2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT

DESCRIPTION OF POWER DELEGATED                                                          LEGISLATION

Power to determine whether to grant or refuse the application to transfer the Section 49
licence 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 Section 51(2)
licence 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             Section 62
whether 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             Section 72
giving the person a signed notice.
Power to issue an identity card to an authorised person.                                Section 74
Power to monitor compliance with the Act by having authorised persons inspect           Section 105
places of business in Council’s areas and recover monitoring costs from business
proprietors.
Power to charge a business proprietor an inspection fee to check if the remedial Section 110
notice given by an authorised person acting for Council to the proprietor has been
complied with.
Power to prosecute a business proprietor or operator for the contravention of a         Section 111(7)
relevant provision for which a remedial notice has been issued without an
authorised person first issuing a remedial notice for the contravention.
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