Document ID: chunk:federal_register_of_legislation:C2004A00707:clause:1_39d:p1
Version: federal_register_of_legislation:C2004A00707
Segment Type: clause
Provision Reference: sch 1 cl 39D (pt 1/2)
Character Range: 25256–27945

39D  Conditions of licence

 (1) A licence is subject to the condition that the licence holder must, within 30 days after one of the following matters occurs, give the Collector particulars in writing of the matter:
 (a) one of the following persons is charged with an offence of the kind referred to in paragraph 39B(a):
 (i) the licence holder;
 (ii) where the licence holder is a partnership—a partner;
 (iii) where the licence holder is a company—a person who participates in the management or control of the company;
 (iv) a person who participates in the management or control of the premises specified in the licence;
 (b) a person referred to in paragraph (a) of this subsection is convicted of an offence of the kind referred to in paragraph 39B(b) or becomes bankrupt;
 (c) where the licence holder is a company—a person not described in the application for the licence as participating in the management or control of the company commences so to participate;
 (d) a person not described in the application for the licence as participating in the management or control of the premises specified in the licence commences so to participate;
 (e) where the licence holder is a partnership—there is a change in the membership of the partnership;
 (f) where the licence holder is a company—any of the following events occurs:
 (i) the company is charged with an offence of a kind referred to in paragraph 39C(a);
 (ii) the company is convicted of an offence of a kind referred to in paragraph 39C(b);
 (iii) a receiver of the property, or part of the property, of the company is appointed;
 (iv) an administrator of the company is appointed under section 436A, 436B or 436C of the Corporations Law;
 (v) the company executes a deed of company arrangement under Part 5.3A of that Law;
 (vi) the company begins to be wound up;
 (g) in relation to a manufacturer licence or storage licence—there is a substantial change in:
 (i) a matter affecting the physical security of the premises specified in the licence; or
 (ii) the plant or equipment used in relation to goods at the premises specified in the licence;
 (h) in relation to a producer licence or dealer licence—there is a substantial change in a matter affecting the physical security of the storage place on the premises specified in the licence;
 (i) in relation to a manufacturer licence—the licence holder has ceased to manufacture excisable goods;
 (j) in relation to a storage licence—the licence holder has ceased to keep and store goods at the premises specified in the licence;
 (k) in relation to a producer licence—the licence holder has ceased to produce tobacco seed, tobacco plant and tobacco leaf;
 (l) in relation