Cancellation of licence on conviction of licence holder

Schedule Miscellaneous Amendments of Principal Act

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Servants’ Registry Offices Amendment Act 1960

Public Act		1960 No 24
Date of assent		7 October 1960

	Title
1	Short Title
2	Miscellaneous amendments as to licences
3	Duration of licence
4	Cancellation of licence on conviction of licence holder
	Schedule Miscellaneous Amendments of Principal Act

An Act to amend the Servants’ Registry Offices Act 1908

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Servants’ Registry Offices Amendment Act 1960, and shall be read together with and deemed part of the Servants’ Registry Offices Act 1908 (hereinafter referred to as the principal Act).

2 Miscellaneous amendments as to licences

The principal Act is hereby amended in the manner indicated in the Schedule to this Act.

3 Duration of licence

The principal Act is hereby further amended by repealing section 5, and substituting the following section:

“5

“(1)

Every licence, unless sooner cancelled, shall continue in force for one year, but may, at the discretion of the Chief Inspector, be renewed from year to year on application therefor to the Inspector and payment of an annual fee of five shillings.

“(2)

If the Chief Inspector refuses to renew the licence, he shall give notice of his refusal to the licence holder setting out the grounds for his refusal, and the licence holder may, within fourteen days after the date of notification to him of the decision, appeal to a Magistrate’s Court.

“(3)

On the hearing of any such appeal the Court may either confirm or reverse the decision appealed against.

“(4)

The decision of the Court on any appeal under this section shall be final and conclusive.

“(5)

Every appeal under this section shall be made and dealt with by way of originating application, on notice, under the rules of procedure for the time being in force under the Magistrates’ Courts Act 1947, and the provisions of those rules shall apply accordingly.”

4 Cancellation of licence on conviction of licence holder

Section 18 of the principal Act is hereby amended by adding the following subsection as subsection (2) thereof:

“(2)

Where any person, being a licence holder, is convicted of an offence against this section, the Court, in addition to imposing any penalty for the offence, may make an order cancelling the licence, and thereupon the licence holder shall deliver up the licence to the Court for cancellation, and the Registrar shall forward the cancelled licence to the Inspector.”

Schedule Miscellaneous Amendments of Principal Act

Section 2

Section or Schedule Amended	Amendment
Section 2	By repealing the definition of the term “district”.
Section 2	By repealing the definition of the term “Inspector”, and substituting the following definitions: “‘Chief Inspector’ means the Chief Inspector of Factories under the Factories Act 1946: “‘Inspector’ means an Inspector of Factories under the Factories Act 1946; and ‘the Inspector’, in relation to the holder of or an applicant for a licence, means the Inspector in or nearest to the place in which is situated the premises in which the holder or applicant carries on or intends to carry on business:”.
Section 3	By omitting the words “in any district”.
Section 4	By omitting from subsection (1) the words “The Inspector”, and substituting the words “The Chief Inspector”.
Section 4	By inserting in paragraph (a) of subsection (1), after the words “application therefor”, the words “to the Inspector”.
Section 6	By omitting the words “The Inspector shall keep a register of all licence holders in his district”, and substituting the words “The Chief Inspector shall keep a register of all licences under this Act”.
Section 7	By omitting the words “the Inspector”, and substituting the words “an Inspector”.
Section 9	By omitting the words “the Inspector”, and substituting the words “an Inspector”.
Second Schedule	By omitting forms (1), (2), and (3), and substituting the following forms: “(1) Application for Licence Section 4(1)(a) To the Inspector of Factories at I, A.B., residing at hereby apply for a licence under the Servants’ Registry Offices Act 1908 as the keeper of a servants’ registry office at I enclose herewith the certificate of a Magistrate, and also the prescribed fee of 10s. Dated at , this day of 19 A.B. “(2) Certificate of Magistrate Section 4(1)(b) I, the undersigned, being a Stipendiary Magistrate, hereby certify that I believe [Here state the name of the applicant] to be a fit and proper person to have the conduct of a servants’ registry office under the Servants’ Registry Offices Act 1908. Dated at this day of 19 C.D. Stipendiary Magistrate. “(3) Licence Section 3 I, the undersigned, Chief Inspector of Factories, hereby licence A.B. of to keep and have the conduct of a servants’ registry office, subject to the provisions of the Servants’ Registry Offices Act 1908. This licence, unless sooner cancelled, continues in force for one year from the date hereof, and is not transferable in any manner whatsoever. Dated this day of 19 E.F. Chief Inspector of Factories.”

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Servants' Registry Offices Amendment Act 1960