Petroleum Products Business Franchise Licences Regulations 1982

Petroleum Products Business Franchise Licences Regulations 1982

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Petroleum Products Business Franchise Licences Act 1981 .

G. S. M. GREEN

Lieutenant-Governor

By His Excellency's Command,

B. K. MILLER

for and on behalf of Treasurer

1.   Short title

These regulations may be cited as the Petroleum Products Business Franchise Licences Regulations 1982 .

2.   Commencement

These regulations shall take effect on the fourteenth day after the date on which the making of the regulations is notified in the Gazette.

3.   Interpretation

In these regulations, except in so far as the context or subject-matter otherwise indicates or requires –

the Act means the Petroleum Products Business Franchise Licences Act 1981 ;

licence means a class A licence or a class B licence issued and in force under the Act.

4.   Prescribed percentages

[Regulation 4 Substituted by S.R. 1985, No. 149, Applied:14 Aug 1985] The percentages prescribed for the purpose of section 21(4) of the Act are as follows:

(a) 3.2 per cent for motor spirit;

(b) 3.2 per cent for diesel fuel.

5.   Registers of licences

(1)  A register of Class A licences and a register of class B licences required to be kept by the Registrar pursuant to section 23 of the Act shall, in relation to every licence, contain the following particulars:

(a) the serial number of the licence;

(b) the name of the licensee;

(c) the address for service of notice under the Act;

(d) where the premises specified in the licence which are to be used for or in connection with the business authorized by the licence are not a vehicle, vessel, or an aircraft–the address of the premises;

(e) where the premises specified in the licence which are to be used for or in connection with the business authorized by the licence are –

(i) a vehicle–the vehicle's registration number and the traffic area for which it is licensed under the Traffic Act 1925 ;

(ii) a vessel–the vessel's name; or

(iii) an aircraft–a description of the aircraft and the nationality and identification marks assigned to it under regulations made under the Air Navigation Act 1920 of the Commonwealth;

(f) [Regulation 5 Subregulation (1) amended by S.R. 1990, No. 59, Applied:23 May 1990] the date of issue, period of validity, and expiry date of the licence.

(g) [Regulation 5 Subregulation (1) amended by S.R. 1990, No. 59, Applied:23 May 1990] .  .  .  .  .  .  .  .  

(2)  In addition to the matters referred to in subregulation (1) , the Registrar shall record in the registers referred to in that subregulation particulars of –

(a) the reassessment of the fee in respect of a licence under section 22 of the Act;

(b) the amendment of a licence with respect to particulars of the premises specified in the licence under section 24 of the Act; and

(c) particulars of the transfer of a licence under section 25 of the Act.

(3)  An entry in the registers referred to in subregulation (1) shall not be made, altered, or deleted except by the authority of the Registrar.

6.   Time limit for appeal

(1)  An appeal under section 30 of the Act against the refusal by the Registrar of an application for the issue of a licence shall be instituted within 1 month after the forwarding of the notification of that refusal to the person who made the application.

(2)  A copy of a notice of appeal referred to in subregulation (1) shall be served on the Registrar.

7.   Records to be kept by persons carrying on the business of selling petroleum

[Regulation 7 Substituted by S.R. 1988, No. 21, Applied:24 Feb 1988]

(1)  The records required to be kept for the purposes of section 35 of the Act are –

(a) in the case of the holder of a class A licence–details in any written form of each sale of petroleum products made by him and, in relation to each sale of petroleum products shown –

(i) the type and volume of petroleum products sold;

(ii) the price received for those petroleum products;

(iii) the date of the sale of those petroleum products;

(iv) the name and (if known) the address of the purchaser of those petroleum products; and

(v) the address of each place to which those petroleum products were delivered; and

(b) in the case of the holder of a class B licence–details in any written form –

(i) each purchase of petroleum products made by him in the course of intrastate trade from the holder of a class A licence; and

(ii) each purchase of petroleum products made by him other than in the course of intrastate trade from the holder of a class A licence –

and, in relation to each purchase of petroleum products shown –

(iii) the type and volume of petroleum products purchased;

(iv) the price paid for those petroleum products;

(v) the date of purchase of those petroleum products;

(vi) the name and (if known) the address of the person from whom he purchased those petroleum products; and

(vii) the address of each place to which those petroleum products were delivered.

(2)  In this regulation, "written form" includes any form in the English language recorded by means of any microfilm, computer output, microfiche, electronic process, or other means which are readily accessible and convertible.

8.   Display and production of licences, &c.

(1)  A licensee shall, on demand by an inspector at the licensed premises or any other place where he carries on business by virtue of his licence, produce his licence to that inspector.

(2)  [Regulation 8 Subregulation (2) amended by S.R. 1990, No. 59, Applied:23 May 1990] A licensee who fails to comply with a request by an inspector under subregulation (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

(3)  For the purposes of section 37 of the Act, the particulars required to be specified on a plate affixed to a vending machine from which petroleum products can be obtained are the following:

The owner of this machine is the holder of a licence issued under the Petroleum Products Business Franchise Licences Act 1981 .

(4)  The occupier of premises on which there is kept a vending machine from which petroleum products can be obtained shall ensure –

(a) that, where practicable, the plate required to be affixed to the machine under section 37 of the Act is affixed to the front of the machine and, in any case, is affixed to the machine in a conspicuous place; and

(b) that the particulars required to be on the plate are clearly legible.

(5)  An occupier of premises who fails to comply with subregulation (4) is guilty of an offence and is liable on summary conviction to a penalty not exceeding $250.

9.   Issue of duplicate licence

(1)  Where a licensee satisfies the Registrar that his licence has been destroyed, stolen, or lost, the Registrar may issue a duplicate of the licence, and such duplicate shall, for the purposes of the Act, have the same effect in law as the first-mentioned licence.

(2)  The Registrar shall cause a duplicate licence issued under subregulation (1) to have written or printed on its face "Duplicate" in red letters.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 April 1982

These regulations are administered in the Treasury.