Queensland Consolidated Acts Queensland Consolidated Acts(1) In this Act—
approved form see section 53A.
commissioner means the person holding the office of commissioner of tobacco products licensing under this Act.
corporation means any body corporate, whether formed or incorporated within or outside the State.
group licence means a group tobacco wholesaler's licence or a group retail tobacconist's licence.
licence means a licence issued or renewed under this Act.
licensed premises means premises specified in a licence as premises that are to be used for or in connection with the business carried on under the licence.
licensee means the holder of a licence.
person includes a corporation, a company, a body or association whether corporate or unincorporate, and a partnership.
premises includes a part of any premises.
relevant month means, in relation to a licence that would commence on the first day of a month specified in schedule 1, column 1, the month last occurring before that day and specified in schedule 1, column 2 opposite that month.
tobacco means tobacco prepared for consumption and includes any mixture that contains tobacco and is intended to be consumed.
tobacco retailing means the business of selling tobacco by retail either alone or in conjunction with any other merchandise and includes such business carried on as part of or in conjunction with any other business.
tobacco wholesaling means the business of selling tobacco for the purpose of resale either alone or in conjunction with any other merchandise and includes such business carried on as part of or in conjunction with any other business.
vending machine means any machine, device, or contrivance that is constructed to contain articles that may be obtained therefrom by an operation that involves the insertion of money, credit cards, debit cards or tokens.
voting share has the meaning ascribed to that expression by the Companies (Queensland) Code, section 5(1).
(2) A reference in this Act to premises shall be read and construed as including reference to any building or structure, including a building or structure that is of a temporary nature or that is capable of being moved or transported, and to any vehicle, vessel or aircraft.
(3) The presence on any premises of a vending machine from which tobacco may be obtained by an operation that involves the insertion of money, credit cards, debit cards or tokens shall be deemed to constitute the carrying on on those premises by the occupier thereof of tobacco retailing unless the machine is owned and operated by a licensee in accordance with his or her licence.
(4) For the purposes of this Act, a person—
(a) sells tobacco; or
(b) carries on tobacco wholesaling; or
(c) carries on tobacco retailing;
if another person does so as the person's employee.
(5) Subsection (4) does not affect the liability of an employee for an offence defined in section 15(1) or 16(1) or (2).
(6) For the purposes of this Act, a person sells tobacco if the person effects a sale as agent of another person.
(7) Subsection (6) does not affect the liability of the agent's principal for an offence against section 15(1).
(8) For the purposes of this Act, a person—
(a) sells tobacco; or
(b) carries on tobacco wholesaling; or
(c) carries on tobacco retailing;
if another person does so as the person's agent, unless the firstmentioned person proves that the agent acted beyond the agent's authority and that the person did not directly or indirectly ratify, approve of, or benefit from, the acts of the agent.
(9) For the purposes of this Act—
(a) a person who, in relation to tobacco wholesaling, acts as an agent of a person who carries on tobacco wholesaling also carries on tobacco wholesaling; and
(b) a person who, in relation to tobacco retailing, acts as an agent of a person who carries on tobacco retailing also carries on tobacco retailing.
(10) The authority of a licence—
(a) extends to a sale by an agent or employee on behalf of the licensee; and
(b) in the case of a tobacco wholesaler's licence—a retail tobacconist's licence, or a group licence, extends to an agent who carries on tobacco wholesaling or tobacco retailing as mentioned in subsection (9).
(11) A reference in this Act to tobacco includes a reference to any wrapping, package or container in which the tobacco is sold, purchased, received or handled.
(12) A reference in this Act to a holder of a group licence includes a reference to each person whose name is, under section 20(3), specified in a group licence.
(13) A reference in this Act to the issue of a licence includes a reference to the renewal of a licence.
(14) A reference in this Act to the sale of tobacco is a reference to the sale of tobacco in Queensland.
(15) If, pursuant to a sale made outside Queensland, tobacco is delivered within or from Queensland, the sale shall, for the purposes of this Act, be treated as having been made in Queensland.