2020-09-08 S&O Agenda - Item 1 - Attachment 3 Delegations of Authority Council to Chief Executive (No Changes)

DESCRIPTION OF POWER DELEGATED                                                          LEGISLATION

Power to give a notice to the licensee requiring the licensee to give Council, within Section 48
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide an licence amendment
application.

Power to determine whether to grant or refuse the application to transfer the licence Section 49
by having regard to whether the transferee is a suitable person to hold a licence
and whether the premises are suitable for providing higher risk personal
appearance services.

Power to give a notice to the licensee requiring the licensee to give Council, within   Section 50
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide a licence transfer application.


Power to, for forming a belief that the ground for suspending or cancelling a licence Section 51(2)
mentioned in subsection (1)(a) exists, have regard to the matters to which Council
may have regard in deciding whether a proposed licensee is a suitable person to
hold the licence

Power to issue a ‘show cause notice’.                                                   Section 52

Power to determine whether grounds continue to exist for the suspension or Sections 54 and
cancellation of a licence after issuing the licensee with a ‘show cause’ notice, and 55
if so, determine whether to suspend or cancel the licence.

Power to suspend a licence immediately if Council believes—                             Section 56
   (a) a ground exists to suspend or cancel the licence; and
   (b) it is necessary to suspend the licence immediately because there is an
       immediate and serious risk of infection to the licensee’s clients.

Power to consider all applications for a replacement licence, and determine whether Section 62
to grant or refuse the application for the replacement licence.

Power to make an agreement with a licensee intending to provide higher risk Section 65(3)
personal appearance services from mobile premises to allow a lesser period for
notification to Council of the licensee’s intentions.

Power to, where Council is the second local government for a licence under the Section 68
Act, notify the first local government where it is reasonable to believe that a mobile
licensee or operator has contravened their licence.

Power to, where Council is the first local government and has been notified by a Section 69
second local government of their reasonable belief that a mobile license holder or
operator has breached their licence conditions, take action under the Act.

Power to appoint authorised persons.                                                    Section 70

Power to apply conditions to an authorised person’s powers under the Act by giving Section 72
the person a signed notice.


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