Tobacco and Other Smoking Products Act 1998
sec.18Requirements for application
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sec.18 Requirements for application
An application for a retail or wholesale licence must— be made in the approved form; and if the applicant is a corporation—include sufficient information to identify the directors of the corporation; and if the applicant is an entity that holds an ABN—state the ABN; and be accompanied by the proof of identification required by the approved form; and if the application relates to a retail or wholesale outlet— identify the location of the outlet; and be accompanied by sufficient evidence to demonstrate the applicant’s entitlement to occupy the outlet, including, for example, as an owner or lessee of the outlet; and if the applicant leases, or holds an entitlement to occupy, the outlet from another person (the lessor )—state the name, address and contact details of the lessor; and if the application relates to an online shop—state the website address of the online shop; and if the application relates to the sale of smoking products at liquor licensed premises—be accompanied by a copy of the liquor licence for the premises; and be accompanied by sufficient information to identify all licences to supply a smoking product by retail or wholesale, if any, held by the applicant under a law of the Commonwealth or another State; and be accompanied by the fee, if any, prescribed by regulation. The application must be made for either a retail or wholesale licence. Two separate applications are required if a person intends to apply for a retail licence and a wholesale licence. Also, if the application relates to the sale of smoking products at liquor licensed premises, the application must be for a retail licence (liquor). If the application is made by a partnership, the application must— nominate either of the following for the partnership— the firm-name; the Australian registered body number; and include identifying information for each partner; and identify any limited partners. In this section— Australian registered body number means the number given by ASIC to a registrable body on registration under the Corporations Act , part 5B .2. firm-name see the Partnership Act 1891 , schedule . limited partner see the Partnership Act 1891 , schedule . registrable body see the Corporations Act , section 9 . s 18 ins 2023 No. 16 s 7 amd 2025 No. 27 s 5 (sec.18-ssec.1) An application for a retail or wholesale licence must— be made in the approved form; and if the applicant is a corporation—include sufficient information to identify the directors of the corporation; and if the applicant is an entity that holds an ABN—state the ABN; and be accompanied by the proof of identification required by the approved form; and if the application relates to a retail or wholesale outlet— identify the location of the outlet; and be accompanied by sufficient evidence to demonstrate the applicant’s entitlement to occupy the outlet, including, for example, as an owner or lessee of the outlet; and if the applicant leases, or holds an entitlement to occupy, the outlet from another person (the lessor )—state the name, address and contact details of the lessor; and if the application relates to an online shop—state the website address of the online shop; and if the application relates to the sale of smoking products at liquor licensed premises—be accompanied by a copy of the liquor licence for the premises; and be accompanied by sufficient information to identify all licences to supply a smoking product by retail or wholesale, if any, held by the applicant under a law of the Commonwealth or another State; and be accompanied by the fee, if any, prescribed by regulation. (sec.18-ssec.2) The application must be made for either a retail or wholesale licence. Two separate applications are required if a person intends to apply for a retail licence and a wholesale licence. (sec.18-ssec.3) Also, if the application relates to the sale of smoking products at liquor licensed premises, the application must be for a retail licence (liquor). (sec.18-ssec.4) If the application is made by a partnership, the application must— nominate either of the following for the partnership— the firm-name; the Australian registered body number; and include identifying information for each partner; and identify any limited partners. (sec.18-ssec.5) In this section— Australian registered body number means the number given by ASIC to a registrable body on registration under the Corporations Act , part 5B .2. firm-name see the Partnership Act 1891 , schedule . limited partner see the Partnership Act 1891 , schedule . registrable body see the Corporations Act , section 9 .