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

i 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 ═══════════════ NOTES 6 -- 1 of 7 -- 1 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. -- 2 of 7 -- S.R. No. 41/1996 Business Franchise (Tobacco and Petroleum Products) (Amendment) Regulations 1996 2 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 1 Business 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) after "Business Franchise (Tobacco) Act 1974" insert "and section 7A(1) of the Business Franchise (Petroleum Products) 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— r. 2 -- 3 of 7 -- S.R. No. 41/1996 Business Franchise (Tobacco and Petroleum Products) (Amendment) Regulations 1996 3 (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 Business Franchise (Tobacco) Act 1974 is 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 place of attendance, the sum 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 r. 7 -- 4 of 7 -- S.R. No. 41/1996 Business Franchise (Tobacco and Petroleum Products) (Amendment) Regulations 1996 4 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) any person employed by the holder of a wholesale or group wholesale tobacco merchant's licence, transporting, storing or otherwise handling tobacco or cigarettes in the course of their employment; (b) any person transporting, storing or otherwise handling tobacco 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.". r. 8 -- 5 of 7 -- S.R. No. 41/1996 Business Franchise (Tobacco and Petroleum Products) (Amendment) Regulations 1996 5 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 company Licence 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". ═══════════════ r. 9 -- 6 of 7 -- S.R. No. 41/1996 Business Franchise (Tobacco and Petroleum Products) (Amendment) Regulations 1996 6 NOTES 1 S.R. No. 132/1992 as amended by S.R. Nos 271/1992, 273/1993, 104/1994, 208/1994 and 102/1995. -- 7 of 7 --