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

i 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 -- 1 of 20 -- 1 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 -- 2 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 2 Franchise (Tobacco and Petroleum Products) Regulations 1992 1 . 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. Have you ever had any licence issued under the 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 r. 4 -- 3 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 3 '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 r. 5 -- 4 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 4 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 r. 5 -- 5 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 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 r. 5 -- 6 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 6 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 r. 6 -- 7 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 7 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) r. 6 -- 8 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 8 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 r. 6 -- 9 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 9 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* r. 6 -- 10 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 10 (f) 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 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.". (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"; r. 7 -- 11 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 11 (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. r. 7 -- 12 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 12 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 r. 7 -- 13 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 13 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 $". r. 7 -- 14 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 14 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) r. 8 -- 15 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 15 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. r. 8 -- 16 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 16 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* r. 8 -- 17 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 17 (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 $". r. 8 -- 18 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 18 (b) in the Table, in columns 3, 4, 6 and 7, after "Directors" insert ", company secretaries and/or major shareholders". ═══════════════ r. 8 -- 19 of 20 -- S.R. No. 106/1996 Business Franchise (Tobacco and Petroleum Products) (Further Amendment) Regulations 1996 19 NOTES 1 S.R. No. 132/1992. Reprinted to S.R. No. 41/1996. Notes -- 20 of 20 --