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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).
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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
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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
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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
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5 Earlier republications 36
6 Expired transitional or validating provisions 36
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Australian Capital Territory
Traders (Licensing) Act 2016
An Act to regulate the licensing of traders, and for other purposes
Part 1 Preliminary
Section 1
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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(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
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(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
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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
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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
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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
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(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
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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
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(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
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(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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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