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

Business Franchise (Tobacco and Petroleum

Products) (Further Amendment) Regulations 1996

S.R. No. 106/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Reference to Forms	1
4.	Amendment of Form 1	2
5.	Amendment of Form 2	2
6.	Amendment of Form 2A	6
7.	Amendment of Form 3	10
8.	Amendment of Form 3A	14

═══════════════

NOTES 19

i

STATUTORY RULES 1996

S.R. No. 106/1996

Business Franchise (Tobacco) Act 1974

Business Franchise (Tobacco and Petroleum

Products) (Further Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 8 October 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 minor amendments to Forms 1, 2, 2A, 3 and 3A in Schedule 2 to the Business Franchise (Tobacco and Petroleum Products) Regulations 1992 as a result of amendments to the Business Franchise (Tobacco) Act 1974.

2. Authorising provisions

These Regulations are made under sections 7, 7AA, 7AD and 22 of the Business Franchise (Tobacco) Act 1974.

3. Reference to Forms

In these Regulations a reference to a form by a particular number is a reference to the form of that number in Schedule 2 to the Business

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

r. 4 S.R. No. 106/1996

Franchise (Tobacco and Petroleum Products)

Regulations 19921.

4. Amendment of Form 1

In Form 1

(a)	omit "PAGE 2 MUST BE COMPLETED BY ALL APPLICANTS";
(b)	after "*DELETE WHICHEVER IS NOT

APPLICABLE" insert

"STATEMENT 3 (MUST BE COMPLETED BY
ALL APPLICANTS)

Have you been convicted of an offence against the Business Franchise (Tobacco) Act 1974 in the 5 years preceding the date of this application?

‰ No

‰ Yes

If yes, please provide details. Business Franchise (Tobacco) Act 1974 (other than a licence revocable at will) revoked in the 5 years preceding the date of this application?

‰ No

‰ Yes

If yes, please provide details of type of licence revoked and date of revocation.".

5. Amendment of Form 2

(1) In Form 2

(a) for "*ACN No" substitute "*ACN";

(b) in Part A, in item 3, for "marriages" substitute "marriage".

(2) In Form 2, in Part B

(a) after "corporation." (where secondly

occurring) insert

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

S.R. No. 106/1996 r. 5

'Questions 2A, 2B, 2C, 5(d) and 5(f) must be
completed by corporations which are not publicly
listed. "Major shareholder" is defined in the Act to
mean a person who holds a beneficial interest in the
corporation greater than 10% of the total beneficial

interests.';

(b)	in item 2, for "marriages" substitute "marriage";
(c)	after item 2 insert

"2A. Details of each company secretary

Name

Residential addresses

Telephone numbers (including mobiles)

Place and date of birth

Aliases and name changes

Names of spouse and/or de facto spouse (if any)

Place and date of marriage (if any)

Please provide any 2 of the following for each company secretary named above:

Drivers licence no.

Current passport no.

Current photograph (taken within last 6 months)

Certified copy of full birth certificate Certified copy of marriage certificate

2B. Details of each major shareholder (where such

shareholders are individuals)
Name
Residential addresses
Telephone numbers (including mobiles)
Place and date of birth
Aliases and name changes

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

r. 5	S.	R. No. 106/1996
Names of spouse and/or de facto spouse (if any)
Place and date of marriage (if any) Share certificate no. Percentage of share capital beneficially held
Please provide any 2 of the following for each major shareholder named above:
Drivers licence no.
Current passport no.
Current photograph (taken within last 6 months)
Certified copy of full birth certificate Certified copy of marriage certificate

2C. Details of each major shareholder (where such

shareholders are corporations)
Name
ACN
Registered address
Telephone numbers (including mobiles)
Share certificate no.
Percentage of share capital beneficially held
Place and date of incorporation

Please provide the following for each major shareholder named above:

Certificate of incorporation

Articles of association

A list of all directors and associates of that corporation, including their names, addresses and telephone numbers";

(d) for item 5 substitute

"5. Convictions

(a) In the last 5 years, has the applicant corporation been convicted of an offence under a State Taxation Act

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

S.R. No. 106/1996 r. 5

(within the meaning of the Act) or a
corresponding law (within the meaning
of the Act) punishable by a fine of $1000

or more? [See s.7AB(1)(d) of the Act.]

YES/NO*

(b) In the last 5 years, has the applicant corporation been convicted of an offence under the law of Victoria, the Commonwealth or any other State or Territory punishable by a fine of $5000 or more? [See s.7AB(4)(a) of the Act.]

YES/NO*

(c) In the last 5 years, have any of the directors of the applicant corporation been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AB(1)(d) of the Act.]

YES/NO*

(d)	In the last 5 years, have any of the company secretaries and/or major shareholders of the applicant corporation
been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AB(1)(d) of the Act.]

YES/NO*

(e) In the last 5 years, have any of the directors of the applicant corporation been convicted of an offence under the law of Victoria, the Commonwealth or any other State or Territory punishable by a fine of $5000 or more? [See s.7AB(4)(b) of the Act.]

YES/NO*

(f) In the last 5 years, have any of the company secretaries and/or major

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

r. 6 S.R. No. 106/1996

shareholders of the applicant corporation
been convicted of an offence under the
law of Victoria, the Commonwealth or
any other State or Territory punishable
by a fine of $5000 or more? [See

s.7AB(4)(b) of the Act.]

YES/NO*

Please state which (if any) directors,
company secretaries and/or major

shareholders have been so convicted.".

6. Amendment of Form 2A

(1) In Form 2A

(a) for "*ACN No" substitute "*ACN";

(b) in Part A, in item 3, for "marriages" substitute "marriage".

(2) In Form 2A, in Part B

(a) after "corporation." (where secondly

occurring) insert

'Questions 2A, 2B, 2C, 4(d) and 4(f) must be completed by corporations which are not publicly listed. "Major shareholder" is defined in the Act to mean a person who holds a beneficial interest in the corporation greater than 10% of the total beneficial interests.';
(b)	in item 2, for "marriages" substitute "marriage";
(c)	after item 2 insert

"2A. Details of each company secretary of group members. Please specify in columns 3, 4, 6 and 7 of the Table

Name
Residential addresses
Telephone numbers (including mobiles)
Place and date of birth
Aliases and name changes

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

r. 6

S. R. No. 106/1996

Names of spouse and/or de facto spouse (if any)

Place and date of marriage (if any)

Please provide any 2 of the following for each company secretary named above, and specify which are provided in columns 6 and 7 of the Table:

Drivers licence no.

Current passport no.

Current photograph (taken within last 6 months)

Certified copy of full birth certificate Certified copy of marriage certificate

2B. Details of each major shareholder of group

members (where such shareholders are
individuals). Please specify in columns 3, 4, 6
and 7 of the Table

Name

Residential addresses

Telephone numbers (including mobiles)

Place and date of birth

Aliases and name changes

Names of spouse and/or de facto spouse (if any)

Place and date of marriage (if any)
Share certificate no.
Percentage of share capital beneficially held

Please provide any 2 of the following for each major shareholder named above, and specify which are provided in columns 6 and 7 of the Table:

Drivers licence no.

Current passport no.

Current photograph (taken within last 6 months)

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

r. 6	S.	R. No. 106/1996
Certified copy of full birth certificate Certified copy of marriage certificate

2C. Details of each major shareholder of group

members (where such shareholders are
corporations). Please specify in columns 3, 4, 6
and 7 of the Table

Name ACN Registered address

Telephone numbers (including mobiles)
Share certificate no.
Percentage of share capital beneficially held
Place and date of incorporation

Please provide the following for each major shareholder named above:

Certificate of incorporation

Articles of association

A list of all directors and associates of that corporation, including their names, addresses and telephone numbers";

(d) for item 4 substitute

"4. Convictions

(a) In the last 5 years, has the applicant corporation, or any member of the group, been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AB(1)(d) of the Act.]

YES/NO*

(b) In the last 5 years, has the applicant corporation, or any member of the group, been convicted of an offence under the law of Victoria, the Commonwealth or any other State or Territory punishable

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

S.R. No. 106/1996 r. 6

by a fine of $5000 or more? [See

s.7AB(4)(a) of the Act.]

YES/NO*

(c) In the last 5 years, have any of the directors of the applicant corporation, or of any member of the group, been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AB(1)(d) of the Act.]

YES/NO*

(d) In the last 5 years, have any of the company secretaries and/or major shareholders of the applicant corporation,

or of any member of the group, been convicted of an offence under a State Taxation Act (within the meaning of the

Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AB(1)(d) of the Act.]

YES/NO*

(e) In the last 5 years, have any of the directors of the applicant corporation, or of any member of the group, been convicted of an offence under the law of Victoria, the Commonwealth or any other State or Territory punishable by a fine of $5000 or more? [See s.7AB(4)(b) of the Act.]

YES/NO*

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

r. 7 S.R. No. 106/1996

(f)	In the last 5 years, have any of the company secretaries and/or major shareholders of the applicant corporation,
convicted of an offence under the law of

or of any member of the group, been other State or Territory punishable by a fine of $5000 or more? [See s.7AB(4)(b) of the Act.]

YES/NO*

Please state which (if any) directors,
company secretaries and/or major

shareholders have been so convicted.".

(3) In Form 2A, in the Table

(a)	in columns 3, 4, 6 and 7, after "Directors" insert ", company secretaries and/or major shareholders";
(b)	in column 7, for "marriages" substitute "marriage".

7. Amendment of Form 3

(1) In Form 3 for "*ACN No" substitute "*ACN".

(2) In Form 3, in Part B

(a) after "corporation." (where secondly

occurring) insert

'Questions 2A, 2B, 3A, 3B, 3C and 4(c) must be completed by corporations which are not publicly listed. "Major shareholder" is defined in the Act to mean a person who holds a beneficial interest in the corporation greater than 10% of the total beneficial interests.';
(b)	after item 2 insert

"2A. Please provide the names and addresses of each

company secretary

2B. Please provide the names and addresses of each

major shareholder";
Business Franchise (Tobacco and Petroleum Products) (Further
Amendment) Regulations 1996

S.R. No. 106/1996 r. 7

(c) after item 3 insert

"3A. Details of any changes in company secretaries since the application for the current licence

Name

Residential addresses

Telephone numbers (including mobiles)

Place and date of birth

Aliases and name changes

Names of spouse and/or de facto spouse (if any)

Place and date of marriage (if any)

Please provide any 2 of the following for each company secretary named above:

Drivers licence no.

Current passport no.

Current photograph (taken within last 6 months)

Certified copy of full birth certificate Certified copy of marriage certificate

3B. Details of any changes in major shareholders

(where such shareholders are individuals) since
the application for the current licence

Name

Residential addresses

Telephone numbers (including mobiles)

Place and date of birth

Aliases and name changes

Names of spouse and/or de facto spouse (if any)

Place and date of marriage (if any)
Share certificate no.

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

r. 7	S.	R. No. 106/1996
Percentage of share capital beneficially held
Please provide any 2 of the following for each major shareholder named above:
Drivers licence no.
Current passport no.
Current photograph (taken within last 6 months)
Certified copy of full birth certificate Certified copy of marriage certificate

3C. Details of any changes in major shareholders

(where such shareholders are corporations) since the application for the current licence

Name ACN Registered address

Telephone numbers (including mobiles)
Share certificate no.
Percentage of share capital beneficially held
Place and date of incorporation

Please provide the following for each major shareholder named above:

Certificate of incorporation

Articles of association

A list of all directors and associates of that corporation, including their names, addresses and telephone numbers";

(d) for item 4 substitute

"4. Convictions

(a) In the last 5 years, has the applicant corporation been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding

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

S.R. No. 106/1996 r. 7

law (within the meaning of the Act)
punishable by a fine of $1000 or more?

[See s.7AE(1)(g) of the Act.]

YES/NO*

(b) In the last 5 years, have any of the directors of the applicant corporation been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AE(1)(h) of the Act.]

YES/NO*

(c)	In the last 5 years, have any of the company secretaries and/or major shareholders of the applicant corporation
been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AE(1)(h) of the Act.]

YES/NO*

Please state which (if any) directors,
company secretaries and/or major

shareholders have been so convicted.".

(3) In Form 3, in Part D, after item 3 insert

"3A.	The value of tobacco specified in item 3 was sold in the following States or Territories of Australia:
New South Wales $ South Australia $ Queensland $ ACT $ Tasmania $ Western Australia $ Northern Territory $".

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

r. 8 S.R. No. 106/1996

8. Amendment of Form 3A

(1) In Form 3A

(a) for "*ACN No" substitute "*ACN";

(b) in Part A, in item 2, for "marriages" substitute "marriage".

(2) In Form 3A, in Part B

(a) after "corporation." (where secondly

occurring) insert

'Questions 2A, 2B, 3A, 3B, 3C and 4(c) must be completed by corporations which are not publicly listed. "Major shareholder" is defined in the Act to mean a person who holds a beneficial interest in the corporation greater than 10% of the total beneficial interests.';
(b)	after item 2 insert

"2A. Please provide the names and addresses of each

company secretary

2B. Please provide the names and addresses of each

major shareholder";

(c) after item 3 insert

"3A. Details of any changes in company secretaries for each group member since the application for the current licence. Please specify in columns 3, 4, 6 and 7 of the Table

Name

Residential addresses

Telephone numbers (including mobiles)

Place and date of birth

Aliases and name changes

Names of spouse and/or de facto spouse (if any)

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

r. 8

S. R. No. 106/1996

Place and date of marriage (if any)

Please provide any 2 of the following for each company secretary named above and specify which is provided in columns 6 and 7 of the Table:

Drivers licence no.

Current passport no.

Current photograph (taken within last 6 months)

Certified copy of full birth certificate Certified copy of marriage certificate

3B. Details of any changes in major shareholders

for each group member (where such
shareholders are individuals) since the
application for the current licence. Please
specify in columns 3, 4, 6 and 7 of the Table

Name

Residential addresses

Telephone numbers (including mobiles)

Place and date of birth

Aliases and name changes

Names of spouse and/or de facto spouse (if any)

Place and date of marriage (if any)
Share certificate no.
Percentage of share capital beneficially held

Please provide any 2 of the following for each major shareholder named above and specify which is provided in columns 6 and 7 of the Table:

Drivers licence no.
Current passport no.

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

r. 8	S.	R. No. 106/1996
Current photograph (taken within last 6 months)
Certified copy of full birth certificate Certified copy of marriage certificate

3C. Details of any changes in major shareholders

for each group member (where such
shareholders are corporations) since the
application for the current licence. Please
specify in columns 3, 4, 6 and 7 of the Table

Name ACN Registered address

Telephone numbers (including mobiles)
Share certificate no.
Percentage of share capital beneficially held
Place and date of incorporation

Please provide the following for each major shareholder named above and specify which is provided in columns 6 and 7 of the Table:

Certificate of incorporation

Articles of association

A list of all directors and associates of that corporation, including their names, addresses and telephone numbers";

(d) for item 4 substitute

"4. Convictions

(a) In the last 5 years, has the applicant corporation, or any member of the group, been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AE(1)(g) of the Act.]

YES/NO*

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

S.R. No. 106/1996	r. 8
(b)	In the last 5 years, have any of the directors of the applicant corporation, or of any member of the group, been convicted of an offence under a State Taxation Act (within the meaning of the Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AE(1)(h) of the Act.]

YES/NO*

(c) In the last 5 years, have any of the company secretaries and/or major shareholders of the applicant corporation,

or of any member of the group, been convicted of an offence under a State Taxation Act (within the meaning of the

Act) or a corresponding law (within the meaning of the Act) punishable by a fine of $1000 or more? [See s.7AE(1)(h) of the Act.]

YES/NO*

Please state which (if any) directors,
company secretaries and/or major

shareholders have been so convicted.".

(3) In Form 3A 

(a) in Part D, after item 3 insert

"3A. The value of tobacco specified in item 3 was sold in the following States or Territories of Australia:

New South Wales $

South Australia $

Queensland $

ACT $

Tasmania $ Western Australia $ Northern Territory $".

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

r. 8 S.R. No. 106/1996

(b) in the Table, in columns 3, 4, 6 and 7, after "Directors" insert ", company secretaries and/or major shareholders".

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

S.R. No. 106/1996 Notes

NOTES

1 S.R. No. 132/1992. Reprinted to S.R. No. 41/1996.