In the main, ACT land has been dominated by sheep/wool farming: the ACT lies in
the belt of profitable fine-wool farming. Recently, following the collapse of
high wool floor prices (through the removal of Commonwealth regulatory
processes) there has been a perceptible move from sheep to beef. This change in
emphasis has been market driven.
Historically, the ACT has seen a number of different farming enterprises. Only
one dairy herd remains of a once-strong local industry. Today, trade
directories list 24 businesses with 14 different types of farms. Because of
historic legal links with the Jervis bay Territory, ACT legislation regulated
ocean fishing and the taking of seaweed.
The ACT is the only jurisdiction that requires registration of the apiaries
rather than of the beekeeper.
Public Health (Piggeries ) Regulations
made
under the Public Health Act 1928. Piggeries must be registered and the
Regulations contain provisions dealing with the keeping and slaughter of pigs.
Two piggeries are advertised in the ACT.
Other jurisdictions do not deal specifically with piggeries, but instead deal
with disease control under either a Stock Act, or an Health Act.
The Agents Act 1968 requires stock and station agents to be registered with the
Registrar of Agents. This legislation is presently under review.
Other jurisdictions also regulate specific industries (which are not regulated
in the ACT): animal experimenters (Vic); crop dusters (NSW, Vic, Qld and WA);
deer keepers (Qld, SA) dried fruit classers (NSW, Vic); master pearler (Qld);
pearl farmers (WA); potato grower (WA); sheep skin buyers (Vic), employees
(Vic) and dealers (NSW); seed dealers (Tas, Vic, NSW, NT) wildlife controllers,
dealers, demonstrators, displayers, producers and taxidermists (Vic);
Approximately 300 people work in mining or in the provision of services to
mining in the ACT. Notwithstanding this, there is no commercial mining in the
ACT.
Formerly the Mining Act 1930 regulated mining in the ACT (this Act was repealed prior to 1997). Regulations under the Act
provided for prospecting and other miner rights. Note that section 5(6) of the
ACT Self-Government (Consequential Provisions) Act 1988 vested ownership in
minerals on Territory Land in the ACT. The
Protection of Lands Act 1937 also
contains provisions dealing with the creation of sand or gravel pits.
Approximately 5,500 people work in manufacturing in the ACT. The
Law Reform (Manufacturers Warranties) Act 1977 sets out the general liabilities of
manufacturers in the territory. The Machinery Act 1949 and the
Machinery
Regulations require (amongst other things) the inspection and registration of
certain machinery and the licensing of certain operators. The Noise Control Act
1988 and the Noise Control Regulations set up certain standards of noise
control within the ACT.
Approximately 100 people work for 30 manufacturers of chemicals, petroleum and
coal products. Part IV of the Dangerous Goods Act, 1975 (NSW as in force in the
ACT), empowers the Chief Inspector to issue a license authorising the
manufacture of explosives. The Dangerous Goods Act, 1975 (NSW as in force in
the ACT) is currently under review. Regulations under the Act make detailed
provision relating to safety of such goods. Part II of the Pesticides Act 1989
deals with the registration of pesticides in the ACT. The
Ozone Protection Act 1991
prohibits the manufacture of ozone depleting substances without a licence.
Part II of the Act provides for the issuance of licences. The Poisons and Drugs
Act 1978 regulates the production of various chemicals in the ACT.
Approximately 400 people work in the 60 businesses (12 different types) which
manufacture clothes and hats. None of these manufacturers are specifically
regulated.
Approximately 700 people work in this area of manufacturing. These
manufacturers are not regulated.
Approximately 700 people work in the area of manufacturing food and beverages.
The Meat Act 1931 and
Meat Regulations
prohibit the slaughter of animals in the
ACT for commercial purposes except in an abattoir by a person (or an employee
of a person) holding a permit to slaughter issued by the Medical Officer of
Health. There is one commercial abattoir in the ACT.
Some states licence the abattoir as opposed to the person who does the
slaughtering.
There are over 60 bakers in the ACT. The business of baking is regulated by
Part VI of the
Public Health (Sale of Food and Drugs) Regulations
made under
the Public Health Act 1928. Provision is made for the construction of
bakehouses, that stables should not be situated in close proximity to the
bakehouse, the cleanly operation of the bakehouse, the mode of dress of bakers,
and for a prohibition on horses and fowls, but not dogs, to be in the
bakehouse. The weighing of bread was formerly regulated by (now repealed provisions in) the Trade Measurement Act
1991.
Most of the other jurisdictions have specific legislation in place dealing with
the manufacture and distribution of bread, while other goods which could be
prepared at a bakery are regulated by Food Acts and Health Acts.
The manufacture of aerated waters is regulated by Part VI of the
Public Health (Sale of Food and Drugs) Regulations
made under the Public Health Act 1928.
Provision is made for the safe preparation of aerated waters. Trade directories
list only one such manufacturer in the ACT.
In South Australia there is provision made for the types of containers which
can be used for beverages and for the recycling of those containers.
There are no regulations in relation to the following manufacturers: brewers;
confectionary manufacturers; smallgoods manufacturers; pet food abattoirs.
Approximately 500 people work in the 50 businesses (11 different types) which
manufacture furniture. None of these manufacturers are specifically regulated.
Approximately 1,700 people work in the area of printing and publishing.
Part IV of the Printing and Newspapers Act 1961 requires the registration of
newspapers in the ACT. Newspaper proprietors are required include certain
material in newspapers. This legislation is being considered for repeal.
Part III of the Printing and Newspapers Act 1961 requires the registration of
Printers in the ACT. Printers are required to keep copies of printed work and
to print their name and address on printed work. This legislation is being considered for repeal.
Separate ACT and Federal laws deal with the classification of publications the possession of classified material for the purpose of publication in the ACT. Trade
directories list more than 60 printers in the ACT.
There are no regulations in relation to manufacturers of packaging. Trade
directories list 10 manufacturers in the ACT.
Approximately 300 people work in this area of manufacturing. These
manufacturers are not regulated although machinery operated in the ACT must
comply to the Machinery Act 1949 and the
Machinery
Regulations.
Approximately 500 people work in other areas of manufacturing. These
manufacturers are not regulated.
Approximately 600 people work in the 20 businesses which manufacture
non-metallic mineral products. None of these manufacturers are specifically
regulated: brick manufacturer; glass blowers; and plastics fabricators.
Approximately 11,100 people work in the ACT construction industry. The
Machinery Act 1949 and the
Machinery
Regulations
require (amongst other things)
the inspection and registration of certain machinery and the licensing of
certain operators. The Noise Control Act 1988 and the Noise Control Regulations
set up certain standards of noise control within the ACT.
There are more that 300 builders in the ACT. Part II of the Building Act 1972
provides for the licensing of builders by the Building Controller. Section 16
provides for different standards of educational and practical experience
required for different classes of building licences. The Scaffolding and Lifts
Act 1912 (NSW as applied in the ACT) and the Regulations make detailed
provision for the operation of cranes, hoists, plant and scaffolding and
building, excavation and compressed air work. Part X of the Regulations require
the provision of a range of sanitary and washing facilities and
accommodation.
Under the Buildings (Design And Siting) Act 1964 some development are subject to specific approvals.
In most jurisdictions there is provision for the payment of a levy to a
Building and Construction Industry Training Board by the owner of the building
being constructed. If the builder and the owner are one and the same, then this
burden will fall on the builder.
There are approximately 50 electricians/firms in the ACT. The
Electricity Act 1971 prohibits electrical work by a person other than a licensed electrician.
Part IV provides for the issuance of licences to various classes of
electricians and electrical contractors. The Electrical Licensing Board
established by the act may issue licences on the basis of trade and educational
qualifications and whether the applicant is a fit and proper person.
There are approximately 150 businesses in this area. The Plumbers, Drainers and
Gasfitters Board is established by Part II of the
Plumbers, Drainers and
Gasfitters Board Act 1982. Part IV deals with the qualifications and licensing
of plumbers, drainers and gasfitters.
In Queensland no licence is required by gasfitters, although a standard is set
according to which they must carry out work.
The Scaffolding and Lifts Act 1912 (NSW as applied in the ACT) makes detailed
provision for the operation of cranes in the ACT. In particular, drivers of
power cranes must be the holder of certificates of competence.
The Scaffolding and Lifts Act 1912 (NSW as applied in the ACT) makes provision
for riggers, dogmen, scaffolders and crane chasers to hold relevant
certificates of competence.
There are no regulations in relation to the following occupational groups
(numbers listed in trade directories are shown in brackets): abrasive blasters
(5+); bore drillers contractors (5+); engineers (110); fire consultants (20+);
landscape architects (15); and painters and decorators (125).
Approximately 24,100 people work in wholesale and retail trade in the ACT.
Approximately 19,800 people work in retail trade in the ACT. Retailers are
subject to a wide range of regulatory legislation covering a disparate subject
group.
The Sale of Goods Act 1954 regulates the general sale of goods in the ACT. (Formerly, the
Careless Use of Fire Regulations made under the Careless Use of Fire Act 1936
made it an offence for a general retailer to sell matches (other than safety
matches) or stick or crude phosphors.) The Cotter River Act 1914 prohibits the
supply or sale of food in the Cotter catchment area. Part IV of the Dangerous
Goods Act, 1975 (NSW as in force in the ACT), empowers the Chief Inspector to
issue a license authorising the sale of explosives. Regulations under the Act
make detailed provision relating to safety of such goods. The Dangerous Goods
Act, 1975 (NSW as in force in the ACT) is currently under review.
The
Lay-by Sales Agreement Act 1963 regulates the practice of lay-bys. The
Plant Diseases Act 1934 requires persons displaying any fruit or vegetables for
sale to display them in a way so as the fair average quality of the item can be
determined. Fruit or vegetables affected by and pest or disease may not be sold
and may be destroyed by inspectors without compensation. The Poisons Act 1933
regulates the sale of certain poisons in the ACT. Part II provides for licences
while Part III deals with the storage and sale of poisons. The sale of food is
regulated by the
Public Health (Sale of Food and Drugs) Regulations made under
the Public Health Act 1928. Vendors are required to sell pure food free of
injurious drugs. Utensils must be free of impurities. Cleanliness is mandated
and certain utilities (such as glass washers) are required. Formerly, the Trading Hours
Act 1962 prescribed the hours for the sale of goods (other than certain exempt
goods including food, flowers, gardening material newspapers, petrol etc). ***This Act was repealed by new Trading Hours legislation recently (please contact us for more details).
The Trading Stamps Act 1972 regulates the use of trading stamps by retailers.
The sale of goods by weight is regulated by Trade Measurement Act 1991. The
Tobacco Act 1927
prohibits the sale of chewing tobacco and confectionary
resembling a tobacco product. It also regulates the use of cigarette vending
machines. Section 9 of the Ozone Protection Act 1991 prohibits the sale of
ozone depleting substances after certain dates. Discrimination in the course of
providing goods or services is covered by Part III of the Discrimination Act
1991.
The Door-to-Door Trading Act 1991 regulates the conduct of Door-to-Door
sellers. Conditions are imported into contracts and certain contractual terms
are excluded.
The Fertilizers Act 1904 requires sellers of fertiliser to specify (amongst
other things) the nature and quantities of the chemical constituents of
fertiliser sold.
The sale of fish and shell-fish is regulated by Part VI of
Public Health (Sale of Food and Drugs) Regulations
made under the Public Health Act 1928.
Provision is made for the design of premises, the labelling of food and the
sale of certain items (shell-fish and oysters).
The Hawkers Act 1936 prohibits hawking without a licence issued under the Act.
The Act imposes limits on the practice of hawking - both in terms of times of
goods and location. The Poisons Act 1933 regulates the possession and
dispensing of certain poisons in the ACT. Part III prohibits the hawking of
poisons. This act is currently under review.
The sale of ice and ice-cream is regulated by Part VI of the
Public Health (Sale of Food and Drugs) Regulations
made under the Public Health Act 1928.
Provision is made for the packaging and sale of ice and ice-cream. Obligations
are placed on the tenant of a cold store chamber. There are fairly uniform Food
Standards Regulations in force, as regulations, throughout Australia.
In the ACT, over 70 meat vendors are regulated by the
Public Health (Meat) Regulations made under the Public Health Act 1928. Meat vendors must be
licensed and the businesses are subject to a number of public health
requirements (including the construction of premises, cleansing facilities, use
of excessive amounts of preservative and cleanliness).
Part III of the Milk Authority Act 1971 provides for the licensing of milk
vendors in the ACT. Licences are zoned.
The Sale of Motor Vehicles Act 1977 requires the licensing of over 70 motor
vehicle dealers in the ACT. Licensed dealers are required to maintain a
dealings register and advertise and sell motor vehicles in a prescribed manner.
Statutory warranties are inferred into sales. Provision is made for trust
accounts and a compensation fund. The Stamp Duties and Taxes Act 1987 imposes a
tax on the sale of vehicles by licensed motor vehicle dealers.
The ACT legislation also regulates second-hand vehicle dealers.
The Ozone Protection Act 1991 prohibits the service of ozone depleting
substances without a licence. Part II of the Act provides for the issuance of
licences.
The Ozone Protection Act 1991 prohibits the service of an article, including
machinery, containing an ozone depleting substance without a licence. Part II
of the Act provides for the issuance of licences.
Most of the States have legislation in place which deals with the use,
manufacture and destruction of ozone depleting substances. This legislation
regulates the use of ozone depleting chemicals, but not of the people who
service the machinery which uses the ozone depleting chemicals.
The NSW
Pawnbrokers Act 1902 as amended in the ACT continues in force in the ACT by virtue of
the New South Wales Acts Act 1986 regulates the trade of pawnbrokers.
Pawnbrokers are required to be licensed by the Magistrates Court on an annual
basis. Trade directories list one pawnbroker in the ACT.
The legislation protects clients through yearly registration and prudential
supervision (see ss. 11 29, 39 which deal with fair trading rules, protection
of pledges and property, specific protection of children and intoxicated
people). Prudential provisions (cancellation/suspension of registration) have
rarely (if ever) been triggered. The legislation serves a secondary but
important role in minimising criminal dealing in stolen goods. Detailed
provisions are made about the keeping of information about articles left with a
pawnbroker and specific dealings of a pawnbroker.
Part III of the Business Franchise (Tobacco and Petroleum Products) Act 1984
requires the licensing of Petroleum Retailers. This is a taxation measure which
requires the licensee to keep records of transactions and to pay a business
franchise tax. Section 42C of the Air Pollution Act 1984 provides that petrol
can only be dispensed by pumps constructed in accordance with the regulations.
The Fuels Control Act 1979 makes provision for rationing in emergencies.
Section 38 of the Rabbit Destruction Act 1919 and the
Rabbit Destruction Regulations
makes it an offence to keep a rabbit or noxious animal unless it is
kept in safe enclosure and the permission of the Minister is first obtained.
Trade directories list approximately 15 vendors.
The 90 ACT pharmacies are regulated by the Pharmacy Act 1931. Part III deals
with the registration and qualifications of pharmacists. Part IV deals with the
conduct of the practice of pharmacy. The Health Professions Boards (Elections)
Act 1980 acts as a reservoir of provisions dealing with election to the Board.
The
Health Professions Boards (Procedures) Act 1981
acts as a reservoir of
provisions dealing with procedures of the Board. The Poisons Act 1933
regulates
the possession and dispensing of certain poisons in the ACT. Part III deals
with the storage and sale of poisons. The Poisons Regulations make detailed
provisions for pharmacists to dispense prescriptions. The conduct of chemists'
shops is regulated by Part VI of the
Public Health (Sale of Food and Drugs) Regulations
made under the Public Health Act 1928. Provision is made for
cleanliness and the construction of the shop.
ACT and Federal laws deal with the classification and possession of material.
The trade of second-hand dealers and collectors is regulated by the NSW
< a href="http://www.austlii.edu.au/au/legis/act/consol_act/sdaca1906283/">
Second-hand Dealers and Collectors 1906 as amended in the ACT which continues in force in the ACT by
virtue of the New South Wales Acts Act 1986. Trade directories list more than
50 dealers and collectors in the ACT. In the period 1/1/92 to 13/1/93, there
were 78 applications for second-hand dealer licenses and 22 applications for
collector licenses. Since the ACT took over registration of second-hand dealers
and collectors locally, there have been 1850 applications for new licenses and
renewals.
The primary goal of the legislation is to minimise the criminal dealing in
goods. Dealers
and collectors are required to be licensed by the Magistrates Court. Detailed
provisions are made about the keeping of information about articles held by
dealers and collectors. The act deals with the suspicious offering of old
wares. Note that prudential provisions (cancellation/suspension of
registration) have rarely (if ever) been triggered.
This area is subject to article 10 of the UNESCO Convention on the Protection
of Cultural Heritage considered in a report to the
Commonwealth Minister for the Arts, Tourism and Territories entitled Review of
the Protection of Movable Cultural Heritage Act 1986.
Only NSW and the ACT regulate collectors as well as dealers. WA regulates
marine collectors.
Part III of the Business Franchise (Tobacco and Petroleum Products) Act 1984
requires the licensing of Retail Tobacconists. This is a taxation measure which
requires the licensee to keep records of transactions and to pay a business
franchise tax. The Tobacco Act 1927 prohibits the sale of tobacco to children.
The Tobacco Products (Health Warnings) Act 1986 prohibits the sale of tobacco
without certain warnings. The Tobacco Act 1927 prohibits the sale of chewing
tobacco and confectionary resembling a tobacco product.
New national legislation makes provision for dealers in weapons.
A number of vendors are not specifically regulated in the ACT. These include:
adult products (lingerie, etc) (15); computer sale/hire (187); condom vending
machine installer (regulated in Tasmania: Sale of Condoms Act 1987); and hire
merchants (8 types, 70).
Approximately 4,300 people work in wholesale trade in the ACT.
Part III of the Business Franchise (Tobacco and Petroleum Products) Act 1984
requires the licensing of Petroleum Wholesalers. This is a taxation measure
which requires the licensee to keep records of transactions and to pay a
business franchise tax. The Fuels Control Act 1979 also imposes particular
regulatory provisions. The Fair Trading (Fuel Prices) Act 1993 sets up a scheme
for the regulations of certain fuel prices.
Part III of the Business Franchise (Tobacco and Petroleum Products) Act 1984
requires the licensing of Wholesale Tobacco Merchants. This is a taxation
measure which requires the licensee to keep records of transactions and to pay
a business franchise tax. The Tobacco Act 1927 prohibits the sale of chewing
tobacco and confectionary resembling a tobacco product. The Tobacco Products
(Health Warnings) Act 1986 prohibits the sale of tobacco without certain
warnings.
Approximately 4,400 people work in transport and storage in the ACT.
The Motor Omnibus Regulations made under the Motor Traffic Ordinance 1932 (and
continued in force by section 2(4) of the Motor Traffic Act 1936) provides for
the licensing of passenger services and drivers. Services are regulated with
special provisions dealing with advertising. Trade directories list about 15
services.
The general business of the 70+ common carriers in the ACT is regulated by the
NSW Common Carriers Act 1902 which continues in force in the ACT by virtue of
the New South Wales Acts Application Act 1984. The liability of carriers is, in
general, restricted (although special provision is made for certain animals).
It is proposed that the Commonwealth Road Transport (Dangerous
Goods) Act 1995 will govern the transport of dangerous goods in the ACT. The
Plant Diseases Act 1934 prohibits carriers from bring plants vegetables or
fruits which are affected by and pest or disease into the ACT. Plants, fruit or
vegetables affected by and pest or disease may be destroyed by inspectors
without compensation. Part V of the Radiation Act 1983 regulates the carriage
of radioactive materials. The Animal Diseases Act 1993 prohibits a person from
transporting stock designated as defined stock by the Minister to or from an
abattoir or saleyard or other place of sale unless they are tagged with an
approved tag. The Clinical Waste Act 1990 requires the licensing of a business
to carry clinical waste.
Part III of the Motor Traffic Act 1936 regulates the issuance of licences to
operate taxis and private hire care vehicles. Part II of the
Taxi and Private
Hire Care Regulations establishes a code of conduct for drivers (not to tout,
cleanliness and shortest route). Part III deals with the use of taximeters,
Part IV with fares, Part V with ranking and Part VI with the use of signs.
Provision is also made for multiple hiring, lost property and prohibition on
the use of taxis for certain purposes.
The Mercantile Law Act 1962 clarifies the legal position of warehouse
operators. Warehouse operators are people engaged in the business of storing
goods as bailee for hire or reward. Section 19 of the Act provides that a
warehouse operator has a lien on goods deposited with him for storage for the
amount of:
- all lawful charges of the warehouse operator for storage and preservation
of the goods;
- all lawful claims of the warehouse operator for insurance, transportation,
labour, weighing, packing, coopering and other expenses in relation to the
goods; and
- where default is made in satisfying the lien charged on the goods by
virtue of the preceding provisions of this subsection, all reasonable charges
of the warehouse operator for notice and advertisement of an intended sale of
the goods and, if the goods are sold, for the sale of the goods.
The
warehouse operator may loose the lien if he or she fails to comply with
provisions in relation to notice. In certain circumstances the goods may be
sold to satisfy the lien.
A number of industries and occupations are not directly regulated: aviation
manufacturers, distributors and maintenance (10); railway services (1).
Approximately 1,500 people work in communication industries in the ACT.
However, none of the industries are directly regulated. These include: computer
programming (151); courier services (34); radio stations and related services
(22); and television stations and related services (9).
Approximately 17,200 people work in finance, property and business services in
the ACT.
Approximately 3,000 people work in finance and investment in the ACT.
The Co-operative Societies Act 1939 establishes a register to administer a
detailed regulatory scheme concerning building societies, credit unions and
co-operative societies. See also "Credit providers..." below.
Companies (other than trustee companies) are dealt with by Commonwealth
legislation. The Trustee Companies Act 1947 regulates the conduct of the
business of a trustee company. Only a company identified in the legislation may
operate as a trustee company. Specific provision is made relating to the
keeping of accounts and financial declarations.
The Unclaimed Monies Act 1950 makes provision for the management of and claims
for unclaimed money payable by a company--
- to a person in his capacity as a member of the company; or
- in respect of deposits with, or securities of, the company.
Part XI of the Credit Act 1985 provides for the licensing of over 80 credit
providers and over 15 finance brokers by the Credit Tribunal. The business of a
finance broker is particularly regulated with penalties for false statement and
excessive commission.
Part V of the Stamp Duties and Taxes Act 1987 imposes a tax on the sale of
marketable securities. Brokers are required to keep records of transactions.
The Consumer Credit Bill before the Assembly in 1995 seeks to adopt a uniform
Consumer Credit Code presently in operation in other states.
Under the Financial Institutions Duty Act 1987 a Financial Institution (bank,
dealer, trustee corporation, person who provides finance or management company)
may apply for registration as a financial institution in the ACT. Registration
may confer certain benefits on financial institutions. This Act is a taxation
Act.
Approximately 2,200 people work in insurance and services to insurance in the
ACT.
Part IV of the Stamp Duties and Taxes Act 1987 requires general insurers to be
registered, keep certain records and pay tax on transactions. The Life, Fire,
and Marine Insurance Act 1902 (New South Wales) (despite the generality of its
name) allows for the assignment of fire insurance policies with the consent of
the insurer.
Part IV of the Stamp Duties and Taxes Act 1987 requires life insurers to be
registered, keep certain records and pay tax on transactions.
Approximately 12,000 people work in other commercial services in the ACT. While
these services are primarily directed at servicing the property and business
sector, there is a significant overlap into areas of other services,
particularly personal services.
Part III of the Agents Act 1968 prohibits carrying on business without
registration. Part IV Div 4 requires minimum educational (set out in the
Regulations) and employment (3 years in the business) standards for new
entrants into the business and also provides that interstate agents are
eligible. Part VI requires the agent to open and maintain a trust account
subject to audit. Part VII provides rules of conduct for agents and Part VIII
permits the registrar to take action where there is a breach of the rules. The
Regulations provide that the minimum education standards are the completion of
the course in Real Estate Agency at the Canberra College of Technical and
Further Education.
Part II of the Architects Act 1959 establishes the Architects Board which is
remunerated and which regulates the 120+ architects in the ACT. Part III
provides for the registration of architects in the ACT. Part IV deals with the
conduct of architectural practices.
Under the Buildings (Design And Siting) Act 1964 any development must be
approved by the Australian Capital Territory Planning Authority.
The Auctioneers Act 1959 protects consumers and clients through a `traditional'
annual registration and prudential supervision. In addition, consumers are
protected by fair trading provisions. An important secondary benefit of the
legislation is the minimisation of criminal dealing in stolen goods. The
regulatory provisions give structure to the industry (which has both
protectionist and client benefit aspects). The act makes special provision
relating to the seller in sale by auction.
Between 1959 and 1993, around 1782 licenses were issued or reissued in the ACT
(an average of over 50 registration transactions annually). Trade directories
list 40+ auctioneers in the ACT. For the period 1/4/92 to 13/1/93, there were
96 applications for licenses and 127 applications for renewals of licenses.
The Sale of Goods Act 1954 also sets out detailed rules concerning the sale of
goods by auction.
The Trading Hours Act 1962 prescribes the hours for the sale by auction of
goods (other than certain exempt goods including food, flowers, gardening
material newspapers, petrol etc).
The business of boarding-house operators is regulated by Public Health
(Boarding-Houses) Regulations made under the Public Health Act 1928. Boarding
Houses are required to be registered. Detailed provisions are made relating to
public health issues (including the construction and maintenance of houses and
the duties of proprietors).
Part IV of the Boilers and Pressure Vessels Regulations made under the
Machinery Act provides that a person can not attend a boiler unless that person
has a boiler attendant's certificate or permission of the Chief Inspector. The
Chief Inspector may issue a certificate where the person has certain
educational and practical qualifications.
The Education Services for Overseas Students (Registration and Regulation of
Providers) Act 1994 regulates this profession.
The Discrimination Act 1991 specifically deals with discrimination by
employment agencies.
Employment agents are subject to specific regulation in Western Australia.
The Legal Practitioners Act 1970 regulates the practice of the 300+ ACT legal
practitioners (including both barristers and solicitors). Matters regulated
include admission into practice, practicing certificates, discipline and
insurance.
The Unclaimed Monies Act 1950 makes provision for unclaimed assets in the hands
of a liquidator.
Part II of the Mercantile Law Act 1962 sets out the legal position of
mercantile agents. The act deals (amongst other things) with the agent's rights
and duties with respect to goods held, dealings on behalf of the agent, pledges
by way of exchange, pledges for antecedent debt and saving of the rights of the
true owner. The definition of Business Agent in the Agents Act 1968 states that;
- A person carries on business as a business agent if, in the course of
carrying on business, the person acts, or holds out or advertises that he or
she is prepared to act, as agent for principals in the sale, purchase or
exchange, or in other dealings with, or in the disposition of, or in the
negotiations for the sale, purchase, exchange or other dealing with, or
disposition of, the goodwill in, or stock-in-trade of, businesses.
As such
a Mercantile Agent would appear to fall under the act and be subject to its
requirements such as registration.
The customary role of notaries public (a feature of common and civil law
systems) is recognised in the Notaries Public Act 1984 which provides for the
appointment and regulation of notaries. Notaries public are appointed by
application to the Supreme Court. Mandatory qualifications include good fame
and character and the holding of an unrestricted practicing certificate.
Three notaries public are listed in ACT trade directories.
The service of process is regulated by the Magistrates Court Act 1930, the
Magistrates Court (Civil Jurisdiction) Act 1982, the Small Claims Act 1974 and
the Rules of the Supreme Court of the ACT depending on which jurisdiction the
action is being brought.
The Radiation Act 1983 regulates the use of radioactive materials in the ACT.
It provides for the registration of irradiating apparatus, the licensing of
people who deal in, manufacture or use radioactive material and the storage and
disposal of radioactive materials.
There are over 135 real estate agents in the ACT. Part III of the Agents Act
1968 prohibits carrying on business without registration. Part IV Div 2
requires minimum educational (set out in the Regulations) and employment (3
years in the business) standards for new entrants into the business and also
provides that interstate agents are eligible. Part VI requires the agent to
open and maintain a trust account subject to audit. Part VII provides rules of
conduct for agents and Part VIII permits the registrar to take action where
there is a breach of the rules. The Regulations provide that the minimum
education standards are the completion of the course in Real Estate Agency at
the Canberra College of Technical and Further Education.
The Landlord and Tenant Act 1949 sets up a comprehensive regulatory regime
concerning domestic rental properties. This area of the law was the subject of
a report by the Community Law Reform Committee in 1994.
Certain commercial leases are also subject to the Tenancy Tribunal and Code of
Practice set up by the Tenancy Tribunal Act 1994.
The Scaffolding and Lifts Act 1912 (NSW as applied in the ACT) and Regulations
make detailed provision for the operation of lifts. These provisions operate
directly on the owners, lessees or managers of buildings:
Many Australian jurisdictions have legislation which impacts on the security
protection industry. These industries are presently the subject of a detailed
review under the Legislation Review Program.
The Surveyors Act 1967 deals with the regulation of cadastral and engineering
surveyors in the ACT. Part II establishes a self regulatory body. Part III
deals with registration and qualification of surveyors. Fees charged by a
surveyors are subject to review by the regulatory body.
The Trade Measurement Act 1991 requires the licensing of a person who certifies
a measuring instrument. One person has been licensed in the ACT.
The Trade Measurement Act 1991 requires the licensing of 3 public weighbridges
in the ACT.
Rules relating to partnerships are set out in the Partnership Act 1963. The Act
deals with the nature of partnership, the relationship between partners and
people dealing with the partnership, the relationship between partners and the
dissolution of partnerships. Discrimination against persons in the formation of
a partnership is covered by Part III of the Discrimination Act 1991.
The Tobacco Act 1927 regulates sponsorships promoting a tobacco product.
The Fair Trading Act 1992 makes it an offence to be a promoter or a participant
in a trading scheme where the scheme includes the following elements:
- goods or services, or both, are to be provided by the person promoting the
scheme; and
- the goods or services so provided are to be supplied to or for other
persons under transactions arranged or effected by persons who participate in
the scheme.
The following occupational groups and services are not directly regulated by
ACT legislation: accountants/auditor/actuaries (270); advertising agencies (40
agents, 20+ spin offs); aeronautical engineers (10); alert/alarm/security
services (5); appliance repairers (46); banks; commercial arbitrators (5);
commercial agents (all States other than the ACT and NT) and sub-agents (NSW,
Victoria and Tasmania); contractor for kit houses (NSW); credit reporting agent
(Queensland); crowd controller (Victoria and South Australia); debt collection
services (11); export agents (3); firearm repairer (West Australia) and
armourer (Queensland); geologists (8); investigators/inquiry agents (all States
other than the ACT and NT) (15); investment agents (75); lobbyists (25); patent
attorney (7); refrigeration services (47); tax agent; valuers (48).
Approximately 38,500 people work in public administration in the ACT. An
additional 2,000 people work in relation to the supply of electricity and gas
in the ACT.
Approximately 31,000 people work in community services in the ACT.
Approximately 13,800 people work in these services in the ACT. There is little
direct regulation of this area.
Under regulation 15 of the Public Health (Infectious and Notifiable Diseases)
Regulations made under the Public Health Act 1928 the principal teacher of a
school must notify the Medical Officer of Health of a child or member of staff
suffering from an infectious disease. Discrimination against prospective
students is covered by Part III of the Discrimination Act 1991. Other
jurisdictions register teachers under specific legislation (Victoria: Education
Act 1958, Queensland: Education (Teacher Registration) Act 1988, SA: Education
Act, Tasmania: Education Act 1932).
Approximately 6,300 people work in this service in the ACT.
Under the Skin Penetration Act 1994 skin penetration procedure includes a
process that is performed as part of therapeutic treatment and hence would
appear to cover acupuncture. The act imposes various obligations on those
involved in skin penetration procedures including the need to be licensed and
the maintenance and inspection of premises.
Part II of the Chiropractors and Osteopaths Act 1983 establishes the
Chiropractors and Osteopaths Board which regulates the two professions in the
ACT. Part III provides for the registration of chiropractors and osteopaths.
Part IV deals with the conduct of chiropractic and osteopathic practices. The
Health Professions Boards (Elections) Act 1980 acts as a reservoir of
provisions dealing with election to the Board. The Health Professions Boards
(Procedures) Act 1981 acts as a reservoir of provisions dealing with procedures
of the Board.
Part II of the Dental Technicians and Dental Prosthetists Act 1988 establishes
the Dental Technicians and Dental Prosthetists Board which regulates dental
technicians and Prosthetists in the ACT. Part III provides for the registration
of dental technicians and Prosthetists. Part IV deals with the conduct of such
practices. The Health Professions Boards (Elections) Act 1980 acts as a
reservoir of provisions dealing with election to the Board. The Health
Professions Boards (Procedures) Act 1981 acts as a reservoir of provisions
dealing with procedures of the Board.
The ACT is the only jurisdiction which regulates technicians and only Tasmania
and the ACT regulate Prosthetists.
Part II of the Dentists Registration Act 1931 establishes the Dental Board
which regulates dental workers in the ACT. Part III provides for the
registration of dentists, dental assistants and dental hygienists. Part IV
deals with the conduct of dental practices. The Health Professions Boards
(Elections) Act 1980 acts as a reservoir of provisions dealing with election to
the Board. The Health Professions Boards (Procedures) Act 1981 acts as a
reservoir of provisions dealing with procedures of the Board. As in some other
jurisdictions, hygienists are regulated (Victoria South Australia and the
Northern Territory).
The Medical Practitioners Act 1930 regulates the practice of over 450 medical
practitioners in the ACT. Part III deals with the registration and
qualification of practitioners. Part IV deals with the conduct of Medical
practices. The Medical Practitioners (Advertising) Regulations regulate the
form and content of advertising for medical practitioners. The Medical Service
(Fees) Act 1984 limits the fees which a doctor can claim in respect of a
patient at certain hospitals. The Health Professions Boards (Elections) Act
1980 acts as a reservoir of provisions dealing with election to the Board. The
Health Professions Boards (Procedures) Act 1981 acts as a reservoir of
provisions dealing with procedures of the Board. The Poisons Act 1933
regulates
the possession and dispensing of certain poisons in the ACT. Part II deals with
the storage and sale of poisons while Part III deals with a poisons register.
The Medical Treatment Act 1994 deals with refusal of treatment.
The Mental Health Act 1962 regulates the admission of mental health patients.
The Mental Health (Treatment and Care) Act 1994 and the Mental Health
(Consequential Provisions) Act 1994 regulate private mental health facilities
and impose controls on the use of convulsive and other surgical procedures.
The profession of Nurses is regulated by the Nurses Act 1988. Part III deals
with the education and assessment of nurses. Part IV deals with registration.
Part VII deals with the conduct of the practice of nursing. The Health
Professions Boards (Elections) Act 1980 acts as a reservoir of provisions
dealing with election to the Board. The Health Professions Boards (Procedures)
Act 1981 acts as a reservoir of provisions dealing with procedures of the
Board.
Nurses agents are regulated in Victoria (Nurses Act 1958) while midwife nurses
are regulated in NSW (Nurses Registration Act 1953).
The profession of optometry is regulated by the Optometrists Act 1956. Part III
deals with the registration and qualifications of 50 ACT optometrists. Part IV
deals with the conduct of the practice of optometry. The Health Professions
Boards (Elections) Act 1980 acts as a reservoir of provisions dealing with
election to the Board. The Health Professions Boards (Procedures) Act 1981 acts
as a reservoir of provisions dealing with procedures of the Board.
See "Retail" above.
The profession of physiotherapy is regulated by the Physiotherapists
Registration Act 1977 . Part III deals with the registration and qualifications
of 60 ACT physiotherapists. Part IV deals with the conduct of the practice of
physiotherapy. The Health Professions Boards (Elections) Act 1980 acts as a
reservoir of provisions dealing with election to the Board. The Health
Professions Boards (Procedures) Act 1981 acts as a reservoir of provisions
dealing with procedures of the Board.
The Podiatrists Act 1994 sets up a regulatory scheme for
podiatrists/chiropodists. The act establishes a governing body and imposes
requirements as to registration and the conduct of podiatrists/chiropodists.
Private hospitals are regulated by Public Health (Private Hospitals)
Regulations made under the Public Health Act 1928. Private hospitals are
required to be registered. Detailed provisions are made concerning the
operation of the hospital.
The Psychologists Act 1994 sets up a regulatory scheme for psychologists. The
act establishes a governing body and imposes requirements as to registration
and the conduct of psychologists.
There is no direct regulation of the following services: aboriginal health
worker (Northern Territory: Health Practitioners and Allied Professionals Act);
dental nurses (Tasmania only); dietitians (regulated in Victoria: Dietitians
Act 1981, and the Northern Territory: Health Practitioners and Allied
Professionals Act); garbage disposal; health benefit organisations; herbalists;
homoeopaths; hypnotists (regulated in West Australia by the Psychologists
Registration Act and South Australia by the Psychological Practices Act 1973);
naturopaths (regulated in Northern Territory: Health Practitioners and Allied
Professionals Act); occupational therapists (regulated in Queensland:
Occupational Therapists Act 1979, South Australia: Occupational Therapists Act
1984, West Australia: Occupational Therapists Registration Act 1980 and the
Northern Territory: Health Practitioners and Allied Professionals Act) optical
dispensers (NSW, SA and WA); social worker (Northern Territory: Health
Practitioners and Allied Professionals Act); speech pathologists (Queensland:
Speech Therapists Act 1979 and Northern Territory: Health Practitioners and
Allied Professionals Act).
Approximately 4,600 people work in this service in the ACT.
There is no over-arching law in the ACT which deals with charities. A group of
laws regulate different aspects of charitable activity.
Some of the laws which refer to charities contain definitions of charities
within their `Interpretation' section. Even where this is so, some regard must
be given to the common law principles enunciated in the Preamble to the
Imperial Act 43 Elizabeth I c.4 (commonly called the Charitable Uses Act,
1601). The preamble was specifically saved by the ACT Imperial Acts Application
Act 1986.
In the ACT there are a number of laws which make special provision for
charities. The following listing is not intended to be exhaustive and you
should rely on your own research in relation to the operation of the provisions
identified below.
A number of taxing laws (including the Payroll Tax Act 1987, the Financial
Institutions Duty Act 1987 and the Stamp Duties and Taxes Act 1987) contain
special definitions of charities. Section 26 of the Discrimination Act 1991
exempts certain domestic accommodation of charitable bodies from section 21 of
the Act. The Door-to-door Trading Act 1991 exempts contracts for the supply of
goods or services by a charity from the operation of the Act. The Garbage
Regulations provide that a charitable body may apply to have premises used by
the body classified as domestic premises. The Lotteries Act 1964 exempts
charities from the operation of certain provisions of the Act. Schedule 1 of
the Motor Vehicles (Third Party Insurance) Regulations provides that a vehicle
used by a charitable organisation is to be classified as a Private Motor
Vehicle for the purposes of the Regulations. The Rates and Land Tax Act 1926
exempts certain buildings used exclusively for public charitable purposes. The
Trustee Act 1925 makes particular provision about charitable trusts. The
Perpetuities and Accumulations Act 1985 also makes special provision about
charitable trusts in relation to the rule against perpetual trusts. The
Unlawful Games Act 1984 provides that the game of two-up on Anzac Day is not
unlawful in certain circumstances when associated with a charity. The
Collections Act 1959 requires a charitable organisation to obtain a license
before undertaking an appeal. This act is currently under review.
Note that, in the ACT unlike Victoria, friendly societies are not subject to
specific regulation as such (although other provisions dealing with the
regulation of like bodies might apply to the operations of a friendly society
operating in the ACT).
The Adoption Act 1993 regulates the practice of private adoption agencies. The
act permits a charitable agency carrying on the work of organising adoptions to
apply to be a private adoption agency. The act states that the Court shall not
make an adoption order unless there is report from the principal officer of the
agency or the Director of Family Services. The act provides for regulations to
be made regulating private adoption agencies. The Regulations deal with
applications for approval and the alteration of objects of the agency. There
are no private adoption agencies in the ACT.
Approximately 6,300 people work in other community services in the ACT.
The ACT's cemeteries are regulated by the Cemeteries Act 1933 and the Canberra
Public Cemeteries Regulations.
Regulation 26(1A) of the regulations provides that tablets erected in a lawn
burial area shall not have more than 91 characters inscribed on them. There are
over 20 stone masons in the ACT.
Part VII of the Children's Services Act 1986 prohibits carrying on a child care
business without a licence. The Act provides for the licensing by the Minister
of child care agencies.
The Cremation Act 1966 provides that the Minister may issue a license to
operate a Crematorium. Special provision is made concerning the operation of
the crematorium.
Grave diggers are regulated to some degree in that regulation 21 of the
Canberra Public Cemeteries Regulations under the Cemeteries Act 1933 provides
that the trustees are responsible for the digging of all graves.
The Veterinary Surgeons Registration Act 1965 regulates the practice of 65+
veterinary surgeons in the ACT. Part II sets up The Veterinary Surgeons Board.
Part III deals with the registration and qualification of vets. Part V deals
with the conduct of veterinarian practices. The Health Professions Boards
(Elections) Act 1980 acts as a reservoir of provisions dealing with election to
the Board. The Health Professions Boards (Procedures) Act 1981 acts as a
reservoir of provisions dealing with procedures of the Board. Poisons Act 1933
regulates the possession and dispensing of certain poisons in the ACT.
Part II deals with the storage and sale of poisons while Part III deals with a
poisons register.
A number of services are not specifically regulated: funeral directors;
migration consultants; and recycling services.
Approximately 14,200 people work in recreation, personal and other services in
the ACT.
Approximately 3,900 people work in this service in the ACT.
The Publications Control Act 1989 controls the sale, hire or display of
video/computer games. Videos and games are classified under the Commonwealth
Classification (Publications, Films and Computer Games) Act 1985.
Part III of the Bookmakers Act 1985 provides for the licensing of bookmakers by
a Registrar of Bookmakers. Part II of the Bookmakers Act 1985 establishes a
Bookmakers Licensing Committee which must consider applications made by certain
persons.
The Boxing Control Act 1993 sets up a registration scheme for contests and
participators and a code of practice.
The Casino Control Act 1988 makes detailed provision for the conduct of the
business of a casino (including the provision of licences for employees). Note
that certain games (eg, baccarat and two-up) are also prohibited in certain
circumstances by the Unlawful Games Act 1984.
The Publications Control Act 1989 controls the exhibition of films in the ACT.
With limited exceptions, films must be classified before shown. Certain film
classification are prohibited. Films are classified under the Commonwealth
Classification (Publications, Films and Computer Games) Act 1985. (The Film
Classification Act 1971 translates the old NSW classifications to the new
classifications.) The Theatres and Public Halls Act 1928 require owners of
designated public theatres to be licensed. Public entertainment or meetings are
prohibited if unlicensed. Tickets may not be sold when the theatre or hall is
full and people are not permitted to sit in passage ways.
The Lotteries Act 1964 and Pool Betting Act 1964 regulate the conduct of
lotteries and pool betting in the ACT. Lotteries and pool betting schemes must
be approved and are subject to taxation and supervision.
Section 26 of the Lakes Act 1976 allows the Minister to licence the use of
power boats on the lakes for ferry or sporting purposes.
Part III of the Public Baths and Public Bathing Act 1956 makes detailed
provision for the conduct of a public pool. Part IV requires a manager to keep
a lost property register.
The Racecourses Act 1935 requires the licensing of the one racecourse in the
ACT. Provision is made for the size of certain racecourses. Trotting races may
be held at any showground without a licence provided that the conditions of the
races have been approved by the Minister and the association registered by the
Minister.
The Theatres and Public Halls Act 1928 require owners of a designated public
halls to be licensed. Public entertainment or meetings are prohibited if
unlicensed. Tickets may not be sold when the theatre or hall is full and people
are not permitted to sit in passage ways. Most of the act is quite out of date.
One section prohibits the holding of public gatherings on Christmas Day and
Good Friday.
Other regulations that apply to theatres and public halls are the Building Act
1972, the Scaffolding and Lifts Act 1957, the Fire Brigade Act 1957 and
regulations under the Public Health Act 1928,
Public Health (Sale of Food and Drugs) Regulations
, Public Health (General Sanitation) Regulations, Public
Health (Eating Houses) Regulations) and the Publications Control Act 1989.
There are over 80 travel agents in the ACT. Part III of the Agents Act 1968
prohibits carrying on the business of a travel agent without registration. Part
V Div 3A requires minimum educational (set out in a schedule to the Act) and
employment (3 years in the business) standards for new entrants into the
business. The schedule includes a number of alternate ACT and interstate
courses. Part VIA requires the agent to participate in a compensation scheme to
protect customers. Part VII provides rules of conduct for agents and Part VIII
permits the registrar to take action where there is a breach of the rules.
The Classification of Publications Ordinance 1983 controls the classification
of videos and video/computer games within the territory (in early 1996 it will
be replaced with the Commonwealth Classification (Publications, Films and
Computer Games) Act 1985) while The Publications Control Act 1989 (an ACT act)
controls the possession of classified material for the purpose of sale or hire
in the ACT. The Business Franchise ("X" Videos) Act 1990 attempted to set up a
taxation scheme for X rated videos, but after a High Court case the only
operative part of the act is that requiring retailers and wholesalers of X
rated videos to be licensed.
There is no specific regulation of the following services: entertainers (50);
entertainment industry agent/manager (regulated in NSW: Entertainment Industry
Act 1989); film production (13); hot-air balloons; jockeys; theatrical
ordinance (explosives) supplier (regulated in Queensland: Weapons Act 1990);
aquariums.
Approximately 3,000 people work in this service in the ACT.
The business of barbers is regulated by Public Health (Barbers' Shops)
Regulations made under the Public Health Act 1928. Barbers' shops are required
to be registered. Detailed provisions are made relating to public health issues
(including the prohibition of rotary hairbrushes and a requirement that only
clean water be used for shaving).
The Skin Penetration Procedures Act 1994 regulates skin penetration procedures,
where this is defined to be any process that involves--
- the piercing, cutting, puncturing or tearing of the skin or any other part
of a human body; or
- the administration of a dye or other substance for the purpose of
colouring part of the skin of a human body;
and includes--
- a process that is performed as part of therapeutic treatment;
- the cleaning, sterilisation or disinfection of any appliance or article
used or intended to be used in connection with the performance of a skin
penetration procedure; and
- any other process that is preparatory or ancillary to the performance of a
skin penetration procedure;
but does not include--
- the cutting, shaving or dyeing of a person's hair; or
- closed ear piercing.
"Closed ear piercing" means a process of ear
piercing that is carried out by means of an apparatus that--
- does not come in contact with the skin; and
- can be operated only by the use of sealed and pre-sterilised disposable
fittings.
The act provides for a Code of Practice, a licensing scheme,
inspections and considerable fines for failure to comply with any of these.
52 laundries, dry cleaning establishment and dye works are regulated by Public
Health (Laundries, Dry Cleaning Establishment and Dye Works ) Regulations made
under the Public Health Act 1928. While these locations do not need to be
registered, the businesses are subject to a number of public health
requirements (particularly dealing with contaminated items).
The Prostitution Act 1992 requires the registration of brothels and escort
agencies and deals with sexually transmitted diseases and child prostitution.
The following services are not directly regulated in the ACT: beauty salons
(50) (provided they only use `closed ear piercing': see Body Piercing above);
driving Instructors (30) (regulated in WA: Motor Vehicles Driving Instructors
Act, Victoria: Road Safety Act 1986, Tasmania: Traffic Act 1925, Queensland:
Motor Vehicle Instructor School Act 1969, NSW: Driving Instructors Act 1992);
ear piercing (3) (provided it is `closed ear piercing': see Body Piercing
above); locksmith (45); photographers (7 types, 87); unions (25+); Private
domestic assistance (300).
Approximately 7,000 people work in this service in the ACT. The Smoke-Free
Areas (Enclosed Public Places) Act 1994 creates restrictions on smoking in most
enclosed public areas.
Discrimination against a person seeking to be a member of a club is covered by
Part III of the Discrimination Act 1991.
The trade of innkeeper is partially regulated by the NSW Innkeepers' Liability
Act 1902 which continues in force in the ACT by virtue of the New South Wales
Acts Application Act 1984. However much of the actual regulation of this
industry is through common law rules which impose a series of `hidden' offences
for such things as discrimination or not accepting a guest at any time of the
day. Discrimination against a person seeking accommodation is covered by Part
III of the Discrimination Act 1991. See also Liquor Outlets
The trade of Gaming House Operators is prohibited by the NSW Games Wagers and
Betting-houses Act 1901 which continues in force in the ACT by virtue of the
New South Wales Acts Application Act 1984. Certain games (eg, baccarat and
two-up) are also prohibited in certain circumstances by the Unlawful Games Act
1984.
The Gaming Machine Act 1987 prohibits the use of gaming machines unless a club
or other person is licensed under the Act. Certain games (eg, baccarat and
two-up) are also prohibited in certain circumstances by the Unlawful Games Act
1984. Games based on video displays are also be regulated by The Publications
Control Act 1989 which controls the sale, hire or display of video/computer
games and the Commonwealth Classification (Publications, Films and Computer
Games) Act 1985 which provides for the classification of these games.
There is no direct regulation of golf course owners.
The Liquor Act 1975 regulates the sale of liquor in various situations. Part II
establishes a Liquor Licensing Board. Part IV deals with the issuance of
licences. Other provisions deal with standards for premises and the control of
conduct by licensees. The calculation of the license fee is dealt with in the
Business Franchise (Liquor) Act 1993. The operation of soda fountains is
regulated by Part VI of the
Public Health (Sale of Food and Drugs) Regulations
made under the Public Health Act 1928. Provision is made for dispensing soda
water and for the type of equipment and precautions which should be used. The
preparation of meals and cooked meats in hotels restaurants and cafes is
regulated by Part VI of the Public Health (Sale of Food and Drugs) Regulations
made under the Public Health Act 1928. Provision is made about the use of
unsound food. Provision is also made as to the duties of owners, the
cleanliness of employees, the use of broken utensils, the storage of food and
the use of fingers. Particular provision is made about waste beer.
ACT's restaurants (333) and cafes (93) (permanent or otherwise) are regulated
by Public Health (Eating Houses) Regulations made under the Public Health Act
1928. Eating houses are required to be registered. Detailed provisions are made
relating to public health issues (including clean premises and utensils,
ablutionary appliances and dogs). The operation of soda fountains is regulated
by Part VI of the Public Health (Sale of Food and Drugs) Regulations
made under
the Public Health Act 1928. Provision is made for dispensing soda water and for
the type of equipment and precautions which should be used. The preparation of
meals and cooked meats in hotels restaurants and cafes is regulated by Part VI
of the Public Health (Sale of Food and Drugs) Regulations
made under the Public
Health Act 1928. Provision is made about the use of unsound food. Provision is
also made as to the duties of owners, the cleanliness of employees, the use of
broken utensils, the storage of food and the use of fingers.
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