AustLII Tasmanian Numbered Acts

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BUSINESS FRANCHISE FEE ABOLITION ACT 1999 (NO. 75 OF 1999) - SECT 15

Part 4, Division 3 inserted

After section 74 of the Principal Act , the following Division is inserted in Part 4:
Division 3 - Tobacco seller's licence

74A.     Application for tobacco seller's licence

(1)  A person proposing to sell tobacco or a tobacco product may apply to the Director for a tobacco seller's licence.
(2)  An application is to be –
(a) in a form approved by the Director; and
(b) accompanied by the prescribed fee.

74B.     Issue of licence

On receipt of an application in accordance with section 74A , the Director is to issue a tobacco seller's licence to the applicant.

74C.     Form of licence

A tobacco seller's licence is to contain the following details:
(a) the name and address of the holder of the licence;
(b) the date of issue of the licence;
(c) the address or addresses of the premises to which the licence relates;
(d) the date on which the licence expires.

74D.     Expiry of licence

A tobacco seller's licence expires on 31 March in the year following the year in which it is issued.

74E.     Register of tobacco seller's licences

(1)  The Director is to keep a register of tobacco seller's licences.
(2)  The register is to contain the following details:
(a) the name and address of the holder of the licence;
(b) the date of issue of the licence;
(c) the address or addresses of the premises to which the licence relates.
(3)  The register is to be made available for inspection during normal business hours on the request of any person.

74F.     Notification of change in licence

(1)  If the holder of a tobacco seller's licence –
(a) ceases to carry on the business of selling tobacco or tobacco products; or
(b) ceases to carry on that business on the premises, or any of the premises, specified in the licence; or
(c) acquires additional premises on which to carry on that business –
he or she must, by notice in writing within 60 days after the cessation or acquisition, notify the Director of that cessation or acquisition.
Penalty:  Fine not exceeding 1 penalty unit.
(2)  If the holder of a licence ceases to carry on the business of selling tobacco or tobacco products, he or she must forward the licence to the Director.
Penalty:  Fine not exceeding 1 penalty unit.
(3)  On receipt of a licence forwarded under subsection (2) , the Director is to cancel the licence.
(4)  If the holder of a tobacco seller's licence ceases to carry on the business of selling tobacco or tobacco products on any of the premises specified in the licence, or acquires additional premises on which to carry on that business, the Director is to –
(a) issue an amended tobacco seller's licence stating that cessation or acquisition; and
(b) forward the amended licence to the holder.
(5)  No fee is payable for an amended licence.

74G.     Offences in respect of tobacco seller's licences

(1)  A person must not sell tobacco or a tobacco product unless he or she is the holder of a tobacco seller's licence or is acting on behalf of the holder of such a licence.
Penalty:  Fine not exceeding 5 penalty units.
(2)  A person who is the holder of a tobacco seller's licence or who is acting on behalf of the holder of such a licence must not sell tobacco or a tobacco product from any premises other than those specified in the licence.
Penalty:  Fine not exceeding 1 penalty unit.
(3)  The holder of a tobacco seller's licence must clearly display the licence, or a reasonable copy of the licence –
(a) on all premises at which the holder of the licence sells tobacco or a tobacco product; and
(b) at a point adjacent to where the tobacco or tobacco product is displayed for sale.
Penalty:  Fine not exceeding 1 penalty unit.

74H.     Transitional provision

A licence issued under the Tobacco Business Franchise Licences Act 1980 and in force immediately before the commencement of the Business Franchise Fee Abolition Act 1999 continues to have effect as if it were a tobacco seller's licence and remains in force until 31 March 2000.


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