Queensland Consolidated Acts Queensland Consolidated Acts(1) For the purposes of this Act, a person is a member of a group if—
(a) that person is 1 of the persons who constitute a group as prescribed; and
(b) there is not in force a determination under subsection (2) or (4) by the commissioner to the effect that such person is not a member of the group.
(2) The commissioner may determine in writing that a person—
(a) who would, but for the determination, be a member of a group for the purposes of this Act; and
(b) who in the commissioner's opinion—
(i) has continuously carried on and will continue to carry on the business of selling tobacco independently of the group; and
(ii) is not subject to control by any other member of the group;
is not a member of the group.
(3) The commissioner shall not make a determination under subsection (2) so as to exclude a person from a group if that person is or was on the date of the determination a corporation that, by reason of the Companies (Queensland) Code, section 7(5), is to be deemed for the purposes of that Code to be related to another corporation that is a member of that group.
(4) The commissioner may determine in writing that a person who would, but for the determination, be a member of a group for the purposes of this Act is not a member of any group for the purposes of this Act, if the commissioner is satisfied that the person is not carrying on and has no intention of carrying on the business of selling tobacco.
(5) A determination made under subsection (2) or (4) shall come into force at the time when it is made and shall continue in force until it is revoked by the commissioner and notice of the revocation has been served on the person in respect of whom the determination was made.
(6) Notice of a determination under subsection (2) or (4) shall be given by the commissioner to the person in respect of whom the determination is made and to every member of the group concerned who the commissioner considers to be carrying on tobacco wholesaling or tobacco retailing.
(7) The commissioner may at any time revoke a determination made under subsection (2) or (4).
(8) Notice of the revocation of a determination made under subsection (2) or (4) shall be given by the commissioner to the person in respect of whom the determination was made and to every member of the group who the commissioner considers to be carrying on tobacco wholesaling or tobacco retailing.