Tobacco Business Franchise Licences Regulations 1981

Tobacco Business Franchise Licences Regulations 1981

I, the Administrator of the Government of 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 Tobacco Business Franchise Licences Act 1980 .

G. S. M. GREEN, Deputy Governor

Deputy Governor

By His Excellency's Command,

D. A. LOWE

Treasurer

1.   Short title

These regulations may be cited as the Tobacco Business Franchise Licences Regulations 1981 .

2.   Commencement

These regulations shall take effect on the 1st day of the month immediately following 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,

licence means a licence issued and in force under the Act.

4.   Registers of licences

(1)  A register of wholesale tobacco merchants' licences and group wholesale tobacco merchants' licences and a register of retail tobacconists' 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 notices under the Act;

(d) where the premises are not a vehicle, vessel, or an aircraft – the address of the premises;

(e) where the premises 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 and the port in which it is registered under any Act or Imperial Act; 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 as amended and in force for the time being;

(f) [Regulation 4 Subregulation (1) amended by S.R. 1990, No. 60, Applied:23 May 1990] [Regulation 4 Subregulation (1) amended by S.R. 1996, No. 99, Applied:03 Jul 1996] the date of issue, period of validity, and expiry date of the licence;

(g) [Regulation 4 Subregulation (1) amended by S.R. 1990, No. 60, Applied:23 May 1990] [Regulation 4 Subregulation (1) amended by S.R. 1996, No. 99, Applied:03 Jul 1996] any conditions and terms of the licence.

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

5.   Appeals

(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 notification of that refusal to the person who made the application.

(2)  An appeal under section 32 of the Act against the revocation by the Registrar of a retail tobacconist's yearly licence shall be instituted within 1 month after the date on which the decision of the Registrar revoking the licence is served on the person who was the holder of the licence.

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

6.   Records to be kept by persons carrying on the business of selling tobacco

[Regulation 6 Substituted by S.R. 1988, No. 20, Applied:24 Feb 1988]

(1)  The records required to be kept for the purposes of section 36 of the Act are –

(a) in the case of a person who carries on a business of tobacco wholesaling – details in any written form of each sale of tobacco made by him and, in relation to each sale of tobacco shown –

(i) the price received for that tobacco;

(ii) the date of sale of that tobacco;

(iii) the name and (if known) the address of the purchaser of that tobacco; and

(iv) the address of each place to which that tobacco was delivered; and

(b) in the case of a person who carries on a business of tobacco retailing – details in any written form –

(i) [Regulation 6 Subregulation (1) amended by S.R. 1990, No. 60, Applied:23 May 1990] each purchase of tobacco made by him from the holder of a wholesale tobacco merchant's licence or a group wholesale tobacco merchant's licence; and

(ii) [Regulation 6 Subregulation (1) amended by S.R. 1990, No. 60, Applied:23 May 1990] each purchase of tobacco made by him from the holder of a wholesale tobacco merchant's licence or a group wholesale tobacco merchant's licence –

and, in relation to each purchase of tobacco shown –

(iii) the price paid for that tobacco;

(iv) the date of purchase of that tobacco;

(v) the name and (if known) the address of the person from whom he purchased that tobacco; and

(vi) the address of each place to which that tobacco was 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.

7.   Display and production of licence, &c.

(1)  A person holding a licence under the Act 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 7 Subregulation (2) amended by S.R. 1990, No. 60, Applied:23 May 1990] A person who fails to comply with a request by an inspector under subregulation (1) is guilty of an offence and is liable on conviction to a fine not exceeding 10 penalty units.

(3)  For the purposes of section 38 of the Act, the particulars required to be specified on a plate affixed to a vending machine from which tobacco can be obtained are the following:

The owner of this machine is the holder of a retail tobacconist's licence.

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

(a) that, where practicable, the plate required to be affixed to the machine under section 38 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)  [Regulation 7 Subregulation (5) amended by S.R. 1990, No. 60, Applied:23 May 1990] An occupier of premises who fails to comply with subregulation (4) is guilty of an offence and is liable on conviction to a fine not exceeding 5 penalty units.

8.   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 a 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 9 September 1981

These regulations are administered in the Treasury.