Hansard debates

  Mrs WADE (Attorney-General) -- I move:
  That this bill be now read a second time.
This  is  one  of three bills which  I  will  move  in due course to be  debated
together;  they are inextricably  intertwined. One is the  bill establishing the
Victorian Civil  and  Administrative Tribunal;  the  second is this  bill, which
establishes the Business Licence Authority; and the third bill, no.  18  on  the
notice  paper,  is a miscellaneous amendments bill which is required as a result
of these other two bills.

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As I said, there are two new bodies established under these bills and  this bill
deals with the Business Licensing Authority.
The Business Licensing Authority  will  be  a statutory body corporate of one or
more members. It will carry out licensing and  registration functions in respect
of  credit  providers;  estate agents; introduction agents; motor  car  traders;
prostitution  service providers; second-hand dealers and pawnbrokers, and travel
agents.
These functions are  currently carried out by  the Credit Authority, the  Estate
Agents  Licensing  Authority,  the  Motor Car Traders Licensing  Authority,  the
Prostitution  Control  Board, the Travel  Agents  Licensing  Authority  and  the
Secretary  of the Department  of Justice. The Business  Licensing Authority will
replace these bodies and enable these systems to be  streamlined  and  made more
consistent.

The bill also  addresses  a number of  inconsistencies in the current  licensing
arrangements. Provisions in relation  to timing of returns of annual statements,
endorsement of licences, surrender and return of cancelled licences and standard
disciplinary  remedies which are essential  elements of a  licensing system have
been addressed.
Each  of  the  occupations  or business  categories  I  have mentioned  here  is
currently regulated under individual acts. This will continue, with the addition
of the Business Licensing Act  covering the establishment of  the authority. The
relevant  acts presently set up a variety  of  bodies  and  types  of  licensing
systems appropriate to each occupation or business category.  The  establishment
of  one  single  licensing  authority will  enable  licensing  processes  to  be
streamlined   while  maintaining   differences,  where   necessary,   to  ensure
appropriate levels of  regulation  and  intervention  which  do not unreasonably
impact on business.

The establishment of the authority will:
        reduce  costs  and  time  to applicants and government  by  streamlining
        initial licensing processes;
        provide  for a generally consistent  set  of  procedures  applicable  to
        licensing applications;
        clarify statutory discretions;
        allow for  consolidation  of resources currently spread over a disparate
        range of bodies; and
        provide  increased  uniformity  resulting  in  increased  administrative
        efficiency.

More specifically, costs to businesses will be reduced through  the expansion of
a perpetual  licensing  system  rather  than a system of annual renewals. Once a
licence or registration is  obtained, businesses or  traders will in most  cases
pay annual fees  and provide annual statements. This provides greater  certainty
for businesses that would otherwise have to seek a renewal of licence at regular
intervals.
The  Business  Licensing Authority  will  be an  administrative  body  that will
determine applications based on written submissions from applicants rather  than
through  the  use   of  hearings.  Full  inquiries  and  opportunities  to  make
submissions on relevant issues  arising from an application  will be provided by
the  Business  Licensing Authority before  a  decision is made.  Further, in the
event that an  applicant  is dissatisfied by  a decision, full  and  appropriate
review mechanisms are available.  These procedures will reduce costs and prevent
unnecessary disruption to business operations.

Where  parties  are  aggrieved by  decisions  made  by  the  Business  Licensing
Authority, a full review  of  licensing  decisions  can  be  carried  out by the
Victorian Civil and Administrative Tribunal.  This  will  ensure  consistency of
decision making by  the  authority. It will also ensure that applicants have the
opportunity to  make  further representations about their suitability to operate
in these areas.
Appropriate regulation of these industries will also be maintained. Disciplinary
functions of  the bodies I have  mentioned,  such as an inquiry  as to whether a
trader  is  in breach of his or her licence,  will now be heard by the Victorian
Civil and  Administrative  Tribunal. The  Office  of Fair  Trading  and Business
Affairs  and the  police, and in some instances other bodies, will have the role
of  bringing  these disciplinary proceedings before VCAT. These proceedings will
ensure businesses and traders maintain appropriate standards and comply with the
legislation regulating them.

Industry, police  and consumer representatives  currently included on  licensing
and  disciplinary bodies will be  transferred to the tribunal, so valuable input
from those areas will be maintained.
Motor car traders and competition policy review
A competition policy review of the Motor Car Traders Act 1986  has recently been
completed. The overall conclusion of the  review was that the act had negligible
impact  on competitive rivalry.  However, it was  considered that its regulatory
objectives could be achieved  with more transparent regulation regarding certain
licensing criteria and rights to claim on the Motor Car Traders  Guarantee Fund.
I have  accepted several recommendations arising from the review and accordingly
the BLA bill includes the necessary amendments.

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These amendments complete the implementation of this item from  the government's
schedule of reviewable legislation under National Competition Policy.
I commend the bill to the house.
Debate adjourned on motion of Mr HULLS (Niddrie).
Debate adjourned until Thursday, 23 April.