Business Law

ACT Laws of Specific Application

Agriculture, Forestry and Fishing

Approximately 500 people work in agriculture or in the provision of services to agriculture in the ACT.

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.

Apiaries

Section 14 of the Apiaries Act 1928 provides that beekeepers shall, on pain of criminal offence, register apiaries with the Minister administering the Act (the Regulations prescribe the form of application). The Minister has an absolute discretion to refuse to register an apiary. Bee-keepers must advise the Minister of the movement of apiaries (the Regulations prescribe the form) and give notice of disease.

The ACT is the only jurisdiction that requires registration of the apiaries rather than of the beekeeper.

Artificial Breeding of Stock

Regulations under the Animal Diseases Act 1993 prohibit a person other than a veterinarian surgeon authorised by the Director from artificially inseminating stock. Semen used must be declared to be from a disease free animal. Other jurisdictions regulate cattle inseminators. NSW regulates inseminators and instructors. Queensland regulates semen and ova transferors, collectors, handlers and processors. There is a great difference in the object of the regulation: some regulations are aimed at cattle, others apply widely to sheep, horses, pigs and goats.

Dairies

The ACT's one dairy herd is regulated by Public Health (Dairies) Regulations made under the Public Health Act 1928. Dairy producers and herds are required to be registered. Detailed provisions are made relating to public health issues (including standards, labelling, maintenance of herds, building and equipment, and the production, preparation and distribution of milk and cream are comprehensively regulated). Victoria also regulates dairy technicians. Queensland regulates bulk milk and milk graders, pasteurisers and dairy produce testers.

Egg Industry

Formerly, under the Egg Industry Act 1975, an egg farmer had to have a licence to conduct such a business. The availability of new licences was limited by an overall Territory quota which was, in part, determined by a (defunct) Australian quota scheme.

This legislation was repealed in early 1996 by the Law Reform (Abolitions and Repeals) Act 1996.

Fishing

The Fishing Act 1967 provides for the issuance of a license to professional fishers at Jervis Bay. This Act applies in the Jervis Bay Territory. Other jurisdictions regulate the internal organisation of the industry (classification of various professional classifications). (see also fish vendor below)

Horticultural Stock & Nurseries

The Plant Diseases Act 1934 permits inspectors to destroy, without compensation plants or associated soil at nurseries and plantations. Plants affected by and pest or disease may not be sold.

Grazier

The Stock Act 1991 imposes a stock levy based on the stock carrying capacity of a land holding. The Act requires and regulates the marking of stock and the movement of stock outside the land holding. The Rabbit Destruction Act 1919 makes detailed provision relating to the construction of fences (barrier and ring) to help eliminate and keep areas free of rabbits. The Soil Conservation Act 1960 authorises the Minister responsible for the Act to direct a rural land holder to take certain action or adopt certain practices to prevent or arrest erosion. The removal of vegetation near running water, steep hill-sides or other sensitive areas is prohibited. The Animal Diseases Act 1993 deals with the notification and destruction of diseased stock. Part IV of the Act also requires that stock designated as defined stock by the Minister to be transported to or from an abattoir or saleyard or other place of sale must be tagged with an approved tag.

The Rural Workers Accommodation Act 1938 formerly made provision for construction and accommodation of rural workers (particularly shearers). This legislation was repealed in early 1996 by the Law Reform (Abolitions and Repeals) Act 1996. Under the former Act regulations made detailed provision about the form of accommodation for farm workers (particularly shearers) and facilities which must be provided within the accommodation. The policy reasons for this legislation had all but disappeared with better rural roads and a gradual move in working practice whereby workers commuted from urban areas. To the best of our knowledge the last appointment of an inspector under the Act took place on 17 April 1968 while the last inspection took place 30 years ago at the Yarralumla woolshed in the 1960's.

Piggeries

Piggeries are regulated by the
  • 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.

    Stock and Station Agents

    The Agents Act 1968 requires stock and station agents to be registered with the Registrar of Agents. This legislation is presently under review.

    Others

    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);

    Mining

    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.

    Manufacturing

    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.

    Chemical, Petroleum and Coal

    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.

    Clothing

    Approximately 400 people work in the 60 businesses (12 different types) which manufacture clothes and hats. None of these manufacturers are specifically regulated.

    Fabricated Mineral Products

    Approximately 700 people work in this area of manufacturing. These manufacturers are not regulated.

    Food and Beverages

    Approximately 700 people work in the area of manufacturing food and beverages.

    Abattoirs

    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.

    Bakeries

    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.

    Cordial Manufacturers

    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.

    Others

    There are no regulations in relation to the following manufacturers: brewers; confectionary manufacturers; smallgoods manufacturers; pet food abattoirs.

    Furniture

    Approximately 500 people work in the 50 businesses (11 different types) which manufacture furniture. None of these manufacturers are specifically regulated.

    Printing and Publishing

    Approximately 1,700 people work in the area of printing and publishing.

    Newspapers

    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.

    Printing

    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.

    Machinery and Equipment

    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.

    Miscellaneous Manufacturing

    Approximately 500 people work in other areas of manufacturing. These manufacturers are not regulated.

    Non-Metallic Mineral Production

    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.

    Construction

    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.

    Building

    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.

    Electricians

    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.

    Plumbers, Drainers and Gasfitters

    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.

    Scaffolding and Lifts

    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.

    Riggers, Dogmen, Scaffolders and Crane Chasers

    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.

    Others

    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).

    Retail and Wholesale Trade

    Approximately 24,100 people work in wholesale and retail trade in the ACT.

    Retailers

    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.

    Door-to-Door Trading

    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.

    Fertiliser

    The Fertilizers Act 1904 requires sellers of fertiliser to specify (amongst other things) the nature and quantities of the chemical constituents of fertiliser sold.

    Fish Vendors

    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).

    Hawkers

    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.

    Ice and Ice-Cream

    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.

    Meat Vendors

    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).

    Milk Vendors

    Part III of the Milk Authority Act 1971 provides for the licensing of milk vendors in the ACT. Licences are zoned.

    Motor Vehicles

    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.

    Ozone Depleting Substances

    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.

    Pawnbrokers

    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.

    Petroleum Retailers

    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.

    Petshops

    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.

    Pharmacies

    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.

    Publications

    ACT and Federal laws deal with the classification and possession of material.

    Second-hand Dealers and Collectors

    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.

    Tobacco Products

    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.

    Weapons

    New national legislation makes provision for dealers in weapons.

    Others

    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).

    Wholesalers

    Approximately 4,300 people work in wholesale trade in the ACT.

    Petroleum Wholesalers

    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.

    Tobacco Wholesalers

    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.

    Transport and storage

    Approximately 4,400 people work in transport and storage in the ACT.

    Buses

    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.

    Carriers

    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.

    Taxis

    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.

    Warehouse Operator

    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: 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.

    Others

    A number of industries and occupations are not directly regulated: aviation manufacturers, distributors and maintenance (10); railway services (1).

    Communication

    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).

    Commercial

    Approximately 17,200 people work in finance, property and business services in the ACT.

    Finance and Investment

    Approximately 3,000 people work in finance and investment in the ACT.

    Building Societies, Credit Unions and Co-operative Societies

    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

    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--

    Credit providers, Finance Brokers and Moneylenders

    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.

    Others

    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.

    Insurance and Services to Insurance

    Approximately 2,200 people work in insurance and services to insurance in the ACT.

    General Insurers

    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.

    Life insurers

    Part IV of the Stamp Duties and Taxes Act 1987 requires life insurers to be registered, keep certain records and pay tax on transactions.

    General Services

    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.

    Agents

    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.

    Architects

    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.

    Auctioneers

    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).

    Boarding-house Operators

    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).

    Boiler Operators

    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.

    Education Services for Overseas Students

    The Education Services for Overseas Students (Registration and Regulation of Providers) Act 1994 regulates this profession.

    Employment Agents

    The Discrimination Act 1991 specifically deals with discrimination by employment agencies.

    Employment agents are subject to specific regulation in Western Australia.

    Legal Practitioners

    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.

    Liquidators

    The Unclaimed Monies Act 1950 makes provision for unclaimed assets in the hands of a liquidator.

    Mercantile Agents

    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; As such a Mercantile Agent would appear to fall under the act and be subject to its requirements such as registration.

    Notaries Public

    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.

    Process Servers

    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.

    Radiographers

    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.

    Real Estate Agents

    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.

    Scaffolding and Lifts

    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:

    Security (Protection) Industry

    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.

    Surveyors

    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.

    Trade Measurement Instrument Certification

    The Trade Measurement Act 1991 requires the licensing of a person who certifies a measuring instrument. One person has been licensed in the ACT.

    Weighbridges

    The Trade Measurement Act 1991 requires the licensing of 3 public weighbridges in the ACT.

    Partnerships

    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.

    Sponsors/Promoters

    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:

    Others

    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).

    Public Administration

    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.

    Community Services

    Approximately 31,000 people work in community services in the ACT.

    Education, Museum and Library Services

    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).

    Health

    Approximately 6,300 people work in this service in the ACT.

    Acupuncturers

    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.

    Chiropractors and Osteopaths

    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.

    Dental Technicians and Dental Prosthetists

    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.

    Dentists

    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).

    Medical Practitioners

    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.

    Mental Health

    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.

    Nurses

    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).

    Optometrists

    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.

    Pharmacies

    See "Retail" above.

    Physiotherapists

    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.

    Podiatrists/Chiropodists

    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

    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.

    Psychologists

    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.

    Others

    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).

    Welfare and Religious Institutions

    Approximately 4,600 people work in this service in the ACT.

    Charities

    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).

    Private Adoption Agencies

    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.

    Other community services

    Approximately 6,300 people work in other community services in the ACT.

    Cemeteries

    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.

    Child Care

    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.

    Crematoriums

    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

    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.

    Veterinary Surgeons

    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.

    Others

    A number of services are not specifically regulated: funeral directors; migration consultants; and recycling services.

    Recreation, personal and other services

    Approximately 14,200 people work in recreation, personal and other services in the ACT.

    Entertainment and Recreational

    Approximately 3,900 people work in this service in the ACT.

    Amusement Centres and Software Retail

    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.

    Bookmakers

    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.

    Boxing

    The Boxing Control Act 1993 sets up a registration scheme for contests and participators and a code of practice.

    Casino Operator

    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.

    Films

    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.

    Lotteries

    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.

    Power Boat Operator

    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.

    Public Baths

    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.

    Racecourses

    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.

    Theatres and Public Halls

    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.

    Travel Agents

    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.

    Video Outlets

    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.

    Others

    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.

    Personal Services

    Approximately 3,000 people work in this service in the ACT.

    Barbers

    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).

    Body Piercing and Tattoos

    The Skin Penetration Procedures Act 1994 regulates skin penetration procedures, where this is defined to be any process that involves-- and includes-- but does not include-- "Closed ear piercing" means a process of ear piercing that is carried out by means of an apparatus that-- The act provides for a Code of Practice, a licensing scheme, inspections and considerable fines for failure to comply with any of these.

    Laundries and Dry Cleaning Establishments

    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).

    Sex Work

    The Prostitution Act 1992 requires the registration of brothels and escort agencies and deals with sexually transmitted diseases and child prostitution.

    Others

    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).

    Restaurants, Hotels and Clubs

    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.

    Clubs

    Discrimination against a person seeking to be a member of a club is covered by Part III of the Discrimination Act 1991.

    Innkeepers

    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

    Games, Wagers and Betting-houses

    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.

    Gaming Machines

    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.

    Golf Courses

    There is no direct regulation of golf course owners.

    Liquor Outlets

    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.

    Restaurants and Cafes

    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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