Tobacco Products (Licensing) Act Amendment Act 1990 (Qld)

1715 ' C T - 3A CCO ' ( LICEN ZI NG) ACT ,-, PIENDMENT ACT ANAL YSIS OF CONTENTS 1. Short title 2. Principal Act and amended citation 3. Amendment of s. 20. Applications for licences 4. Amendment of s. 23. Renewal of licences 5. Repeal of s. 29. Transfers 6. Amendment of s. 31. Objections ueeuslau A NN O TRICESIMO NONO ELIZA T AE SE C UN D AE R EGINAE No. 102 of 1990 An Act to amend the Tobacco Products ( Licensing ) Act 1988 in certain particulars [ASSENTED TO 12TH DECEMBER, 1990]

1716 Tobacco Products (Licensing) Act Amendment Act 1990, No. 102 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Tobacco Products (Licensing) Act Amendment Act 1990. 2. Principal Act and amended citation . (1) In this Act the TobaccoProducts (Licensing) Act 1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Tobacco Products (Licensing) Act 1988-1990. 3. Amendment of s. 20. Applications for licences . Section 20 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:- "(2) Upon receiving an application under subsection (1), the Commissioner may, subject to this Act- (a) issue a licence; or (b) refuse to issue a licence; to the applicant. (2A) The Commissioner may require an applicant for a licence to provide such further information in relation to the application as the Commissioner considers appropriate. (2B) Where a natural person applies for the issue of a licence, the Commissioner- (a) where the application is made in accordance with this Act and, in the opinion of the Commissioner, the applicant- (i) is a fit and proper person to hold a licence; (ii) will not conduct the business of selling tobacco on behalf of any person other than another licensee; (iii) has adequate knowledge and experience to undertake the business of selling tobacco in an efficient, honest and fair manner; is to issue the licence; (b) in any other case-is to refuse to issue the licence. (2C) Where a corporation applies for the issue of a licence, the Commissioner- (a) where the application is made in accordance with this Act and, in the opinion of the Commissioner, each director or officer (by whatever name called) concerned in the management of the applicant- (i) is a fit and proper person to conduct, on behalf of the applicant, the business of selling tobacco;

Tobacco Products (Licensing) Act Amendment Act 1990, 1717 No. 102 (ii) has adequate knowledge and experience to undertake in an efficient, honest and fair manner, on behalf of the applicant, the business of selling tobacco; is to issue the licence; (b) in any other case-is to refuse to issue the licence. (2D) In determining whether an applicant is a fit and proper person to hold a licence, the Commissioner is to consider amongst other things whether or not the applicant (where the applicant is a natural person) or each director or officer (by whatever name called) concerned in the management of the applicant (where the applicant is a corporation), as the case may be- (a) is an undischarged bankrupt or is taking advantage of the laws relating to bankruptcy; (b) has made any false or misleading statement in the application and whether that person knew when the statement was made that it was false or misleading in a material particular; (c) has omitted to disclose or has not fully disclosed information that is relevant to the application; (d) has been convicted in Queensland of an indictable offence (whether on indictment or by summary proceeding) or elsewhere than in Queensland in respect of an act or omission that if it occurred in Queensland would have constituted an indictable offence; (e) has been convicted in Queensland of an offence against this Act or has been convicted in another State or Territory of the Commonwealth of an offence against a law of that State or Territory that corresponds to this Act.". 4. Amendment of s. 23. Renewal of licences. Section 23 of the Principal Act is amended by inserting after subsection (4) the following subsection:- "(4A) Subsections (2), (2A), (2B), (2C) and (2D) of section 20 apply to applications for the renewal of licences as if those applications were applications for licences in the first instance.". 5. Repeal of s. 29. Transfers. The Principal Act is amended by repealing section 29. 6. Amendment of s. 31. Objections. Section 31 of the Principal Act is amended- (a) by omitting from subsection (1) the words "20, 23 or 29," and substituting the words "20 or 23,"; (b) by omitting from subsection (3) the words "20, 23 or 29," and substituting the words "20 or 23,".