT for a review of the imposition of the condition and the ACAT upholds the condition—5 working days after the day the ACAT makes the decision; or (c) 5 working days after the day the commissioner gives the licensee notice.

Traders licences Part 3 Licensing and licence management Division 3.3 Section 21 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 Exemption from licensing (1) The commissioner may declare that an entity may carry out the activities of a trader in a trader category or trader class without a licence. (2) The commissioner may only make a declaration if the commissioner is satisfied that allowing the trader to trade without a licence is in the public interest. (3) A declaration is a notifiable instrument. Division 3.3 Licensing and licence management 22 Licence application (1) An entity may apply to the commissioner for a licence as a trader in a trader category or trader class. (2) An application may be made for a licence in more than 1 trader category or trader class. (3) The application must— (a) be in writing; and (b) state— (i) the applicant’s name; and (ii) the applicant’s trading name; and (iii) the applicant’s proposed trading address or addresses; and (c) include information to show the applicant is eligible to be licensed in the trader category or class; and (d) include any information prescribed by regulation.

Part 3 Traders licences Division 3.3 Licensing and licence management Section 23 page 10 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Licence issue (1) If an entity applies for a licence, the commissioner must, within the decision-making period— (a) issue the licence; or (b) refuse to issue the licence. Note A licence may be issued with a condition (see s 20). (2) The licence may authorise the entity to carry on business in— (a) more than 1 trader category; and (b) more than 1 trader class. (3) The commissioner may issue the licence to the entity only if the commissioner is satisfied— (a) about the identity of each relevant person for the entity; and (b) that the entity— (i) is eligible to hold the licence; and (ii) is a suitable entity to hold the licence. 24 Transfer application (1) A licensee may apply to the commissioner to transfer a licence in a prescribed trader category or trader class to another entity (the transferee). (2) An application must— (a) be in writing; and (b) include evidence to show that the licensee and transferee agree to the transfer; and

Traders licences Part 3 Licensing and licence management Division 3.3 Section 25 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) state— (i) the transferee’s name; and (ii) the transferee’s trading name; and (iii) the transferee’s proposed trading address or addresses; and (d) include information to show the transferee is eligible to be licensed in the trader category or class; and (e) include any information prescribed by regulation. 25 Transfer decision (1) If a licensee applies to transfer a licence, the commissioner must, within the decision-making period— (a) approve the transfer; or (b) refuse to approve the transfer. (2) The commissioner may approve the transfer to the transferee only if the commissioner is satisfied— (a) about the identity of a relevant person for the transferee; and (b) that the transferee— (i) is eligible to hold the licence; and (ii) is a suitable entity to hold the licence. (3) A transfer is subject to any condition— (a) required under an operational Act; or (b) if the commissioner is satisfied on reasonable grounds that imposing a condition is in the public interest—imposed by the commissioner when approving the transfer; or

Part 3 Traders licences Division 3.3 Licensing and licence management Section 26 page 12 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) prescribed by regulation. Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48). 26 Renewal application (1) A licensee may apply, in writing, to the commissioner to renew the licence up to 6 months before the licence expires. (2) The application must— (a) be in writing; and (b) include information to show the applicant remains eligible and suitable to be licensed in the trader category or class; and (c) include any information prescribed by regulation. (3) If a licensee applies to renew a licence, the licence remains in force until the application is decided. 27 Renewal decision (1) If a licensee applies to renew a licence, the commissioner must, within the decision-making period— (a) renew the licence; or (b) refuse to renew the licence. (2) However, if the commissioner has asked the licensee to do a thing in relation to being a licensee, and the licensee has not yet done the thing, the commissioner must not renew the licence until the thing is done. Examples—thing not done • pay a fee • provide information • condition of licence met

Traders licences Part 3 Licensing and licence management Division 3.3 Section 28 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A licence may be renewed for up to 5 years. (4) The renewal of a licence— (a) starts immediately after the licence would have expired if it had not been renewed; and (b) if there is a condition imposed on the licence—does not affect the condition. (5) A renewal is subject to any condition— (a) required under an operational Act; or (b) if the commissioner is satisfied on reasonable grounds imposing a condition is in the public interest—imposed by the commissioner when approving the renewal; or (c) prescribed by regulation. Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48). 28 Late renewal application (1) This section applies if a licensee fails to apply to the commissioner to renew the licence before the day the licence expires (the expiry day). (2) Within 1 year after the expiry day the licensee may apply to the commissioner to renew the licence (a late renewal). (3) The application must— (a) be in writing; and (b) include information to show the applicant remains eligible and suitable to be licensed in the trader category or class; and (c) include any information prescribed by regulation.

Part 3 Traders licences Division 3.3 Licensing and licence management Section 29 page 14 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If a licensee applies for a late renewal, the licence remains in force but is taken to be suspended for the period between the expiry day and the day the renewal decision is made. 29 Late renewal decision (1) If a licensee applies for a late renewal, the commissioner must, within the decision-making period— (a) renew the licence; or (b) refuse to renew the licence. (2) However, if the commissioner has asked the licensee to do a thing in relation to being a licensee, and the licensee has not yet done the thing, the commissioner must not renew the licence until the thing is done. (3) A licence may be renewed for up to 5 years. (4) The renewal of a licence starts on the day the renewal decision is made. (5) If a condition is imposed on the licence, late renewal does not affect the condition. 30 Temporary licence following death of licensee (1) This section applies if— (a) a licensee dies; and (b) an entity is, is named as, or is otherwise entitled to become, a legal personal representative of the deceased licensee (an eligible personal legal representative). (2) The entity may apply to the commissioner for authorisation to carry on the business of the deceased licensee for a period of not longer than 6 months.

Traders licences Part 3 Licensing and licence management Division 3.3 Section 30 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The application must— (a) be in writing; and (b) be made within— (i) 28 days after the death of the licensee; or (ii) a longer period agreed by the commissioner; and (c) state the applicant’s name; and (d) include information to show the applicant is eligible to be licensed in the trader category or class; and (e) include evidence to show the applicant is an eligible personal legal representative; and (f) state the period, not longer than 6 months after the date of death of the deceased licensee, for which the authorisation is sought; and (g) include any information prescribed by regulation. (4) The commissioner may authorise the applicant to carry on the deceased licensee’s business only if the commissioner is satisfied the applicant is— (a) eligible and suitable to be licensed in the trader category or class for which the deceased licensee was licensed; and (b) an eligible personal legal representative of the deceased licensee. (5) An entity authorised to carry on the business of the deceased licensee— (a) is taken to be the licensee of the deceased licensee’s licence for the period for which the authorisation is approved; and (b) must carry on the business with the same trading name and trading address.

Part 3 Traders licences Division 3.3 Licensing and licence management Section 31 page 16 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 31 Amendment of licence (1) If the commissioner becomes aware that 1 or more of the following change, the commissioner may amend a licensee’s licence to reflect the change: (a) the licensee’s name; (b) the licensee’s trading name; (c) a trading address for the licensee; (d) a condition that applies to the licence. (2) The commissioner may also amend the licence at any time, at the request of the licensee or otherwise, if the commissioner believes on reasonable grounds the amendment is necessary. 32 Commissioner may request more information (1) This section applies to— (a) an application for a licence under section 22; and (b) an application to transfer a licence under section 24; and (c) an application to renew a licence under section 26; and (d) an application for a late renewal of a licence under section 28; and (e) an application for a temporary licence under section 30; and (f) a request to amend a licence under section 31. (2) The commissioner may ask an applicant to give the commissioner, within a stated reasonable time, information about the applicant or a relevant person for the applicant that the commissioner reasonably needs to decide the application. (3) If the applicant does not comply with a requirement in the request, the commissioner may refuse to consider the application further.

Traders licences Part 3 Licensing and licence management Division 3.3 Section 33 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 33 Issue of copy of licence The commissioner may issue a licensed trader with a copy of the trader’s licence if the commissioner is satisfied the licence— (a) is in force; and (b) has been lost or destroyed. 34 Surrender of licence (1) A licensee may surrender the licensee’s licence to the commissioner before the licence expires by giving the commissioner— (a) a written statement that the licensee surrenders the licence; and (b) for a physical licence—the licence. (2) The licence is cancelled on the day stated by the commissioner after receiving— (a) the written statement; and (b) for a physical licence—the licence. (3) The commissioner must tell the former licensee, in writing, the day on which the licence is cancelled. 35 Surrender of licence during suspension (1) This section applies if a licensee’s licence is suspended. (2) The licensee must surrender the licensee’s licence to the commission for the period of the suspension. Note It is an offence not to surrender the licence within 7 days of the licence being suspended (see s 48(2)). (3) The commissioner must return the licensee’s licence within 10 business days after the end of the suspension.

Part 3 Traders licences Division 3.4 Licence register Section 36 page 18 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 36 Cancellation of licence issued by mistake (1) This section applies to a licence that was issued by mistake. (2) The commissioner may cancel the licence. (3) The licence is cancelled on the day stated by the commissioner. (4) The commissioner must tell the former licensee, in writing, the day on which the licence is cancelled. Division 3.4 Licence register 37 Licence register (1) The commissioner must keep a register of licences. (2) The register may include information about licences given to the commissioner under this Act and any other information the commissioner considers appropriate. (3) The register may be kept in any form, including electronically, that the commissioner decides. (4) The register may be kept in 1 or more parts, as the commissioner considers appropriate. (5) The commissioner must make the following information in the register about a licensee available for public inspection: (a) the licensee’s trading name; (b) if the licensee is an individual—the individual’s name; (c) if the licensee is a partnership—the name of each partner; (d) the trader category and class (if any) for which the licensee is licensed; (e) if the licensee has an Australian business number (an ABN)— the ABN;

Traders licences Part 3 Licence register Division 3.4 Section 38 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) if the licensee has an Australian company number (an ACN)— the ACN; (g) if the licensee is an association—the association’s unique identifying number (if any); (h) whether the licensee’s licence is subject to a condition; (i) whether the licensee’s licence is suspended; (j) the date the licensee’s licence expires; (k) information prescribed by regulation. Note The Commissioner must comply with the Territory privacy principles under the Information Privacy Act 2014. Example the information may be available on a website 38 Correcting register and keeping it up-to-date (1) The commissioner may correct a mistake, error or omission in the register. (2) The commissioner may change a detail included in the register to keep the register up-to-date.

Part 4 Occupational discipline and other disciplinary action Section 39 page 20 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Occupational discipline and other disciplinary action 39 Meaning of licensee—pt 4 In this part: licensee includes a former licensee. 40 Meaning of ground for occupational discipline—pt 4 (1) For this part, each of the following is a ground for occupational discipline in relation to a licensee: (a) the licensee gave information to the commissioner in relation to 1 of the following that was false or misleading in a material particular: (i) an application for a licence under section 22; (ii) an application to transfer a licence under section 24; (iii) an application to renew a licence under section 26; (iv) an application for a late renewal of a licence under section 28; (v) an application for a temporary licence under section 30; (b) the licensee is no longer eligible for the licensee’s licence; (c) the licensee, or a relevant person for the licensee, is no longer suitable for the licensee’s licence; (d) the licensee has contravened, or is contravening, this Act or an operational Act, whether or not the licensee has been convicted or found guilty of an offence for the contravention;

Occupational discipline and other disciplinary action Part 4 Section 41 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) the licensee has contravened, or is contravening, a territory law (other than this Act or an operational Act) or a law of the Commonwealth, a State or another Territory, whether or not the licensee has been convicted or found guilty of an offence for the contravention; (f) the licensee has contravened, or is contravening, an order of the ACAT in relation to being a trader; (g) the licensee has contravened, or is contravening a condition of the licence; (h) the licence was obtained by fraud; (i) a ground prescribed by regulation. (2) A ground for occupational discipline applies to a former licensee if the ground applied to the licensee while licensed. 41 Application to ACAT for occupational discipline If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the commissioner may apply to the ACAT for an occupational discipline order in relation to the licensee. Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make. 42 Considerations before making occupational discipline orders (1) This section applies if the ACAT is considering an application for occupational discipline in relation to a licensee. (2) Without limiting the matters the ACAT must consider in relation to the licensee, the ACAT must consider the following: (a) the degree of responsibility of the licensee for the act or omission that made up the ground for occupational discipline;

Part 4 Occupational discipline and other disciplinary action Section 43 page 22 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the extent to which it is necessary to discourage the licensee and others from doing something, or not doing something, that made up the disciplinary ground; (c) whether, and the extent to which, it is necessary to protect the public from the licensee; (d) the desirability of making the licensee responsible for the consequences of the licensee’s actions or omissions; (e) the desirability of maintaining public confidence in the regulatory system set up by this Act. Note The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT. 43 Information about cancellations etc to be given to corresponding authorities (1) This section applies if the ACAT cancels or suspends a licensee’s licence or disqualifies a licensee from applying for a licence. (2) The commissioner may give the corresponding authority of each State the following information about the licensee: (a) the name and any other identifying details of the licensee; (b) a short description of the ground for occupational discipline on which the occupational discipline order was based; (c) whether the licence has been cancelled or suspended or the licensee disqualified; (d) if the licence has been suspended—the period of suspension; (e) if the licensee has been disqualified—the period of disqualification. (3) This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to an entity in another jurisdiction.

Occupational discipline and other disciplinary action Part 4 Section 43 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: corresponding authority, of a State, means the entity responsible in the State for regulation of the trader category or class equivalent to the trader category or class for which the licensee is, or was, licensed.

Part 5 Offences Section 44 page 24 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Offences 44 Meaning of licensed—pt 5 For this part, a person is not licensed if the person’s licence is suspended, cancelled or expired. 45 Carrying out licensed activity when not licensed (1) A person commits an offence if the person— (a) carries out a licensed activity; and (b) is not licensed to carry out the licensed activity. Maximum penalty: 50 penalty units. (2) A person commits an offence if the person— (a) carries out a licensed activity at premises; and (b) does not hold a licence authorising the person to carry out the licensed activity at the premises. Maximum penalty: 50 penalty units. (3) This section does not apply to a trader declared by the commissioner under section 21 to be exempt from holding a licence. 46 False or misleading representations (1) A person commits an offence if the person— (a) represents that the person is licensed to carry out a licensed activity; and (b) is not licensed to carry out the licensed activity. Maximum penalty: 50 penalty units. (2) This section does not apply to a trader declared by the commissioner under section 21 to be exempt from holding a licence.

Offences Part 5 Section 47 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 47 Failure to meet condition of licence (1) A person commits an offence if— (a) the person is licensed to carry out a licensed activity; and (b) the licence is subject to a condition; and (c) the person carries out the licensed activity in a way that fails to comply with the condition. Maximum penalty: 50 penalty units. (2) This section does not apply to a trader declared by the commissioner under section 21 to be exempt from holding a licence. 48 Failure to surrender licence (1) A person commits an offence if— (a) the person’s licence is cancelled; and (b) the person fails to surrender the person’s licence to the commissioner within 7 days of the cancellation. Maximum penalty: 20 penalty units. (2) A person commits an offence if— (a) the person’s licence is suspended; and (b) the person fails to surrender the person’s licence to the commissioner within 7 days of the suspension. Maximum penalty: 20 penalty units. (3) This section does not apply if the person has a reasonable excuse.

Part 6 Notification and review of decisions Section 49 page 26 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Notification and review of decisions 49 Meaning of reviewable decision—pt 6 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 50 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 51 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 7 Section 52 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 52 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 53 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the following: (a) licences; (b) the keeping of a register, including the particulars that must or may be entered in the register; (c) the supervision of licensees’ activities. (3) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for offences. (4) A regulation may adopt an Australian Standard as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (5) The Legislation Act, section 47 (6) does not apply to an Australian Standard mentioned in subsection (4).

Part 7 Miscellaneous Section 54 page 28 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 54 Operation of Act with other rights etc (1) This Act does not limit or affect a legal right a person would have had if this Act had not been made. (2) A term of an agreement, other than an agreement between a licensee and a corporation, that attempts to do 1 or more of the following is void: (a) exclude or limit the operation of this Act; (b) prevent a right of action for failure to comply with this Act; (c) prevent a defence for failure to comply with this Act. 55 Evidence of licensing A document signed by the commissioner stating the period or periods during which an entity was licensed under this Act is evidence of whether the entity was, or was not, licensed on a day or during a period.

Reviewable decisions Schedule 1 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 6) column 1 item column 2 section column 3 decision column 4 entity 1 20 (2) imposition of condition • applicant for licence • licensee 2 21 (1) exemption from holding licence 3 23 (1) (b) refuse to issue licence applicant for licence 4 25 (1) (b) refuse to approve transfer of licence • licensee • transferee 5 25 (3) imposition of condition on transfer transferee 6 27 (1) (b) refuse to renew licence licensee 7 29 (1) (b) refuse to renew licence licensee 8 30 (4) refusal to authorise temporary licence eligible personal legal representative 9 31 (2) refuse to amend licence licensee 10 32 (3) refuse to further consider application • applicant for licence • licensee • transferee

Dictionary page 30 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Australian Standard (see s 164 (1)) • commissioner for fair trading • Corporations Act • entity • fail • occupational discipline order • reviewable decision notice • working day. commissioner means the commissioner for fair trading. decision-making period means— (a) 60 days; or (b) if a period is prescribed by regulation for a certain decision— the period prescribed. executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. ground for occupational discipline, for part 4 (Occupational discipline and other disciplinary action)—see section 40. influential person, for a corporation, for part 3 (Traders licences)— see section 15. licensee, for part 4 (Occupational discipline and other disciplinary action)—see section 39. licensed, for part 5 (Offences)—see section 44. motor vehicle dealer—see section 9.

Dictionary R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au motor vehicle repairer—see section 10. motor vehicle wholesaler—see section 11. operational Act—see section 6. pawnbroker—see section 12. relevant person, for an entity, means— (a) if the entity is an individual— (i) the individual; and (ii) if the individual is also a partner in a partnership—another partner of the partnership; or (b) if the entity is a partnership—a partner of the partnership; or (c) if the entity is a corporation—an executive officer of the corporation; or (d) if the entity is an association—an office bearer for the association. reviewable decision, for part 6 (Notification and review of decisions)—see section 49. second-hand dealer—see section 13. suitable entity, to hold a licence, for part 3 (Traders licences)—see section 18. trader—see section 7. trader category—see section 7. trading address, for part 3 (Traders licences)—see section 15. trading name, for part 3 (Traders licences)—see section 15. transferee—see section 24.

Endnotes 1 About the endnotes page 32 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Traders (Licensing) Act 2016 A2016-46 notified LR 22 August 2016 s 1, s 2 commenced 22 August 2016 (LA s 75 (1)) remainder commenced 22 August 2017 (s 2 (2)) as amended by Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 13 notified LR 25 September 2018 s 1, s 2 commenced 25 September 2018 (LA s 75 (1)) pt 13 commenced 2 October 2018 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.177 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.177 commenced 5 January 2026 (s 2 (8))

Endnotes 4 Amendment history page 34 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Meaning of trader s 7 am A2018-33 s 116; pars renum R2 LA Meaning of car market operator s 8 om A2018-33 s 117 Eligibility of entity s 17 am A2025-29 amdt 4.179 Exemption from licensing s 21 am A2025-29 amdt 4.179 Licence application s 22 am A2025-29 amdt 4.179 Transfer application s 24 am A2025-29 amdt 4.179 Renewal application s 26 am A2025-29 amdt 4.179 Late renewal application s 28 am A2025-29 amdt 4.179 Temporary licence following death of licensee s 30 am A2025-29 amdt 4.179 Surrender of licence s 34 am A2025-29 amdt 4.179 Reviewable decision notices s 50 am A2025-29 amdt 4.179 Applications for review s 51 am A2025-29 amdt 4.179 Determination of fees s 52 am A2025-29 amdt 4.179 Repeal and consequential amendments pt 8 hdg om LA s 89 (3) Repeal of Sale of Motor Vehicles Regulation 1977 s 56 om LA s 89 (3) Legislation amended—sch 2 s 57 om LA s 89 (3) Transitional pt 20 hdg exp 22 August 2019 (s 157)

Endnotes Amendment history 4 R4 05/01/26 Traders (Licensing) Act 2016 Effective: 05/01/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Definitions—pt 20 s 150 exp 22 August 2019 (s 157) def commencement day exp 22 August 2019 (s 157) def operational Act licence am A2018-33 s 118; pars renum R2 LA exp 22 August 2019 (s 157) Current trader remains licensed s 151 exp 22 August 2019 (s 157) Applications under operational Act s 152 exp 22 August 2019 (s 157) Application by former licensee s 153 exp 22 August 2019 (s 157) Occupational discipline s 154 exp 22 August 2019 (s 157) Review of decision s 155 exp 22 August 2019 (s 157) Transitional regulations s 156 exp 22 August 2019 (s 157) Expiry—pt 20 s 157 exp 22 August 2019 (s 157) Consequential amendments sch 2 om LA s 89 (3) Dictionary dict def car market operator om A2018-33 s 119

Endnotes 5 Earlier republications page 36 Traders (Licensing) Act 2016 Effective: 05/01/26 R4 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 22 Aug 2017 22 Aug 2017– 1 Oct 2018 not amended new Act R2 2 Oct 2018 2 Oct 2018– 22 Aug 2019 A2018-33 amendments by A2018-33 R3 23 Aug 2019 23 Aug 2019– 4 Jan 2026 A2018-33 expiry of transitional provisions (pt 20) 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2026

The Act builds on a small set of defined concepts that determine scope and process.

Operational Acts (s 6). Four named statutes are treated as operational Acts: the Fair Trading (Motor Vehicle Repair Industry) Act 2010, Pawnbrokers Act 1902, Sale of Motor Vehicles Act 1977 and Second‑hand Dealers Act 1906. References to an operational Act include the statutory instruments made under those Acts. Operational Acts can require conditions to be attached to licences (s 20(1)(a)) and the Act expressly ties some licence content and eligibility to provisions in those statutes (eg motor vehicle repair work cross‑referenced in s 10(2)).
Trader categories and classes (ss 7, 14). The Act covers five trader categories: motor vehicle dealer (s 9), motor vehicle repairer (s 10), motor vehicle wholesaler (s 11), pawnbroker (s 12) and second‑hand dealer (s 13). Regulations may subdivide categories into classes (s 14), and licences may authorise activities in more than one category or class (s 23(2)).
Licensable entities (s 16). The Act permits individuals, partnerships, corporations and certain incorporated associations to hold licences. A regulation may set eligibility requirements and how to demonstrate them (s 17). The Minister may declare a class of corporation eligible only if a stated number or percentage of individuals doing licensed activities for the corporation hold individual licences; such a declaration is a disallowable instrument and must be made only if the Minister is satisfied on reasonable grounds that the declaration is in the public interest (s 17(3)-(5)).
Suitability and relevant persons (s 18; dict). Suitability assessments require the commissioner to consider prescribed suitability information about the entity and each "relevant person" for the entity (s 18(a)(i)). The dictionary defines "relevant person" depending on entity type,partners for partnerships, executive officers for corporations, office bearers for associations, and the individual themselves (if an individual) (dict). For corporations, the Act defines "influential person" (s 15) and "relevant power" for identifying significant influence (s 15(2)).
Licence form and term (s 19). Licences may be issued for up to five years and must carry a unique identifier, the licensee’s name and trading name, trader category and class, expiry date and any conditions (s 19(1)-(2)).
Conditions, exemptions and commissioner powers (ss 20-21, 32, 36). Conditions can be required by operational Acts, imposed by the commissioner on public interest grounds or prescribed by regulation (s 20). The commissioner can declare that a trader may carry out activities without a licence where satisfied that the exemption is in the public interest (s 21); exemptions are notifiable instruments. The commissioner may request more information during applications and may refuse to consider an application if an applicant does not comply (s 32(2)-(3)). The commissioner may cancel licences issued by mistake (s 36).
Public register (ss 37-38). The commissioner must keep a register that is searchable and publicly inspectable for certain fields including trading name, licensee identity, ABN, ACN, whether conditions apply, suspension status and expiry date (s 37). The commissioner must comply with Territory privacy principles under the Information Privacy Act 2014 (s 37 note).
Discipline and review (Parts 4 and 6). Grounds for occupational discipline are enumerated (s 40). The commissioner may apply to ACAT for occupational discipline orders (s 41). Decisions that affect applicants, licensees and transferees are reviewable as listed in Schedule 1, and decision‑makers must issue reviewable decision notices (ss 49-51, Schedule 1).

These concepts create a framework where eligibility, identity, premises, relevant persons and historical conduct feed into suitability and discipline. The Act delegates considerable detail to regulations and operational Acts, while centralising licensing decision‑making and discipline with the commissioner and ACAT.

The immediate financial and compliance burden falls on entities that carry on, or intend to carry on, activities within the five trader categories: motor vehicle dealers, motor vehicle repairers, motor vehicle wholesalers, pawnbrokers and second‑hand dealers (s 7; ss 9-13). Those entities take four legal forms under the Act: individuals, partnerships, corporations and certain incorporated associations (s 16).

Relevant persons for each entity,partners, executive officers or office bearers,are directly implicated in suitability assessments (s 18; dict "relevant person"). For corporations, influential persons (executive officers or others with a "relevant power") and related corporations are part of the suitability landscape (s 15). The Minister may require that a proportion or number of individuals engaged in the activity within a corporate entity hold individual licences (s 17(3)-(5)), which imposes compliance obligations on corporate governance and hiring structures.

Consumers are affected indirectly through the public register (s 37), which makes data such as trading names, ABNs, ACNs and licence conditions available for inspection and therefore affects consumer information and due diligence. Corresponding authorities in other States are potential recipients of information where ACAT cancels, suspends or disqualifies a licensee (s 43); that creates interstate signalling effects about a trader’s disciplinary history.

Regulators and the commissioner are central decision‑makers; the commissioner has power to issue, refuse, transfer, renew, impose conditions, demand information, and declare exemptions (ss 20-25, 30, 32, 36, 21). The Executive and Minister have the regulatory design role: the Executive may make regulations for operational detail and offences of up to 10 penalty units (s 53); the Minister may determine fees (s 52) and make disallowable instruments about corporate eligibility percentages (s 17).

Courts and tribunals are affected in their caseloads. The ACAT is the statutory forum for occupational discipline and for review of many administrative decisions; Schedule 1 lists reviewable decisions and s 51 allows affected persons to apply to ACAT.

Third parties who rely on contractual rights or claims against a licensee are affected because the Act preserves other legal rights (s 54(1)) and voids agreement terms that attempt to exclude operation of the Act or avoid rights and defences created by it (s 54(2)). This protects consumer and third‑party remedies from contractual waiver, with the exception that the voiding does not apply to agreements between a licensee and a corporation (s 54(2) wording).

Finally, the Act creates criminal liability exposure and potential financial costs for unlicensed trading, false representations and non‑compliance with licence conditions (Part 5). The penalty unit framework in the republished law provides explicit dollar consequences as at 5 January 2026 (header note).

Duties imposed by the Act are principally administrative, information and compliance duties tied to licensing status and licence conditions.

Application duties. An applicant must apply in writing and provide prescribed information showing eligibility and suitability, including identity, trading name and trading address (s 22(3)). Transfer applicants must provide evidence of agreement between licensee and transferee and similar eligibility material (s 24). Renewal applicants must provide updated eligibility/suitability information and the licence remains in force until the renewal decision is made (s 26(2)-(3)).
Information cooperation duty. The commissioner may request further information for specified application types; the applicant must supply it within a stated reasonable time, or the commissioner may refuse to consider the application further (s 32(2)-(3)). This creates an affirmative duty on applicants and licensees to cooperate with information requests during application and amendment processes.
Licence compliance duty. A licensee must comply with any licence condition required under an operational Act, imposed by the commissioner, or prescribed by regulation (s 20(1)). Carrying on a licensed activity contrary to conditions is an offence (s 47).
Surrender and custody duties. Where a licence is suspended, the licensee must surrender the licence to the commissioner for the period of suspension (s 35(2)). Failure to surrender within 7 days of suspension or cancellation is an offence carrying a penalty of up to 20 penalty units (s 48(1)-(2)).
Duty to avoid false representations. It is an offence to represent being licensed when not licensed (s 46).
Duty to maintain eligibility and suitability. Renewal and late renewal applicants must show they remain eligible and suitable (ss 26(2), 28(3)); the commissioner may refuse renewal if the licensee has been asked to do something necessary and has not done it (s 27(2), s 29(2)).

Rights under the Act:

Right to apply and to have applications decided within the decision‑making period (ss 23(1), 25(1), 27(1), 29(1); dict decision‑making period normally 60 days).
Right to ACAT review. Affected persons listed in Schedule 1 and any other persons whose interests are affected can apply to ACAT for review of reviewable decisions (ss 49-51; Schedule 1). The Act requires reviewable decision notices to be given to affected entities (s 50).
Right to be informed of conditions. The commissioner must give written notice when imposing a condition (s 20(3)), and the timing for a condition taking effect is set out (s 20(4)).
Right to temporary authorisation after death. An eligible personal legal representative may apply to be authorised to carry on the deceased licensee’s business for up to 6 months; the commissioner may grant authorisation only if the applicant is eligible and suitable and is an eligible personal legal representative (s 30).
Publicly inspectable register entitlements. The public can inspect the register fields specified in s 37(5), providing transparency on licensing status, conditions and expiry dates.
Procedural fairness in discipline. The ACAT must consider the licensee’s degree of responsibility, public protection, deterrence and public confidence factors when considering occupational discipline (s 42), anchoring discipline decisions to specific considerations.

Enforcement rights and limitations:

The commissioner may impose conditions at any time if satisfied on reasonable grounds it is in the public interest, but must give written notice (s 20(2)-(3)). Conditions imposed may be subject to ACAT review as set out in Schedule 1 (item 1, s 20(2) imposition of condition is reviewable).
The Act preserves existing legal rights outside its scope (s 54(1)) and prevents contractual terms from excluding rights or defences under the Act in most agreements (s 54(2)).

The statutory architecture thus distributes duties primarily to applicants and licensees, with rights concentrated on procedural review, temporary continuance of business after applications, and public access to licence metadata.

Penalties in the Act are expressed in penalty units and applied to core offences in Part 5. The republication notes the monetary value of a penalty unit at the republication date (header note): $160 for an individual and $810 for a corporation. That converts the Act’s maxima into dollar terms at that date; the Act itself uses penalty units (see Legislation Act reference in notes).

Key offences and maxima:

Carrying out licensed activity when not licensed (s 45). Maximum penalty: 50 penalty units. Using the republished penalty unit values, that equates to $8,000 for an individual and $40,500 for a corporation as at 5 January 2026. The offence covers both carrying on the activity generally (s 45(1)) and carrying on the activity at premises without the requisite authorisation to do so at those premises (s 45(2)). Exemptions declared under s 21 remove the application of s 45 to the declared trader.
False or misleading representations of being licensed (s 46). Maximum penalty: 50 penalty units. The offence is limited by s 46(2) which excludes traders declared exempt under s 21.
Failure to meet condition of licence (s 47). Maximum penalty: 50 penalty units. The Act applies this where a licensed person carries out the licensed activity in a way that fails to comply with a condition attached to the licence. Traders declared exempt under s 21 are excluded (s 47(2)).
Failure to surrender licence (s 48). Failure to surrender a cancelled or suspended licence within 7 days is an offence. Maximum penalty: 20 penalty units for both cancellation and suspension surrender failures. Using the republished values, that equates to $3,200 for an individual and $16,200 for a corporation.

Regulatory offence creation power:

The Executive may make regulations and create offences of up to 10 penalty units for contraventions of regulation (s 53(3)). At the republished values, that would mean up to $1,600 per offence for an individual and $8,100 for a corporation as of 5 January 2026. The Executive may also adopt Australian Standards by regulation (s 53(4)).

Enforcement mechanisms beyond criminal penalties:

Occupational discipline via ACAT (Part 4). If the commissioner reasonably believes grounds for occupational discipline exist (s 40), the commissioner may apply to ACAT for an occupational discipline order (s 41). The ACAT’s considerations are listed in s 42; the ACAT Act (not reproduced here) governs the orders available. ACAT outcomes (cancellation, suspension, disqualification) can carry regulatory consequences such as mandatory reporting to corresponding authorities in other States (s 43).
Administrative actions by the commissioner. The commissioner must issue, refuse, renew or transfer licences within the decision period (ss 23, 25, 27, 29); the commissioner may impose conditions on issue or transfer (s 25(3)), amend licences to reflect changes (s 31), cancel licences issued by mistake (s 36), and require surrender during suspension (s 35). Non‑compliance with administrative directions (eg failing to supply requested information under s 32) allows the commissioner to refuse to further consider an application, an administrative‑action consequence.

Procedural enforcement and review:

Reviewable decision notices and ACAT review. Decision‑makers must give a reviewable decision notice for decisions enumerated in Schedule 1 (s 50). Affected parties and any person whose interests are affected may apply to ACAT for review (s 51). Schedule 1 lists imposition of conditions, exemptions, refusals to issue or renew licences, refusals to transfer, imposition of conditions on transfer, refusal to authorise temporary licences, and refusals to amend licences or to further consider applications.

Criminal Code and penalty unit framework:

The Criminal Code’s general principles apply to offences under this Act (s 5 note 1). The Legislation Act sets out the meaning of penalty units (s 5 note 2). The Act’s republished header specifies penalty unit monetary equivalents as at 5 January 2026.

Enforcement therefore combines criminal penalties, administrative restrictions (suspension, cancellation), and tribunal discipline with cross‑jurisdictional notification to other State authorities (s 43). The commissioner’s discretionary powers to impose conditions and refuse consideration of incomplete applications create compliance levers short of criminal sanction.

The Act explicitly cross‑references and operates alongside several other statutory regimes.

Operational Acts linkage (s 6). The Act defines four operational Acts whose provisions interface with this licensing regime: the Fair Trading (Motor Vehicle Repair Industry) Act 2010; the Pawnbrokers Act 1902; the Sale of Motor Vehicles Act 1977; and the Second‑hand Dealers Act 1906. Conditions required under operational Acts must be attached to licences under s 20(1)(a), so regulatory obligations under these pre‑existing Acts feed directly into licence content and compliance.
Criminal Code application (s 5 note 1). The Criminal Code, chapter 2, applies to offences under this Act. This means general criminal law concepts such as fault elements, exceptions and burden rules in the Code are applicable to prosecutions for offences in Part 5.
Legislation Act connections and standard machinery. The Act relies on the Legislation Act definitions and mechanisms: for example, the dictionary references (dict) are to Legislation Act terms such as ACAT, commissioner for fair trading and decision‑making period; the Legislation Act also defines penalty units (s 5 note 2). The Act also uses disallowable instruments for Ministerial declarations and fee determinations (s 17(5), s 52(2)).
ACAT Act interface. The Act calls on ACAT for occupational discipline orders (s 41) and references ACAT decision‑making considerations (s 42 note references ACT Civil and Administrative Tribunal Act 2008, s 66 and s 65(3)). That positions ACAT as the tribunal to exercise discipline powers and to hear reviews of reviewable decisions under Part 6 (Schedule 1).
Privacy and information law. The commissioner’s public register must comply with Territory privacy principles under the Information Privacy Act 2014 (s 37 note). The Act also authorises the commissioner to provide certain disciplinary information to corresponding authorities in other States (s 43), an information‑sharing interaction subject to privacy constraints.
Contract law interaction. Section 54(1) preserves rights a person would have if the Act had not been made, effectively not ousting private law remedies. Section 54(2) voids contractual terms (except agreements between a licensee and a corporation) that seek to exclude or limit the Act’s operation or to prevent rights of action or defences conferred by the Act; this interacts with contract law by rendering specific clause types ineffective.
Regulatory hierarchy for standards. The Executive may adopt Australian Standards by regulation (s 53(4)), creating the capacity for technical or practice standards to be incorporated by reference into the licensing regime. The Act notes the Legislation Act’s treatment of applied instruments (s 53 note).
Fee and regulation design. The Minister’s power to determine fees (s 52) and the Executive’s regulation‑making power (s 53) allow subordinate instruments to align the licensing regime with other financial and regulatory systems. Determinations and regulations are subject to disallowance (s 17(5), s 52(2)), preserving parliamentary oversight.

Overall, the Act forms an overlay that combines industry‑specific statutes (the operational Acts) with administrative licensing, tribunal review, criminal enforcement and privacy constraints. Rights preserved by s 54 and the ACAT review pathways ensure interaction with civil remedies and administrative law processes.

The republished Act includes amendments recorded in the endnotes. Key changes and their dates are set out in the legislation and amendment history (endnotes 3-4).

Original enactment and commencement. The Traders (Licensing) Act 2016 (A2016‑46) was notified on 22 August 2016. Sections 1 and 2 commenced 22 August 2016; the remainder commenced 22 August 2017 (endnote 3).
Red Tape Reduction Legislation Amendment Act 2018 (A2018‑33). This instrument amended the Act with commencement events in 2018. The amendment history records that s 7 (meaning of trader) was amended by A2018‑33 s 116 and other stylistic renumbering occurred (endnote 4). The Red Tape Reduction amendments took effect in late 2018 (legislation history).
Statute Law Amendment Act 2025 (A2025‑29). A later round of amendments was made by the Statute Law Amendment Act 2025, sch 4 pt 4.177, notified 6 November 2025 and with certain parts commencing 5 January 2026. The amendment history lists a number of sections amended in that 2025 Act, including s 17 (Eligibility of entity), s 21 (Exemption from licensing), s 22 (Licence application), s 24 (Transfer application), s 26 (Renewal application), s 28 (Late renewal application), s 30 (Temporary licence following death of licensee), s 31 (Surrender of licence), s 50 and s 51 (review procedures), and s 52 (Determination of fees) (endnote 4). The republished text reflects those amendments as in force on 5 January 2026.
Transitional provisions and expiry. The earlier republication and amendment history records transitional parts and expiry dates: Part 20 transitional provisions had an expiry date of 22 August 2019 (endnote 4), and certain definitions in Part 20 expired on that date. The amendment history notes repeal and consequential amendment items that were omitted or expired under later Legislation Act provisions (endnote 4).
Editorial republication. The Parliamentary Counsel’s Office prepared authorised republications and the current republished law includes editorial amendments authorised under the Legislation Act 2001, part 11.3; editorial changes do not change substantive effect but are applied as if by Act commencing on the republication date (see About this republication text at the front).

The amendment record therefore shows two substantive legislative amendment tranches (2018 and 2025), with the 2025 Statute Law Amendment making a number of process and eligibility adjustments reflected in Parts 3 and 6 of the Act. The endnote material is the source for all dates and section‑level amendments cited here.

The Act itself does not record judicial or tribunal decisions. The text contains no case law citations or references to particular litigation; the only tribunal references are to ACAT’s statutory functions and the ACAT Act (for example, the ACAT may make occupational discipline orders and s 42 cites matters ACAT must consider). As such, there is no litigation history embodied in the republished statutory text.

Practically, the Act designates ACAT as the primary tribunal for occupational discipline and review of administrative decisions under the Act. The commissioner may apply to ACAT for occupational discipline orders where grounds exist (s 41). Schedule 1 identifies reviewable decisions that give affected persons a right to apply to ACAT (ss 49-51, Schedule 1). The Act’s framework makes ACAT the likely forum for judicial review or merits review of administrative steps under this regime; ACAT Act provisions referenced in notes (ACT Civil and Administrative Tribunal Act 2008, ss 65-66) govern the nature of orders and considerations. The availability of ACAT review means that licensees and applicants will generate tribunal precedents over time, but those precedents are external to the Act and therefore not reported within the statutory text.

For counsel, compliance officers and litigators, the Act sets out discrete reviewable decision categories in Schedule 1 (eg refusal to issue a licence, imposition of conditions, refusal to renew or transfer, refusal of temporary licences after death) and establishes notice obligations for decision‑makers (s 50). This produces a predictable administrative law pathway: administrative decision, reviewable decision notice, application to ACAT under s 51. The Criminal Code’s application to offences under the Act (s 5 note 1) means criminal prosecutions will engage Code principles, potentially raising evidentiary and mens rea questions in prosecutions for offences such as unlicensed trading or false representations (Parts 5).

In short, the Act itself contains no litigation record; it establishes tribunal and criminal enforcement pathways that will, in practice, generate litigation and ACAT jurisprudence over time.

The Act contains several specific operational and procedural features that create compliance pitfalls.

Licence suspension behaviour and surrender obligations. When a licensee applies for a late renewal within one year after expiry, the licence is taken to be suspended between the expiry day and the day the renewal decision is made (s 28(4)). Section 35(2) requires a licensee to surrender the licence to the commissioner for the period of suspension, and s 48(2) creates an offence for failing to surrender within 7 days of suspension. Practitioners must note that an apparent continuity of licensing during late renewal is qualified by suspension for some purposes and triggers surrender obligations.
Licence remains in force during ordinary renewal but subject to commissioner conditions. If a licensee applies to renew a licence, the licence remains in force until the renewal decision (s 26(3)); however, the commissioner may refuse to renew if the licensee has been asked to do something necessary (eg pay a fee, provide information) and has not done it (s 27(2)). Thus an active licence can carry latent non‑renewal risk where outstanding requests have been made.
Commissioner’s information request power is determinative. The commissioner may require applicants to provide information within a stated reasonable time (s 32(2)). Failure to comply permits the commissioner to refuse to consider the application further (s 32(3)). This is an administrative triage mechanism that can terminate an application without a merits decision.
Broad discretion to impose conditions on public interest grounds. The commissioner may impose a condition on a licence at any time if satisfied on reasonable grounds that the condition is in the public interest (s 20(2)). Conditions can take effect either on the day the commissioner states in the notice, or after ACAT review timelines as applicable (s 20(4)). The combination of an undefined "public interest" test and the prospective effect of conditions creates uncertainty for licensees about operational constraints that might be imposed post‑issue.
Ministerial power to require individual licences in corporations. The Minister can declare that a class of corporation may hold a licence only if a stated number or percentage of individuals carrying out the activity for the corporation hold individual licences (s 17(3)-(5)). This can impose structural operational costs on corporate licensees and may require workforce licensing decisions and HR changes. The declaration is a disallowable instrument but can be made only if the Minister is satisfied on reasonable grounds it is in the public interest.
Register transparency and privacy responsibilities. The register must be publicly inspectable for specified items (s 37(5)), including ABN/ACN where applicable, licence conditions and suspension status. The commissioner must comply with Territory privacy principles under the Information Privacy Act 2014 (s 37 note), so administrators must balance transparency with privacy obligations.
Exemption declarations are administrative and reversible. The commissioner may declare certain traders exempt from holding licences if satisfied it is in the public interest (s 21). Exemptions are notifiable instruments and will alter the reach of criminal offences in Part 5 where the exemptions apply (s 45(3), s 46(2), s 47(2)). However, reliance on exemptions requires monitoring because they are administrative instruments and can be withdrawn or varied.
Timing traps on conditions and appeals. Conditions imposed by the commissioner take effect either as stated, or after ACAT upholds them where a review is mounted; the timing rules in s 20(4) create a narrow window for litigation strategy. Schedule 1 itemises which decisions are reviewable; a decision not listed cannot be challenged under Part 6 but may be subject to other administrative law remedies outside the Act.
Offences with substantial corporate penalties. The Act uses penalty units; with the republished unit values, corporate penalties for core offences (50 penalty units) are significant (s 45, s 46, s 47). Entities should ensure legal compliance rather than rely on late rectification.
Temporary licence timeframe and procedural requirements after death. The temporary authorisation for eligible personal legal representatives is tightly time bounded: the application must generally be made within 28 days after death (s 30(3)(b)(i)) unless a longer period is agreed to by the commissioner, and the authorisation cannot exceed 6 months (s 30(2), (3)(f)). Required documentary proof of status and eligibility is necessary.

These specific mechanics can trap applicants and licensees who misread the interplay between renewal, suspension, surrender and information obligations or who underestimate administrative discretion in conditions and exemption declarations.

Checklist and practical steps grounded in the Act’s provisions.

Determine whether the activity falls within a trader category (ss 7, 9-13). If operating as a motor vehicle dealer, repairer, wholesaler, pawnbroker or second‑hand dealer, treat the Act as applicable unless an exemption under s 21 applies.
Establish licensable entity form and eligibility (s 16). Ensure the entity is an individual, partnership, corporation or eligible incorporated association. Review regulations for any prescribed eligibility criteria (s 17(1)-(2)) and assess whether a Ministerial declaration might require individual licences for persons carrying out the activity within a corporation (s 17(3)-(5)).
Prepare application materials per s 22 (licence), s 24 (transfer), s 26 (renewal), s 28 (late renewal) and s 30 (temporary licence). Applications must be in writing and must include name, trading name, trading address, and prescribed eligibility/suitability information. Anticipate requests under s 32 and assemble identity and suitability evidence for relevant persons (dict).
Build a suitability file for relevant persons (s 18). The commissioner must consider prescribed suitability information about the entity and each relevant person. Collect identity documentation, criminal history checks where appropriate, records of compliance with operational Acts, premises lease or title evidence if the commissioner may consider premises suitability (s 18(b)).
Allow for decision‑making period timing (dict). The default decision period is 60 days unless a regulation prescribes otherwise. Lodge applications with sufficient lead time; renew licences up to 6 months before expiry (s 26(1)).
For renewals, avoid late renewal suspension consequences. Renew on time to keep operations outside the s 28 late renewal suspension window. If late renewal is necessary, apply within one year to preserve licence, but be prepared to surrender the licence for the suspension period (s 28(2), (4), s 35(2)) and to comply with surrender within 7 days to avoid s 48 penalties.
Respond promptly to commissioner information requests (s 32). Provide required information within the stated reasonable time; otherwise an application may be refused without further consideration (s 32(3)).
Track conditions and compliance (s 20). Review and integrate any conditions required by operational Acts, imposed by the commissioner, or prescribed by regulation. Keep records demonstrating compliance with licence conditions; non‑compliance is an offence (s 47).
Maintain accurate register details and make them available for public inspection if necessary (s 37). Ensure ABN/ACN, trading name and trading address information is current and that any changes are notified so the commissioner can amend the register (s 31; s 38 permits the commissioner to correct or update the register).
Prepare surrender and suspension procedures. Keep the physical licence (if issued physically) secure; surrender when required by s 34 or during suspension under s 35. Have staff and processes to comply with the 7‑day surrender deadline to avoid s 48 penalties.
Plan for transfers and succession. When transferring a licence, obtain written agreement evidence from the licensee and transferee and provide transferee eligibility and suitability documentation (s 24). For death of a licensee, the eligible personal legal representative should apply within 28 days (or a longer period agreed by the commissioner) for a temporary authorisation of up to 6 months and provide evidence of personal legal representative status and eligibility (s 30).
Use review rights where warranted. If the commissioner imposes a condition, refuses to issue, renew or transfer a licence, refuses to authorise a temporary licence, or refuses to amend or further consider an application (items in Schedule 1), the affected entity must receive a reviewable decision notice (s 50) and may apply to ACAT under s 51.
Check subordinate instruments. Monitor regulations and Ministerial determinations for fee schedules (s 52), prescribed eligibility criteria (s 17(1)), adopted Australian Standards (s 53(4)) and any regulation‑prescribed decision periods, offence particulars, or register particulars (s 53). Determinations are disallowable instruments (s 52(2)); regulatory change can affect compliance costs.
Integrate operational Act obligations. For activities tied to operational Acts (s 6), review those Acts and their subordinate instruments for industry‑specific licensing conditions and obligations that must be reflected in licence compliance programmes (s 20(1)(a)).
Protect contractual positions. Remember s 54(2) voids clauses that attempt to exclude or limit rights under this Act in most agreements; ensure commercial contracts do not attempt impermissible limitations on statutory rights or defences.
Budget for fines and administrative costs. Incorporate the possibility of penalty unit‑based fines and fees determined by the Minister; the republished penalty unit values at 5 January 2026 provide one snapshot of potential monetary exposure in prosecutions (header note).

These steps map directly to statutory mandates and cut the main practical compliance risks the Act’s provisions create. Where matters are uncertain, use the ACAT review pathway (ss 49-51, Schedule 1) or obtain advice early on eligibility and suitability parameters required by the commissioner.

Traders (Licensing) Act 2016

Plain English Summary

Deep Dive

What it does

Current sections

Traders (Licensing) Act 2016

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply