43Regulations

43 Regulations

(1) The Governor in Council may make regulations for or with respect to—

S. 43(1)(a) repealed by No. 66/2013 s. 12(1), new s. 43(1)(a) inserted by No. 51/2024 s. 30(1).

(a) prescribing fees for licences; and

S. 43(1)(aa) inserted by No. 83/1993 s. 5,
repealed by No. 66/2013 s. 12(1).

S. 43(1)(b) repealed by No. 66/2013 s. 12(1), new s. 43(1)(b) inserted by No. 51/2024 s. 30(1).

(b) prescribing conditions to which licences are subject including, without limitation, conditions—

(i) requiring the licensee to keep records and provide data to the regulator relating to sales of tobacco products under the licence; and

(ii) requiring the licensee and employees of the licensee to undertake training; and

(iii) relating to the sale of tobacco products under the licence; and

S. 43(1)(ba) inserted by No. 51/2024 s. 30(1).

(ba) prescribing information required to be provided in applications for the grant, variation, transfer, relocation or renewal of licences; and

S. 43(1)(bb) inserted by No. 51/2024 s. 30(1).

(bb) for the purposes of section 38, prescribing—

(i) infringement offences; and

(ii) infringement penalties for contravention of an infringement offence not exceeding 20 penalty units in the case of a natural person or 100 penalty units in the case of a body corporate; and

(c) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may apply, adopt or incorporate (with or without modification) any matter contained in an Act of the Commonwealth or in an instrument made under such an Act as in force from time to time.

S. 43(2A) inserted by No. 51/2024 s. 30(2).

(2A) Without limiting subsection (1) or (2), regulations with respect to fees—

(a) may provide for different fees for different categories of licence; and

(b) may provide for different fees for licences that have different conditions; and

(c) may provide for different fees depending on the geographical location of the licensed tobacco premises; and

(d) may provide for fees to be prorated; and

(e) may provide for the Regulator to waive or refund fees in whole or part.

S. 43(3) substituted by No. 43/2000 s. 22(4).