PART IV
-
MANUFACTURER, STORAGE, PRODUCER AND DEALER LICENCES
CCH NOTE:
No 74 of 2006, s 3 and Sch 1 item 102 contains the following additional provision:
(5)
Existing licences to end on 31 March 2007
A licence in force under Part IV of the
Excise Act 1901
immediately before 1 July 2006 ceases to be in force at the end of 30 September 2006 (unless cancelled earlier).
History
Part IV inserted by No 115 of 2000, s 3 and Sch 1 item 26 and 27, effective 7 September 2000. Act No 115 of 2000, Sch 2, contains the following transitional provisions:
Definitions
1
In this Schedule:
new Act
means the
Excise Act 1901
as amended by this Act.
old Act
means the
Excise Act 1901
as in force immediately before the commencement of this Act.
Registered producers
4(1)
A person who is registered as a producer under Part III of the old Act immediately before the commencement of this item is taken, with respect from that time, to be the holder of a producer licence granted at that time under Part IV of the new Act.
4(2)
The premises in respect of which the person was registered is taken, with respect from that time, to be the premises specified in the producer licence.
Registered dealers
5(1)
A person who is registered as a dealer under Part III of the old Act
immediately before the commencement of this item is taken, with respect from that time, to be the holder of a dealer licence granted at that time under Part IV of the new Act.
5(2)
The premises in respect of which the person was registered is taken, with respect from that time, to be the premises specified in the dealer licence.
Permissions under section 29
6
A permission granted under section 29 of the old Act
that is in force immediately before the commencement of this item is taken, with respect from that time, to be a permission granted under:
(a)
if the permission is in relation to a producer
-
section 30 of the new Act; and
(b)
if the permission is in relation to a dealer
-
section 35 of the new Act.
Regulations under section 33
7
Regulations made under section 33 of the old Act
that are in force immediately before the commencement of this item are taken, with respect from that time, to have been made under:
(a)
to the extent that the regulations are in relation to a producer
-
section 32 of the new Act; and
(b)
to the extent that the regulations are in relation to a dealer
-
section 37 of the new Act.
Securities under section 39
8
A security given under section 39 of the old Act that is in force immediately before the commencement of this item is taken, with respect from that time, to have been given at that time under section 16 of the new Act.
Manufacturing licences
9(1)
If:
(a)
an application for a licence was made under section 37 of the old Act; and
(b)
immediately before the commencement of this item, the Collector had not made a decision whether to grant or refuse the licence;
the application is taken, with respect from that time, to be an application for a manufacturing licence made at that time under section 39 of the new Act.
9(2)
A manufacturing licence granted under Part IV of the old Act
that is in force immediately before the commencement of this item is taken, with respect from that time, to be a manufacturer licence granted at that time under Part IV of the new Act.
9(3)
The premises in respect of which the person was licensed is taken, with respect from that time, to be the premises specified in the manufacturer licence.
Information given under the regulations
10
If:
(a)
regulations made under section 4 of this Act require a person, being a person who is the holder of a manufacturer licence, storage licence, producer licence or dealer licence under Part IV of the new Act because of this Schedule, to provide information of the kind relevant to that Part; and
(b)
the person provides that information;
the information is taken to be information provided by the person in an application under section 39 of the new Act.
For wording of former Part IV see note under Part III heading.
Division 2
-
The granting of licences
History
Div 2 inserted by No 115 of 2000, s 3 and Sch 1 item 27, effective 7 September 2000.
SECTION 39C
39C
DETERMINING WHETHER A COMPANY IS FIT AND PROPER
The Collector may, in considering whether a company is a fit and proper company, have regard to:
(a)
whether, within one year before the application was made, the company has been charged with:
(i)
an offence against a provision of the Excise Acts; or
(ii)
an offence against a law of the Commonwealth, a State or a Territory that is punishable by a fine of 50 penalty units or more; and
(b)
whether, within 10 years before the application was made, the company was convicted of:
(i)
an offence against a provision of the Excise Acts; or
(ii)
an offence against a law of the Commonwealth, a State or a Territory that is punishable by a fine of 50 penalty units or more; and
(ba)
the extent of the company's compliance, within 4 years before the application was made, with any law administered by the CEO; and
(c)
whether the company has held a licence that has been cancelled; and
(caa)
whether the company held a licence that has been varied to no longer cover one or more premises; and
(ca)
the company's financial resosurces; and
(d)
whether a receiver of the property, or part of the property, of the company has been appointed; and
(e)
whether the company is under administration within the meaning of the
Corporations Act 2001
; and
(f)
whether the company has executed under Part
5.3A
of that Act a deed of company arrangement that has not yet terminated; and
(fa)
whether the company is under restructuring within the meaning of that Act; and
(fb)
whether the company has made, under Division
3
of Part
5.3B
of that Act, a restructuring plan that has not yet terminated; and
(g)
(Repealed by No 8 of 2007)
(h)
whether the company is being wound up.
History
S 39C amended by No 51 of 2024, s 3 and Sch 1 item 95, by inserting para (caa), effective 1 July 2024. For application provisions, see note under s
38
.
S 39C amended by No 127 of 2021, s 3 and Sch 2 items 47 and 48, by substituting
"
Act
"
for
"
Law
"
in para (f) and inserting para (fa) and (fb), effective 8 December 2021.
S 39C amended by No 8 of 2007, s 3 and Sch 4 item 13, by repealing para (g), effective 15 March 2007. Para (g) formerly read:
(g)
whether the company has been placed under official management; and
S 39C amended by No 74 of 2006, s 3 and Sch 1 items 34 to 36, by substituting
"
the application was made
"
for
"
making the application
"
in paras (a) and (b), inserting para (ba) and inserting para (ca), applicable in relation to applications made after 1 July 2006.
S 39C(e) amended by No 55 of 2001, s 3 and Sch 3 item 176, by substituting
"
Corporations Act 2001
"
for
"
Corporations Law
"
, effecvtive 15 July 2001.
S 39C inserted by No 115 of 2000, s 3 and Sch 1 item 27, effective 7 September 2000.
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