Business Franchise Licences (Tobacco) Amendment Act 1983 (NSW)
BUSINESS FRANCHISE LICENCES (TOBACCO)
AMENDMENT ACT, 1983, No. 133
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ANNO TRICESIMO SECUNDO
ELIZABETHS U BEGINS
Act No. 133, 1983.
An Act to amend the Business Franchise Licences (Tobacco) Act, 1975,
to increase the fees payable for licences under that Act, to make furtherprovision with respect to licences and for other purposes. [Assented to,
21st December, 1983.1
Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
1. This Act may be cited as the "Business Franchise Licences (Tobacco)
Amendment Act, 1983".
Commencement.
2. (1) Except as provided by subsection (2), this Act shall commence
on the date of assent to this Act.
(2) Section 5, in its application to Schedule 2, and Schedule 2 shall
commence on 28th August, 1984.
Principal Act.
3. The Business Franchise Licences (Tobacco) Act, 1975, is referred
to in this Act as the Principal Act.
Schedules.
4.
This Act contains the following Schedules:— SCHEDULE 1.—AMENDMENT TO THE PRINCIPAL ACT RELATING TO
FEES.
SCHEDULE 2.—AMENDMENTS TO THE PRINCIPAL ACT RELATING TO
LICENCES.
SCHEDULE 3.—MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL
ACT.
SCHEDULE 4.—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS.
Act No. 133, 1983. 3 Business Franchise Licences {Tobacco) Amendment.
Amendment of Act No. 63, 1975.
5. The Principal Act is amended in the manner set forth in Schedules
1-3.
Savings, transitional and other provisions.
6. Schedule 4 has effect.
SCHEDULE 1.
(Sec. 5.)
AMENDMENT TO THE PRINCIPAL ACT RELATING TO FEES.
Section 12 (1)—
Omit "10 per centum" wherever occurring, insert instead "15 per cent".
SCHEDULE 2.
(Sec. 5.)
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES. (1) (a) Section 3 (1), definitions of "group licence", "group retail tobacconist's licence", "group tobacco vending machine operator's licence"—
After the definition of "Commissioner", insert:—
"group licence" means a group retail tobacconist's licence, a group tobacco vending machine operator's licence or a group wholesale tobacco merchant's licence;
Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
"group retail tobacconist's licence" means a group retail tobacconist's licence referred to in section 11 (2) (b) and in force under this Act;
"group tobacco vending machine operator's licence" means a group tobacco vending machine operator's licence referred to in section 11 (2) (c) and in force under this Act;
(b) Section 3 (1), definition of "relevant period"—
Omit the definition, insert instead:—
"relevant period" means—
(a) in relation to a retail tobacconist's licence or a group retail tobacconist's licence—the period of 1 year that ended on 30th June that last preceded 27th August that last preceded the day on and from which the licence, if granted, would be in force;
(b) in relation to a tobacco vending machine operator's licence or a group tobacco vending machine operator's licence—the period of 6 months that ended—
(i) where the licence, if granted, would be in force on and from a day after 27th February in any year and before the next succeeding 28th August—on 31st
December in the previous year; or (ii) where the licence, if granted, would be in force on and from a day after 27th August in any year and before the next succeeding 28th February—on 30th June in that year; or
(c) in relation to a wholesale tobacco merchant's licence or a group wholesale tobacco merchant's licence—the month specified in column 2 of Schedule 1 that last preceded the month—
(i) specified in column 1 of Schedule 1 opposite the firstmentioned month; and
Act No. 133, 1983. 5
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(ii) on the 27th day of which the licence, if
granted and in force for the whole of its
term, would expire;
(c) Section 3 (1), definitions of "tobacco retailing", "tobacco vend- ing machine operations", "tobacco vending machine operator's licence", "tobacco wholesaling"— Omit the definitions of "tobacco retailing" and "tobacco whole- saling", insert instead:—
"tobacco retailing" means the business of selling tobacco by retail in the course of intrastate trade either alone or in conjunction with any other merchandise, and includes any such business carried on as part of or in conjunction with any other business, but does not include—
(a) the business of tobacco vending machine operations; or
(b) any business referred to in section 3G;
"tobacco vending machine operations" means the business of
selling tobacco by means of vending machines in thecourse of intrastate trade either alone or in conjunc-
tion with any other merchandise, and includes any such business carried on as part of or in conjunction with any other business, but does not include any business referred to in section 3G; "tobacco vending machine operator's licence" means a tobacco vending machine operator's licence referred to in section 11 (2) (c) and in force under this Act;
"tobacco wholesaling" means the business of selling tobacco in the course of intrastate trade either alone or in con- junction with any other merchandise, and includes any such business carried on as part of or in conjunction
6 Act No. 133, 1983.
Business Franchise Licences {Tobacco) Amendment,
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
with any other business, but does not include the busi- ness of tobacco retailing or the business of tobacco vending machine operations;
(d) Section 3 (2)—
Omit the subsection, insert instead:—
(2) The presence on any premises of a vending machine from which tobacco may be obtained shall be deemed to con- stitute the carrying on of tobacco vending machine operations by the occupier of the premises, unless a licensee is carrying on those operations by means of that machine in accordance with the licence.
(e) Section 3 ( 6 A ) —
Omit the subsection, insert instead:—
(6A) A reference in this Act to a holder of a group licence of any class includes a reference to each person whose name is, under section 11 ( 3 A ) , specified in a group licence of that class that is in force under this Act.
| (2) (a) Section 3A (1), (2 )— |
Omit "of wholesale tobacco merchants" wherever occurring.
(b) Section 3A (2) , (3) , (5) , (8) — Omit "tobacco wholesaling" wherever occurring, insert instead
"the business of selling tobacco".
Act No. 133, 1983. 7
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(3) Section 3 G — After section 3F, insert:—•
Retail or vending machine sales by tobacco wholesaler.
3G. (1) For the purposes of this Act, a person who carries on
tobacco wholesaling and who also carries on the business of selling
tobacco by retail in the course of intrastate trade—
(a) shall be deemed not to be carrying on tobacco retailing; and (b) shall be deemed to have sold in the course of tobacco whole- saling any tobacco so sold by retail. (2) For the purposes of this Act, a person who carries on tobacco wholesaling and who also carries on the business of selling tobacco by means of vending machines in the course of intrastate trade—
(a) shall be deemed not to be carrying on tobacco vending machine operations; and (b) shall be deemed to have sold in the course of tobacco whole- saling any tobacco so sold by means of vending machines.
(3) For the purposes of this Act, a person— (a) who carries on the business of selling tobacco by retail, or by means of vending machines, in the course of intrastate trade;
and(b) who is a member of a group, being a group which includes a person who carries on tobacco wholesaling,
shall be deemed to be carrying on tobacco wholesaling and to have sold in the course of tobacco wholesaling any tobacco so sold by retail or by means of vending machines, as the case may be.
8 Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(4) (a) Section 10 (2)—
After "licence", insert "or a group retail tobacconist's licence".
(b) Section 10 ( 2 A ) —
After section 10 (2), insert:—
(2A) On or after 28th August, 1984, a person shall not
carry on tobacco vending machine operations unless the person is the holder of a tobacco vending machine operator's licence or a group tobacco vending machine operator's licence.
Penalty: $250 for every day on which the person carries on
the business.
(c) Section 10 (4) —
After "licensee", insert "(other than the holder of a tobacco vending machine operator's licence or a group tobacco vending machine operator's licence)".
(5) (a) Section 11 (1) (c) (ii) —
Omit "is an applicant for a retail tobacconist's licence and".
(b) Section 11 (1A) (b)—
Omit "and".
(c) Section 11 (1A) ( c ) - ( f ) — Omit section 11 (1A) (c), insert instead:—
(c) for a retail tobacconist's licence—may be made by any person other than a person who is a member of a group
of retail tobacconists;(d) for a group retail tobacconist's licence—may be made on behalf of all or any of the members of a group of
retail tobacconists by any member of the group;
Act No. 133, 1983. 9
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(e) for a tobacco vending machine operator's licence—may be made by any person other than a person who is a member of a group of tobacco vending machine operators; and
(f) for a group tobacco vending machine operator's licence —may be made on behalf of all or any of the members of a group of tobacco vending machine operators by any member of the group.
(d) Section 11 (2)—
Omit the subsection, insert instead: —
(2) A licence shall be any one of the following:—
(a) a wholesale tobacco merchant's licence or a group wholesale tobacco merchant's licence, which authorises the licensee to carry on tobacco wholesaling at the premises specified in the licence;
(b) a retail tobacconist's licence or a group retail tobacconist's licence, which authorises the licensee to carry on tobacco retailing at the premises specified in
the licence; (c) a tobacco vending machine operator's licence or a group tobacco vending machine operator's licence, which authorises the licensee to carry on tobacco vending machine operations.
(e) Section 11 (3)—
After "licence" where firstly occurring, insert "(other than a tobacco vending machine operator's licence or a group tobacco vending machine operator's licence)".
10 Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(f) Section 11 ( 3 A ) , (4 )— Omit the subsections, insert instead:—
(3A) The Chief Commissioner shall, on the grant of a group licence, cause the name of each person on whose behalf the application for the licence was made to be specified in the licence.
| (6) | (a) Section 12 (1) ( a l ) — |
Omit "or a renewal thereof".
(b) Section 12 (1) (b) —
Omit "equal to", insert instead "of".
(c) Section 12 (1) (b) —
Omit "licence).", insert instead "licence or a group wholesale tobacco merchant's licence);";
(d) Section 12 (1) ( c ) - ( e ) — After section 12 (1) (b), insert:—•
(c) for a group retail tobacconist's licence—a fee of $10 together with an amount of 15 per cent of the value of tobacco sold by all persons who are members of the group of retail tobacconists of which the applicant for the licence is a member (whether or not the application was made by them or on their behalf and whether or not they were members of that group during the whole or any part of the relevant period) in the course of tobacco retailing during the relevant period (other than tobacco purchased in the course of intrastate trade from the holder of a wholesale tobacco merchant's licence or a group wholesale tobacco merchant's licence);
Act No. 133, 1983. 11
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(d) for a tobacco vending machine operator's licence—a fee of $5 together with an amount of 15 per cent of the value of tobacco sold by the applicant in the course of tobacco vending machine operations during the relevant period (other than tobacco purchased in the course of intrastate trade from the holder of a wholesale tobacco merchant's licence or a group wholesale tobacco merchant's licence);
(e) for a group tobacco vending machine operator's licence —a fee of $5 together with an amount of 15 per cent of the value of tobacco sold by all persons who are members of the group of tobacco vending machine operators of which the applicant for the licence is a member (whether or not the application was made by them or on their behalf and whether or not they were members of that group during the whole or any part of the relevant period) in the course of tobacco vending machine operations during the relevant period (other than tobacco purchased in the course of intrastate trade from the holder of a wholesale tobacco merchant's licence or a group wholesale tobacco merchant's licence).
(e) Section 12 ( 1 A ) - ( 1 C ) —
Omit the subsections, insert instead:— (1A) Where an applicant for a licence (other than a group licence) was, at any time during the relevant period for the licence, a member of a group—
(a) in the case of an applicant for a wholesale tobacco merchant's licence—the tobacco sold by the applicant in the course of tobacco wholesaling during that relevant period shall, for the purposes of subsection (1) (a), be deemed to have included any tobacco sold by the other member or. if more than one, all of the other members of the group in the course of tobacco wholesaling during that relevant period;
12 Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(b) in the case of an applicant for a retail tobacconist's licence—the tobacco sold by the applicant in the course of tobacco retailing during that relevant period shall, for the purposes of subsection (1) (b), be deemed to have included any tobacco sold by the other member or, if more than one, all of the other members of the group in the course of tobacco retailing during that relevant period; or
(c) in the case of an applicant for a tobacco vending mach- ine operator's licence—the tobacco sold by the applicant in the course of tobacco vending machine operations during that relevant period shall, for the purposes of subsection (1) (d), be deemed to have included any tobacco sold by the other member or, if more than one, all of the other members of the group in the course of tobacco vending machine operations during that relevant period,
unless the applicant satisfies the Chief Commissioner that a fee for a licence has been paid to the Chief Commissioner after having been assessed in respect of the sale of that tobacco during that relevant period.
( 1 B ) Where an application is made on behalf of the mem- of the group was, at any time during the relevant period for the
bers of a group of any class for a group licence and any member
licence, a member of another group of that class (any one or more of the members of which is not a member of the first- mentioned group) —
(a) in the case of an application for a group wholesale tobacco merchant's licence—the tobacco sold by mem- bers of the firstmentioned group in the course of tobacco wholesaling during that relevant period shall, for the purposes of subsection (1) ( a l ) , be deemed to have included any tobacco sold by any of the members of the other group in the course of tobacco wholesaling during that relevant period;
Act No. 133, 1983. 13
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(b) in the case of an application for a group retail tobaccon- ist's licence—the tobacco sold by members of the first- mentioned group in the course of tobacco retailing during that relevant period shall, for the purposes of subsection (1) (c), be deemed to have included any tobacco sold by any of the members of the other group in the course of tobacco retailing during that relevant period; or
(c) in the case of an application for a group tobacco vend- ing machine operator's licence—the tobacco sold by members of the firstmentioned group in the course of tobacco vending machine operations during that rele- vant period shall, for the purposes of subsection (1) (e), be deemed to have included any tobacco sold by any of the members of the other group in the course of tobacco vending machine operations during that relevant period,
unless the applicant satisfies the Chief Commissioner that a fee for a licence has been paid to the Chief Commissioner after having been assessed in respect of the sale of that tobacco during that relevant period.
( l c ) For the purposes of this section, tobacco shall not be
treated as having been sold in the course of tobacco wholesaling
by reason only of its having been sold to the holder of a whole-
sale tobacco merchant's licence or a group wholesale tobaccomerchant's licence.
(f) Section 12 (6) —
After "licence" where firstly occurring, insert "or a group retail tobacconist's licence".
Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(g) Section 12 (6A) —
After section 12 (6), insert:—
(6A) Notwithstanding any other provision of this section, where a tobacco vending machine operator's licence or a group tobacco vending machine operator's licence is to be in force for a period of 5 months or less, the amount of the fee that, but for this subsection, would be payable shall be reduced, where the licence is to be in force for a period of—
(a) 5 months or less but more than 4 months—by one-sixth;
(b) 4 months or less but more than 3 months—by two- sixths;
(c) 3 months or less but more than 2 months—by three- sixths;
(d) 2 months or less but more than 1 month—by four- sixths; or
(e) 1 month or less—by five-sixths.
(h) Section 12 (8) — Omit the subsection, insert instead:—
(8) In subsections (2) and (3), "applicant", in relation to a licence, includes any person whose tobacco sales during the relevant period for the licence would be required to be taken into account by reason of subsection (1) ( a l ) , (1) (c), (1) (e), (1A) or ( 1 B ) for the purpose of determining the fee for the licence if the fee was not required to be assessed under either subsection (2) or (3).
Act No. 133, 1983. 15
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO LICENCES—continued. (7) (a) Section 13 ( 1 ) , ( 2 ) —
Omit the subsections, insert instead:—
(1) In this section, "prescribed date" means—
(a) in relation to a retail tobacconist's licence or a group retail tobacconist's licence—28th September, 28th October, 28th November, 28th December, 28th January, 28th February, 28th March, 28th April, 28th May, 28th June or 28th July; or
(b) in relation to a tobacco vending machine operator's licence or a group tobacco vending machine operator's
licence—(i) where the licence, if in force for the whole of its term, would expire on 27th August—28th September, 28th October, 28th November, 28th December or 28th January, or
(ii) where the licence, if in force for the whole of its term, would expire on 27th February—28th March, 28th April, 28th May, 28th June or 28th July.
(2) An applicant for a retail tobacconist's licence, a group
retail tobacconist's licence, a tobacco vending machine operator's
licence, being a licence which is to be in force for more than 1 licence or a group tobacco vending machine operator's month, may, in the application, if the licence fee payable in respect of the licence is in excess of $120, elect to pay the licence fee by instalments in accordance with this section.
(b) Section 13 ( 3 ) — After "licence" where firstly occurring, insert "or a group retail tobacconist's licence".
30785D-43
16 Act No. 133, 1983.
Business Franchise Licences {Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(c) Section 13 (3) (a )—
Omit "or renewal" wherever occurring.
(d) Section 13 ( 3 A ) — After section 13 (3), insert:—
(3A) Where a tobacco vending machine operator's licence or a group tobacco vending machine operator's licence—
(a) is to be in force for a period of more than 5 months— the licence fee may be paid by 6 equal instalments, the first instalment being due and payable before the grant of the licence and each of the remaining 5 instalments being due and payable respectively on the following 5 prescribed dates (commencing with 28th September in the case of a licence referred to in subsection (1) (b) (i) or with 28th March in the case of a licence referred to in subsection (1) (b) (ii)) next following the date of issue of the licence;
(b) is to be in force for a period of more than 4 months but not more than 5 months—the licence fee may be paid by 5 equal instalments, the first instalment being due and payable before the grant of the licence and each of
the remaining 4 instalments being due and payable respectively on the following 4 prescribed dates (com- mencing with 28th October in the case of a licence referred to in subsection (1) (b) (i) or with 28th April in the case of a licence referred to in subsection (1) (b) (ii)) next following the date of issue of the licence;
(c) is to be in force for a period of more than 3 months but not more than 4 months—the licence fee may be paid by 4 equal instalments, the first instalment being due and payable before the grant of the licence and each of the remaining 3 instalments being due and payable
Act No. 133, 1983. 17
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
respectively on the following 3 prescribed dates (com- mencing with 28th November in the case of a licence referred to in subsection (1) (b) (i) or with 28th May in the case of a licence referred to in subsection (1) (b) (ii)) next following the date of issue of the licence;
(d) is to be in force for a period of more than 2 months but not more than 3 months—the licence fee may be paid by 3 equal instalments, the first instalment being due and payable before the grant of the licence and each of the remaining 2 instalments being due and pay- able respectively on the following 2 prescribed dates (commencing with 28th December in the case of a licence referred to in subsection (1) (b) (i) or with 28th June in the case of a licence referred to in subsec- tion (1) (b) (ii)) next following the date of issue of the licence; or
(c) is to be in force for a period of more than 1 month but not more than 2 months—the licence fee may be paid by 2 equal instalments, the first instalment being due and payable before the grant of the licence and the remain- ing instalment being due and payable on 28th January in the case of a licence referred to in subsection (1) (b) (i) or 28th July in the case of a licence referred to in
subsection (1) (b) (ii) next following the date of issue of the licence.
(e) Section 13 (4), (5 )—
After " (3 ) " wherever occurring, insert "or ( 3 A ) " .
(f) Section 13 (5), (6)—
Omit "retail tobacconist's" wherever occurring.
Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(8) (a) Section 14 (2), (3 )—
Omit the subsections, insert instead:—
(2) Where on a reassessment of a fee under subsection (1) the fee is reduced, the amount overpaid shall, subject to sub- section (4), be refunded by the Chief Commissioner.
(b) Section 14 (4)—
Omit "subsection (3)" where firstly and thirdly occurring, insert instead "subsection (2)".
(c) Section 14 (4) —
Omit "subsection (3) (a) or (b)", insert instead "subsection
(2)".
(d) Section 14 (5), (6), (6A) —
Omit the subsections, insert instead:—
(5) Where on a reassessment of a fee under subsection (1) the fee is increased, the additional amount payable by virtue of the reassessment shall, subject to subsection (7), be due and payable (whether or not the licence has ceased to be in force) —
(a)
within 14 days after notice of the reassessment is served on the person who is or was the holder of the
licence (other than a group licence) or on any one or more of the persons who are or were the holders of the group licence, as the case may be; and (b) by the person or, where the notice is served on more than one person, by each of the persons on whom the
notice is served.
(e) Section 14 (7). ( 8 ) -
Omit the subsections, insert instead:—
(7) A person by whom any additional amount is payable
under subsection (5) may, within 14 days after the service on
the person of notice of the reassessment by virtue of which the
Act No. 133, 1983. 19
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
additional amount became payable, apply to the Chief Com- missioner for approval to pay the amount by instalments, and if the Chief Commissioner approves of the amount being so paid, it shall be due and payable by the person by such instal- ments payable at such times as are specified in the instrument of the Chief Commissioner's approval.
(f) Section 14 (9) —
Omit " (6) , ( 6 A ) " , insert instead "(5)" .
(9) Section 16— Omit the section, insert instead:—
Duration of licences.
16. (1) A retail tobacconist's licence or a group retail tobacco- nist's licence shall be in force on and from the day specified in the licence as the day from which the licence commences until, unless it sooner ceases to have effect, 27th August next following that day.
(2) A tobacco vending machine operator's licence or a group
tobacco vending machine operator's licence shall be in force on andfrom the day specified in the licence as the day from which the licence
commences until, unless it sooner ceases to have effect, 27th August
or 27th February next following that day, whichever first occurs.
(3) A wholesale tobacco merchant's licence or a group whole-
sale tobacco merchant's licence shall be in force on and from the day specified in the licence as the day from which the licence commences until, unless it sooner ceases to have effect—
(a) in the case of a licence that was first in force on a day of a month occurring before the 28th day of the month—the 27th
day of the month in which it was first in force: and(b) in any other case—the 27th day of the next succeeding month after the month during which it was first in force.
Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment. SCHEDULE 2—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO LICENCES—continued.
(10) (a) Section 17 (1) —
Omit "retail tobacconist's".
(b) Section 17 (2) (a )—
Omit "it is a retail tobacconist's licence and the applicant for the licence or renewal of the licence", insert instead "the appli- cant for the licence".
(11) Section 19 (1 )—
Omit "the licence for which that person applied was a retail tobac- conist's licence and he", insert instead "that person".
(12) Section 20—
Omit the section.
(13) (a) Section 21 (1) —
Omit "retail tobacconist's".
(b) Section 21 (1)—
Omit "or renewal".
(c) Section 21 (8) (b)—
Omit the paragraph, insert instead:—
(b) if, in the application for a licence in respect of which the objection or appeal was instituted, the applicant
made an election under section 13, any instalment pay- able by virtue of that election has not become due and payable, each of the remaining instalments payable in respect of the licence shall be reduced by an amount that bears to the difference between the fee as originally assessed and the fee as determined on the objection or appeal the same proportion as one bears to the number of those remaining instalments.
(d) Section 21 (9)—
After "13 (3)". insert "or ( 3 A ) " .
Act No. 133, 1983. 21
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 3.
(Sec. 5.)
MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT.
(1) Section 3D (4) —
Omit "Companies Act, 1961", insert instead "Companies (New South
Wales) Code".
(2) Section 7 (2) —
After "distribution," wherever occurring, insert "transportation,".
(3) Sections 7 (2) (a), 8 (1)—
After "distributing," wherever occurring, insert "transporting,".
(4) Section 17 (3), (4)—
After section 17 (2), insert:—
(3) Where the Chief Commissioner is satisfied that the holder of a licence has contravened any provision of this Act or the regulations and that in all the circumstances of the case the licence should not continue in force, the Chief Commissioner may, by notice in writing to the holder of the licence, direct that the licence shall, on the date specified in the notice, cease to be in force.
(4) A direction under subsection (3) has effect according to its
tenor.
(5) Section 21 ( 7 A ) — After section 21 (7), insert:—
(7A) It is the responsibility of the person making an objection
or appeal under this section to establish the grounds on which it is
made.
Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 3—continued.
MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT—continued.
(6) (a) Section 23 (1A) —
After section 23 (1), insert:—
(1A) A holder of a wholesale tobacco merchant's licence or
a group wholesale tobacco merchant's licence—
(a)
shall issue, or cause to be issued, an invoice for and in relation to any sale of tobacco by the holder for the purpose of resale;
(b)
shall number, or cause to be numbered, each such invoice consecutively in order of issue; and
(c)
shall make, or cause to be made, a copy of each such invoice and shall preserve it for a period of 5 years after it was made.
Penalty: $1,000.
(b) Section 23 (2)—
After "documents", insert "or any copies of invoices".
(7) Section 23A (1 )—
After "tobacco" where thirdly occurring, insert "for the purpose of resale".
| (8) | (a) Section 28A ( 8 A ) — |
After section 28A (8), insert:—
It is the responsibility of the person making an objection
or appeal under this section to establish the grounds on which
it is made.
(8A)
Act No. 133, 1983. 23
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 3—continued.
MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) Section 28A (12), (13) —
After section 28A (11), insert:—
(12) The provisions of section 14 apply to and in respect of an amount assessed under this section in the same way as they apply to and in respect of a licence fee assessed under section 12.
(13) A person on whom notice of reassessment has been
served under section 14 (as applied by subsection (12)) may,
within 14 days after service of the notice, object to and appeal
against the reassessment as if the reassessment were an
assessment to or against which an objection or appeal may
be made under the foregoing provisions of this section, and
those provisions apply accordingly.
(9) Section 30 (3)—
Omit "section 362 of the Companies Act, 1961", insert instead "sections 528, 529 and 530 of the Companies (New South Wales) Code".
(10) Section 31— Omit the section, insert instead:—-
Regulations.
31. (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or con- venient to be prescribed for carrying out or giving effect to this Act.
Act No. 133, 1983.
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 3—continued.
MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT—continued.
(2) Without limiting the generality of subsection (1), the
Governor may make regulations for or with respect to—
(a) requiring persons, or persons belonging to classes of persons, specified in the regulations to make returns in such form and manner and containing such information as is indicated by the regulations relating to— (i) sales, purchases or stocks of, or dealings with, tobacco; and
(ii) the situation, and operation, of vending machines,
and to furnish the returns to the Chief Commissioner within
such time as may be so specified; and
(b) the exemption, absolutely or to a specified extent, and whether or not subject to conditions, of persons from the
operation of all or any specified provisions of this Act.(3) A provision of a regulation may—
(a)
apply generally or be limited in its application by reference to specified exceptions or factors;
(b) apply differently according to different factors of a specified
kind; or (c)
authorise any matter or thing to be from time to time deter- mined, applied or regulated by any specified person or body,
or may do any combination of those things.
(4) The regulations may impose a penalty not exceeding $500 for an offence against the regulations.
Act No. 133, 1983. 25
Business Franchise Licences (Tobacco) Amendment.
SCHEDULE 4.
(Sec. 6.)
SAVINGS, TRANSITIONAL AND OTHER PROVISIONS.
Date of effect of increase in fees.
1. (1) The amendment made by Schedule 1 applies to the fees to be paid for lic- ences granted or renewed with effect on or after 28th November, 1983.
(2) An assessment made under section 12 of the Principal Act at any time before the date of assent to this Act of the fee to be paid for a licence referred to in subclause (1) , being an assessment made as if the amendments made by Schedule 1 had been in force at that time, shall be deemed to have been a correct assessment of that fee.
Transitional provisions for issue of licences.
2. (1) Notwithstanding section 2 (2) , where a person would be required to hold a licence under the Principal Act, as amended by this Act, in order to carry on any particular business on or after 28th August, 1984, section 5, in its application to Schedule 2. and Schedule 2 shall, for the purpose only of doing anything, or requir- ing anything to be done, for the purpose of granting the licence before that date, be deemed to have commenced on the date of assent to this Act.
(2) Subclause (1) has no operation in relation to the granting of a licence authorising the holder of the licence to carry on any particular business before 28th August, 1984.
Objections and appeals.
3. Nothing in Schedule 3 (5) or (8) (a) applies to an objection or appeal made before the date of assent to this Act.
Reassessments.
4. The provisions of section 28A (12) and (13) of the Principal Act. as amended by this Act, apply to an assessment made under section 28A of the Principal Act
before the date of assent to this Act as well as to such an assessment made after that
date.
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