Northern Territory Repealed Regulations

This legislation has been repealed.

WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) (STALLHOLDERS) BY-LAWS 1983

NORTHERN TERRITORY OF AUSTRALIA

WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) (STALLHOLDERS) BY-LAWS 1983

As in force at 16 December 2021

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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As in force at 16 December 2021

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WEST ARNHEM REGIONAL COUNCIL (JABIRU TOWN) (STALLHOLDERS) BY-LAWS 1983

By-laws under the Local Government Act 2019

1. Citation

These By-laws may be cited as the West Arnhem Regional Council (Jabiru Town) (Stallholders) By-laws 1983.

1. Definitions

In these By-laws, unless the contrary intention appears:

authorized officer means an officer or employee of the Authority authorized for the purpose of these By-laws.

permit means a permit issued under by-law 6 to sell goods from a stall.

public street has the meaning ascribed to it in the Traffic Act 1987.

stall means a temporary structure in or on which goods are offered for sale by retail, and includes a tent, vehicle or caravan.

stallholder means a person issued with a permit under by-law 6 to sell goods from a stall.

town area of Jabiru means the area administered by the Authority.

1. Stallholders to obtain permit

A person shall not sell goods from a stall in the town area of Jabiru except in accordance with a permit and these By-laws.

1. Application for permit

(1) A person may apply to the Council Services Manager for a permit and the application shall state:

(a) the name and business address of the applicant;

(b) the type of goods which the applicant intends to sell;

(c) the proposed location of the stall; and

(d) the period for which the permit is required.

(2) An application under clause (1) shall be accompanied:

(a) by the fee prescribed by the Authority; and

(b) in the case of the first application for a permit, by a certificate signed by 2 reputable inhabitants of the Territory certifying that the applicant is of good character and is a fit and proper person to hold a permit.

1. Grant or refusal to grant permit

The Authority shall consider an application for a permit and may:

(a) grant the application; or

(b) refuse to grant the application.

1. Issue of permit

(1) Where the Authority grants a permit it shall issue the permit in accordance with the form in the Schedule.

(2) A permit under clause (1) shall be valid for the period, not exceeding 3 years, indicated in the permit.

(3) A permit under clause (1) may be subject to conditions in relation to:

(a) the goods that may be sold from the stall;

(b) the days and hours during which goods may be sold;

(c) the siting of the stall; and

(d) the standards in relation to health or hygiene to be observed by the stallholder.

(4) A permit is not transferable.

1. Revocation of permit

(1) Subject to clause (2), the Authority may revoke a permit where the stallholder:

(a) has become bankrupt, applied to take the benefit of a law for the relief of bankrupt or insolvent debtors or has compounded with his creditors;

(b) has been convicted of an indictable offence;

(c) has contravened or failed to comply with a condition of his permit or these By-laws;

(d) is conducting his business in such a manner as to cause a nuisance or annoyance to persons in the neighbourhood of the stall; or

(e) has purported to assign or transfer his permit or is not personally carrying on the business for which the permit was granted.

(2) Where under clause (1), the Authority revokes a permit:

(a) it shall serve on the stallholder a notice that the permit has been revoked and that the revocation takes effect after 14 days from the date of the notice; and

(b) the stallholder shall return the permit, and his badge or card under by-law 8, to the Council Services Manager within 30 days of the date of the notice under paragraph (a).

1. Badges or cards

(1) The Authority shall issue to a stallholder a badge or card for which the stallholder shall pay the sum of $2.

(2) A stallholder shall display his badge or card whilst selling goods from his stall.

(2A) An offence of contravening or failing to comply with a provision of, or a notice under, clause (2) is a regulatory offence.

(3) A person shall not display a stallholder's badge or card unless he is the holder of a permit.

1. Rules of conduct

(1) A stallholder whilst offering goods for sale from his stall shall:

(a) carry his permit and upon demand by an authorized officer or a member of the Police Force produce it for inspection by the authorized officer or the member;

(b) have his name legibly and conspicuously displayed on his stall; and

(c) at all times maintain his stall in good order and condition.

(2) A stallholder shall not:

(a) conduct a stall between the hours of sunset and sunrise the next day, or on a Sunday, Christmas Day or Good Friday without obtaining the consent of the Authority;

(b) place his stall within a distance of 200 metres of a shop or permanent place of business that has for sale any goods, wares or merchandise of the type offered for sale by the stallholder;

(c) call his wares or cause or make an outcry, noise or disturbance likely to be a nuisance or cause annoyance to a person in that vicinity;

(d) deposit or store a box or basket under his vehicle or upon an adjacent roadway or footpath, whilst conducting his stall;

(e) obstruct the free passage of pedestrians or vehicles on a public street, whilst conducting his stall; or

(f) act in an offensive manner, whilst conducting his stall.

1. Parking

A stallholder shall not sell goods from a stall on private property unless there is adequate provision on the private property for the parking of his customers' vehicles.

1. Conduct of stall for charity, &c.

Notwithstanding these By-laws, the Authority may grant to a person, without fee, a licence to conduct a stall in a public street or on land for the period specified in such licence where such stall is conducted solely for the purpose of raising money for a religious, sporting or charitable organization or on behalf of any other organization which, in the opinion of the Authority, has objects for the benefit of the community.

1. Penalty

A person who contravenes or fails to comply with these By-laws or a condition of a permit granted to him is guilty of an offence.

Penalty: $400 and a daily penalty of $40 for each day during which the offence continues.

Schedule Stallholders (Jabiru) By-laws

regulation 6

STALLHOLDER'S PERMIT

No.         
................................................................................................................

(Name)

of.............................................................................................................

(Address)

is hereby permitted to sell..........................................................................

(Type of goods)

from a stall erected or placed at ...................................................................... in the town area of Jabiru, subject to the following conditions .............................................................................................................................................................................................................................................................................................................................................................................................................................................................

This permit shall remain in force until and including ................................., 20...

Dated this                  day of                 , 20  .

...............................

Council Services Manager

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

3 GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2.

4 LIST OF AMENDMENTS

bl 1 – 2 amd Act No. 29, 2021, s 10

bl 4 amd Act No. 29, 2021, s 10

bl 7 amd Act No. 29, 2021, s 10

bl 8 amd Act No. 68, 1983, s 138

sch amd Act No. 29, 2021, s 10