56CCertain activities prohibited on public streets

### 56C Certain activities prohibited on public streets > [*\[Section 56C Inserted by No. 104 of 2001, s. 22, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-104#GS22@EN) > > > (1)  A person who does not have a permit to do so must not set up or use a stall, stand or vehicle on a public street for the purposes of – > > > > > > (a) selling any goods; or > > > > > > > (b) a business, calling or employment. > > > > Penalty:  In the case of – > > > > > > (a) a first offence – a fine not exceeding 20 penalty units; or > > > > > > > (b) a second or subsequent offence – a fine not exceeding 40 penalty units. > > > (2)  Permits for this section may be issued by the general manager of the council in which the public street is located (the "relevant council") and any person may apply in writing for such a permit. > > > (3)  In determining whether or not to grant an application for a permit, the general manager of the relevant council – > > > > > > (a) must consult the police officer in charge of the police district in which the public street is located; and > > > > > > > (b) must have regard to relevant traffic conditions and the safety and convenience of the public; and > > > > > > > (c) may have regard to such other considerations as appear relevant in the circumstances. > > > (4)  A permit – > > > > > > (a) is to be in such form as the general manager issuing it determines; and > > > > > > > (b) must be issued only for a specific date or dates, or for a specific period not exceeding 12 months; and > > > > > > > (c) may be made subject to such conditions as the general manager issuing it considers necessary or expedient in the interests of public safety and convenience; and > > > > > > > (d) must specify the name of the permit holder and the date or period, and the public street, for which it is issued. > > > (5)  A permit – > > > > > > (a) may be surrendered but is not capable of being amended, renewed or transferred; and > > > > > > > (b) may, by written notice to the permit holder, be cancelled by the general manager of the relevant council if he or she is satisfied on reasonable grounds that the permit holder has committed serious or repeated breaches of the permit conditions; and > > > > > > > (c) is not a defence to an action or indictment for nuisance. > > > (6)  The holder of a permit must – > > > > > > (a) comply with its conditions; and > > > > > > > (b) immediately produce it to any police officer who demands to see it. > > > > Penalty:  Fine not exceeding 10 penalty units.