Business Licences _Amendment_ Regulations 2010 _Eng V2_




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BUSINESS LICENCES (AMENDMENT)
REGULATIONS 2010



Business Licences (Amendment) Regulations
2010 Arrangement of Regulations




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BUSINESS LICENCES (AMENDMENT)
REGULATIONS 2010

Arrangement of Regulations
Regulation

1 Short Title .................................................................................................... 5
2 Regulation 2 Amended ............................................................................... 5
3 Regulation 3 Amended ............................................................................... 5
4 New Regulation 3A .......................................................................................... 6
5 Regulation 7 Repealed ............................................................................... 6
6 Regulation 8 Amended ............................................................................... 6
7 New Regulation 10A ........................................................................................ 6
8 Schedule 1 Repealed ......................................................................................... 7
9 Schedule 2 Amended ................................................................................. 7
10 Schedule 3 Amended ................................................................................. 7
11 Form I Amended ......................................................................................... 8



Business Licences (Amendment) Regulations 2010 Regulation 1




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BUSINESS LICENCES (AMENDMENT)
REGULATIONS 2010

BUSINESS LICENCES ACT 2002

IN EXERCISE of the powers conferred by section 23 of the Business Licences
Act 2002, the Minister of Labour, Commerce and Industries with the consent

of Cabinet, makes the following Regulations -

1 Short Title

(1) These Regulations may be cited as the Business Licences (Amendment)
Regulations 2010.

(2) The Business Licences Regulations 2007 are referred to in these Regulations,
as the Principal Regulations.

2 Regulation 2 Amended

Regulation 2 of the Principal Regulations is amended by inserting the following new
definition in the appropriate place -

“ “ sector specific requirement” means any licence, authorization, permit,
certification, approval or consent that the applicant for a business licence shall
obtain from the relevant competent authority of the industry;”

3 Regulation 3 Amended

Regulation 3 of the Principal Regulations is amended by inserting the following new
sub-regulation (5) -

“(5) An application may be considered incomplete unless the applicant
produces to the Business Licence Officer all relevant sector specific
requirements from the related competent authority of the industry
consulted by the Business Licence Officer under Regulation 3A.”

Regulation 4 Business Licences (Amendment) Regulations 2010




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4 New Regulation 3A

The Principal Regulations are amended by inserting a ew regulation 3A at the end
of regulation 3 -

“3A Consultation

The Business Licence Officer may, in considering an application under
section 7 of the Act, consult other government departments and agencies, and
any other stakeholders concerned or affected by the application.”

5 Regulation 7 Repealed

Regulation 7 of the Principal Regulations is repealed and replaced with the
following -

“7 Licence Conditions

(1) Every business licence holder shall comply with all relevant laws
related to his business activities.

(2) Business licences may be issued according to section 9 of the
Act subject to conditions prescribed in Schedule 3 of these
Regulations.”

6 Regulation 8 Amended

Regulation 8(1) of the Principal Regulations is amended -

(1) in the Tongan version only by deleting the words “fakahoko ‘i he foomu kuo
tu’utu’uni ‘i he Foomu 3; pea ‘oatu fakataha pea mo e t tongi totonu ‘o e tohi
kole fakafo’ou laiseni pisinisi ‘o hange kuo tu’utu’uni ‘i he Tepile 1.”; and

(2) by inserting new sub-regulations (c) and (d) as follows -

“(c) made at least 30 days prior to their expiration; and

(d) if the application is made after the expiration of the licence, it shall be
accompanied by the prescribed late fee.”.

7 New Regulation 10A

The Principal Regulations are amended by inserting the following new Regulation
10A at the end of Regulation 10 -

“10A Invalidity

(1) Any business licence that has been issued on the basis of any sector
specific requirements shall be deemed invalid when t sector specific
requirement related to the business activity is suspended, revoked,
expires or is deemed invalid.

(2) Any holder of a business licence invalidated uner this regulation may
appeal to the Minister under section 12 of the Act.”.

Business Licences (Amendment) Regulations 2010 Regulation 8




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8 Schedule 1 Repealed

The Principal Regulations are amended by repealing Schedule 1 and replacing it
with the following -

“SCHEDULE 1
Fees



Item Activity Fee Due Date

1. Application for New Business Licence $120.00 Upon application

2. Application for Renewal of Business Licence $100.00 Upon application

3. Late Application for Renewal of Licence $50.00 Upon application

4. Amendment of Business Licence $50.00 Upon application

5. Inspection of Business Licence Register $20.00 Prior to Inspection

6. Copying of Business Licence Register $20.00 Upon application for
copy”



9 Schedule 2 Amended

Schedule 2 of the Principal Regulations is amended by eleting -

(a) “Real Estate Services” from the Business Activities list; and

(b) the words “without operators” after the words “Rental/Leasing Services”.

10 Schedule 3 Amended

Schedule 3 of the Principal Regulations is amended by -

(a) numbering the item “Business Licence for Importing” as “(A)”; and

(b) inserting the following new items at the end -

“(B) Business Licence for Rental/Leasing Services

Conditions

Activity under this licence shall not involve the business of renting of
land.



(C) Business Licence for Retail or Wholesale of food and other grocery
goods

Conditions

(i) The holder of this licence shall be a Tongan subject;

(ii) Every person who trades under this licence, other than the
licence holder, shall be a Tongan subject or a holder of a relevant
valid visa;

Regulation 11 Business Licences (Amendment) Regulations 2010




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(iii) Only the licence holder shall trade under this business licence.

(iv) Trade under this licence shall be limited to a p rticular
geographical area designated by the Business Licensing Officer.



(D) Business Licence for Distribution of Merchandise

Conditions

(i) No goods traded under this licence shall be -

(a) counterfeit in nature;

(b) contain labelling that is false, misleading or deceptive as
to the nature of such goods;

(c) shops under this licence shall be operated only by licence
holder;

(d) without a “use by date”, “expiry date” or such other
wordings to that effect; and

(e) past its “use by date’ or “expiry date” or such other
wordings to that effect.

(ii) Trade under this licence shall be limited to a particular
geographical area designated by the Business Licensing Officer.”

11 Form I Amended

Form I of the Principal Regulations is amended by deleting the words “passport or
birth certificate” wherever they appear and replacing them with the words “passport
or birth certificate accompanied by one recent passort photo signed by the applicant
at the back of the photo, or a National Identity Card”.



Made at Nuku'alofa this 13th day of October 2010.


Minister of Labour, Commerce and Industries