Tobacco Charges Assessment Act 1955 (REPEALED)

Part VII - Miscellaneous  

SECTION 40 (Repealed by 101 of 2006)   Public officer of company  

(1)    
A company which carries on business as a grower, broker or manufacturer shall at all times be represented for the purposes of this Act by a public officer duly appointed by the company or by its duly authorized agent or attorney.

(1A)    
A person is not capable of being a public officer of a company unless the person:

(a) is a natural person who has attained the age of 18 years;

(b) is ordinarily resident in Australia; and

(c) is capable of understanding the nature of the person's appointment as the public officer of the company.

(2)    
The company shall appoint a public officer within 3 months after the commencement of this Act or after the company commences to carry on business as a grower, broker or manufacturer, as the case may be, whichever is the later, and shall keep the office of the public officer constantly filled.

(2A)    
A company that contravenes subsection (2) is, in respect of each day on which it contravenes that subsection (including the day of a conviction of an offence against this subsection or any subsequent day), guilty of an offence punishable on conviction by a fine not exceeding $50.

(2B)    
An offence under subsection (2A) is an offence of strict liability.

Note:

(3)    
The appointment of a public officer shall be deemed not to be duly made until after notice in writing of the appointment, specifying the name of the officer and an address for service upon him, has been given to the Commissioner.

(4)    
Service of a document at the address for service, or on the public officer of the company, is sufficient service upon the company for all the purposes of this Act or the regulations, and if at any time there is no public officer then service upon any person acting or appearing to act in the business of the company is sufficient.

(5)    
The public officer is answerable for the doing of all things which are required to be done by the company under this Act or the regulations, and in case of default is liable to the same penalties.

(6)    
Everything done by the public officer which he is required to do in his representative capacity shall be deemed to have been done by the company.

(7)    
The absence or non-appointment of a public officer does not excuse the company from the necessity of complying with any of the provisions of this Act or the regulations, or from a penalty for refusal or failure to comply with such a provision, but the company is liable to comply with the provisions of this Act as if there were no requirement to appoint a public officer.

(8)    
A notice given to, or requisition made upon, the public officer shall be deemed to be given to or made upon the company.

(9)    
Proceedings under this Act taken against the public officer shall be deemed to have been taken against the company, and the company is liable jointly with the public officer for any penalty imposed upon him.

(10)    
Notwithstanding anything contained in this section, and without in any way limiting, altering or transferring the liability of the public officer of a company, every notice, process or proceeding which under this Act or the regulations may be given to, served upon or taken against the company or its public officer may, if the Commissioner thinks fit, be given to, served upon or taken against any director, secretary or other officer of the company, or any attorney or agent of the company, and that director, secretary, officer, attorney or agent has the same liability in respect of that notice, process or proceeding as the company or public officer would have had if it had been given to, served upon or taken against the company or public officer.

(11)    
A reference in this section (other than in subsection (2)) to this Act or the regulations includes a reference to Part III of the Taxation Administration Act 1953 to the extent to which that Part of that Act relates to this Act or the regulations.