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Part 4Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions
Licensing Authorities and Deputy Licensing Authorities

71Deputy Licensing Authorities

  1. The Minister of Justice may, by notice in the Gazette, appoint up to 2 Deputy Licensing Authorities if the Minister is satisfied that—

  2. 1 or more of the Licensing Authorities are unable, because of the absence (for any reason) of 1 or more of them, to perform the functions of office; or
    1. the amount of work to be done by the Licensing Authorities is more than can be reasonably done by the existing Authorities at that time.

      1. Repealed

      2. A Deputy Licensing Authority—

      3. must be appointed for a term of up to 5 years; and
        1. may be reappointed for further terms of up to 5 years; and
          1. remains in office, despite the expiry of his or her term of office, until a successor is appointed or he or she is advised that a replacement Deputy Licensing Authority will not be appointed.

            1. A Deputy Licensing Authority may resign from office by notice in writing to the Minister of Justice.

            2. The Minister of Justice may, at any time, remove a Deputy Licensing Authority for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, and the person removed from office is not entitled to compensation.

            3. A Deputy Licensing Authority who continues in office for any period under subsection (2A)(c) may act as an Authority during that period for the purpose of—

            4. completing any proceedings partly or wholly heard by the Authority before the expiry of his or her term of office:
              1. hearing any other proceedings.

                1. A Deputy Licensing Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

                2. A Deputy Licensing Authority has and may exercise the powers (including the powers listed in section 76(1)), duties, and functions of a Licensing Authority, subject to the control of a Licensing Authority.

                3. The fact that a Deputy Licensing Authority exercises the powers, duties, and functions of a Licensing Authority is conclusive evidence of his or her authority to do so.

                4. No appointment of a Deputy Licensing Authority, and no act done by him or her when acting as a Deputy Licensing Authority, may be called into question in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

                Notes
                • Section 71(1)(a): replaced, on , by section 292(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(1)(b): replaced, on , by section 292(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(2): repealed, on , by section 292(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(2A): inserted, on , by section 292(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(2B): inserted, on , by section 292(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(2C): inserted, on , by section 292(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(2D): inserted, on , by section 292(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(2E): inserted, on , by section 292(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(3): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 71(4): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).