Business Franchise (Tobacco and Petroleum Products) (Amendment) Regulations 1996 (Vic)

Business Franchise (Tobacco and Petroleum

Products) (Amendment) Regulations 1996

S.R. No. 41/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	2
3.	Principal Regulations	2
4.	Amendment of Regulation 2	2
5.	Amendment of Regulation 3	2
6.	New Regulation 5A inserted	2
5A. Application Fees	2
7.	New Regulation 14B inserted	3
14B. Expenses for persons required to attend under section 15 of

the Act 3

8.	New Regulation 18 inserted	4
18. Prescribed classes of person under the Act	4
9.	Amendment of Forms in Schedule 2	5

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NOTES 6

i

STATUTORY RULES 1996

S.R. No. 41/1996

Business Franchise (Tobacco) Act 1974

Business Franchise (Tobacco and Petroleum

Products) (Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 21 May 1996

Responsible Minister:

ALAN R. STOCKDALE

Treasurer

A. WILTSHIRE

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make amendments to the Business Franchise (Tobacco and Petroleum Products) Regulations 1992 as a result of amendments to the Business Franchise (Tobacco) Act 1974, to—

(a)	prescribe classes of persons for the purposes of the evidentiary provisions of the Act;
(b)	prescribe application fees for licences under the Act;
(c)	prescribe a scale of expenses for persons required to attend under section 15(3) of the Act; and

(d) make minor amendments to various forms.

Business Franchise (Tobacco and Petroleum Products)
(Amendment) Regulations 1996

r. 2 S.R. No. 41/1996

2. Authorising provisions

These Regulations are made under sections 7AA,
7AD, 15(3), 19EA(2), and 22 of the Business

Franchise (Tobacco) Act 1974.

3. Principal Regulations

In these Regulations the 1Business Franchise
(Tobacco and Petroleum Products) Regulations

1992 are called the Principal Regulations.

4. Amendment of Regulation 2

In regulation 2 of the Principal Regulations—

(a)	in paragraph (a) after "merchants;" omit "and";
(b)	after paragraph (b), insert— "(c) other matters required or permitted to

be prescribed under those Acts.".

5. Amendment of Regulation 3

In regulation 3 of the Principal Regulations—

(a)	for "section" substitute "sections 7AA, 7AD, 9(1), 11B(1)(a), 15(3), 19BC(2), 19EA(2) and";
(b)	1974" insert "and section 7A(1) of the

after "Business Franchise (Tobacco) Act Act 1979".

6. New Regulation 5A inserted

After regulation 5 of the Principal Regulations,
insert—

"5A. Application Fees

The application fee for the purposes of—

Business Franchise (Tobacco and Petroleum Products)
(Amendment) Regulations 1996

S.R. No. 41/1996 r. 7

(a)	section 7AA(3)(c) of the Business Franchise (Tobacco) Act 1974 is $850;
(b)	section 7AA(4)(d) of the Business Franchise (Tobacco) Act 1974 is $850.".

7. New Regulation 14B inserted

After regulation 14A of the Principal Regulations insert—

'14B. Expenses for persons required to attend under section 15 of the Act

(1) The scale of expenses prescribed for persons

required to attend under section 15 of the as follows—

(a) for travelling expenses, if a person’s principal residence or principal place of business is—

(i)

more than 7 kilometres from the reasonably and actually paid; or

(ii)  not more than 7 kilometres from the place of attendance, payment at a rate of $1.00 per kilometre or part thereof;

(b)	for persons ordinarily receiving wages, salary, remuneration or fees, $56 per half day of attendance or part thereof, or the amount actually lost by reason of attendance, whichever is the lower, not exceeding $120 per day;
(c)	for persons who are engaged in business as principals on their own behalf, or who receive partnership

Business Franchise (Tobacco and Petroleum Products)
(Amendment) Regulations 1996

r. 8	S.R. No. 41/1996
income, $71 per half day of attendance or part thereof, but not exceeding $120 per day;

(d)	for expenses for legal or other representation at the attendance, $50;
(e)	for expenses for the presence of an interpreter at the attendance, $22 per hour of attendance or part thereof plus any travelling expenses allowed in respect of the interpreter under paragraph (a).

(2) In this regulation, "half day" means a

period not exceeding 4 hours in any day, whether that period is continuous or not.'.

8. New Regulation 18 inserted

After regulation 17 of the Principal Regulations,
insert—

"18. Prescribed classes of person under the Act

(1) The following classes of persons are

prescribed for the purposes of section
19EA(2) of the Business Franchise

(Tobacco) Act 1974—

(a) wholesale or group wholesale tobacco
merchant's licence, transporting, storing
or otherwise handling tobacco or

any person employed by the holder of a employment;

(b)

any person transporting, storing or cigarettes in the course of performing services under a contract for services for the holder of a wholesale or group wholesale tobacco merchant's licence.".

Business Franchise (Tobacco and Petroleum Products)
(Amendment) Regulations 1996

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9. Amendment of Forms in Schedule 2

In Schedule 2 to the Principal Regulations—

(a) In Form 1, after "The date that the applicant *commenced/will commence tobacco retailing is / 19

(INSERT DATE)" insert—

"If this is your first licence application for
the current year, please provide the
following details of the previous

owner/retailer (if known)

Name—Individual or	Licence
company	Number
Full name
Address	Postcode
Signature of Applicant	Date";
(b)	In Form 2, in item 3 of Part A, omit "(s)" wherever occurring;
(c)	In Form 2A, in item 3 of Part A, omit "(s)" wherever occurring;

(d) In Form 3A—

(i)  omit "being at least 2 clear subsequent months from the date of this application";

(ii)  in item 3 of Part D, after "Victoria" insert "is specified".

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Business Franchise (Tobacco and Petroleum Products)
(Amendment) Regulations 1996

S.R. No. 41/1996

NOTES

1 S.R. No. 132/1992 as amended by S.R. Nos 271/1992, 273/1993, 104/1994,

208/1994 and 102/1995.