Business Franchise Fee Abolition Act 1999

Business Franchise Fee Abolition Act 1999

An Act to amend the Liquor and Accommodation Act 1990 , the Public Health Act 1997 and the Taxation (Reciprocal Powers) Act 1993 and to repeal the Petroleum Products Business Franchise Licences Act 1981 and the Tobacco Business Franchise Licences Act 1980

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Business Franchise Fee Abolition Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

PART 2 - Liquor and Accommodation Act 1990 Amended

3.   Principal Act

In this Part, the Liquor and Accommodation Act 1990 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by omitting "any termination payment payable in accordance with section 99 and" from the definition of licence fee .

5.    Section 20 amended (Effect of suspension of liquor licence)

Section 20 of the Principal Act is amended by omitting subsection (2) .

6.    Section 25 amended (Grant of licence)

Section 25(1) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

(b) request the applicant to pay any prescribed fee payable on the grant of a liquor licence.

7.   Sections 44 and 45 repealed

Sections 44 and 45 of the Principal Act are repealed.

8.    Section 68 repealed

Section 68 of the Principal Act is repealed.

9.    Section 85 amended (Routine inspections)

Section 85 of the Principal Act is amended by omitting subsections (2) and (3) .

10.   Section 86 amended (Powers of authorized officer)

Section 86(4) of the Principal Act is amended as follows:

(a) by omitting subparagraph (i) from paragraph (c);

(b) by omitting subparagraph (i) from paragraph (f).

11.    Part 2, Division 8 repealed

Division 8 of Part 2 of the Principal Act is repealed.

PART 3 - Public Health Act 1997 Amended

12.   Principal Act

In this Part, the Public Health Act 1997 is referred to as the Principal Act.

13.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by inserting after the definition of tobacco product vending machine the following definition:

tobacco seller's licence means a tobacco seller's licence in force under Division 3 of Part 4 ;

14.    Section 64 amended (Sale to children)

Section 64 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "licence under the Tobacco Business Franchise Licences Act 1980 " and substituting "tobacco seller's licence";

(b) by omitting from subsection (3) "licence under the Tobacco Business Franchise Licences Act 1980 " and substituting "tobacco seller's licence".

15.    Part 4, Division 3 inserted

After section 74 of the Principal Act , the following Division is inserted in Part 4:

Division 3 - Tobacco seller's licence

74A.   Application for tobacco seller's licence

(1)  A person proposing to sell tobacco or a tobacco product may apply to the Director for a tobacco seller's licence.

(2)  An application is to be –

(a) in a form approved by the Director; and

(b) accompanied by the prescribed fee.

74B.   Issue of licence

On receipt of an application in accordance with section 74A , the Director is to issue a tobacco seller's licence to the applicant.

74C.   Form of licence

A tobacco seller's licence is to contain the following details:

(a) the name and address of the holder of the licence;

(b) the date of issue of the licence;

(c) the address or addresses of the premises to which the licence relates;

(d) the date on which the licence expires.

74D.   Expiry of licence

A tobacco seller's licence expires on 31 March in the year following the year in which it is issued.

74E.   Register of tobacco seller's licences

(1)  The Director is to keep a register of tobacco seller's licences.

(2)  The register is to contain the following details:

(a) the name and address of the holder of the licence;

(b) the date of issue of the licence;

(c) the address or addresses of the premises to which the licence relates.

(3)  The register is to be made available for inspection during normal business hours on the request of any person.

74F.   Notification of change in licence

(1)  If the holder of a tobacco seller's licence –

(a) ceases to carry on the business of selling tobacco or tobacco products; or

(b) ceases to carry on that business on the premises, or any of the premises, specified in the licence; or

(c) acquires additional premises on which to carry on that business –

he or she must, by notice in writing within 60 days after the cessation or acquisition, notify the Director of that cessation or acquisition.

Penalty:  Fine not exceeding 1 penalty unit.

(2)  If the holder of a licence ceases to carry on the business of selling tobacco or tobacco products, he or she must forward the licence to the Director.

Penalty:  Fine not exceeding 1 penalty unit.

(3)  On receipt of a licence forwarded under subsection (2) , the Director is to cancel the licence.

(4)  If the holder of a tobacco seller's licence ceases to carry on the business of selling tobacco or tobacco products on any of the premises specified in the licence, or acquires additional premises on which to carry on that business, the Director is to –

(a) issue an amended tobacco seller's licence stating that cessation or acquisition; and

(b) forward the amended licence to the holder.

(5)  No fee is payable for an amended licence.

74G.   Offences in respect of tobacco seller's licences

(1)  A person must not sell tobacco or a tobacco product unless he or she is the holder of a tobacco seller's licence or is acting on behalf of the holder of such a licence.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person who is the holder of a tobacco seller's licence or who is acting on behalf of the holder of such a licence must not sell tobacco or a tobacco product from any premises other than those specified in the licence.

Penalty:  Fine not exceeding 1 penalty unit.

(3)  The holder of a tobacco seller's licence must clearly display the licence, or a reasonable copy of the licence –

(a) on all premises at which the holder of the licence sells tobacco or a tobacco product; and

(b) at a point adjacent to where the tobacco or tobacco product is displayed for sale.

Penalty:  Fine not exceeding 1 penalty unit.

74H.   Transitional provision

A licence issued under the Tobacco Business Franchise Licences Act 1980 and in force immediately before the commencement of the Business Franchise Fee Abolition Act 1999 continues to have effect as if it were a tobacco seller's licence and remains in force until 31 March 2000.

PART 4 - Taxation (Reciprocal Powers) Act 1993 Amended

16.   Principal Act

In this Part, the Taxation (Reciprocal Powers) Act 1993 is referred to as the Principal Act.

17.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definition of relevant goods ;

(b) by omitting the definitions of State Commissioner and State Taxation Act and substituting the following definitions:

State Commissioner means any of the following:

(a) the Commissioner of State Revenue;

(b) the Commissioner of Stamp Duties;

(c) the Commissioner of Taxes;

(d) the holder of any other office declared by the Minister by order to be a State Commissioner;

State Taxation Act means any of the following:

(a) the Financial Institutions Duty Act 1986 ;

(b) the Land and Income Taxation Act 1910 ;

(c) the Pay-roll Tax Act 1971 ;

(d) the Stamp Duties Act 1931 ;

(e) the Taxation Administration Act 1997 ;

(f) a Land Tax Rating Act;

(g) any other Act declared by the Minister by order to be a State Taxation Act.

18.    Section 7 amended (Investigation powers)

Section 7(1) of the Principal Act is amended as follows:

(a) by omitting paragraph (b) and substituting the following paragraph:

(b) to enter and remain in any place where a Commissioner or an authorized person reasonably believes there are such records;

(b) by omitting paragraph (e) .

19.    Section 8 repealed

Section 8 of the Principal Act is repealed.

20.    Section 9 amended (Possession of records)

Section 9 of the Principal Act is amended by omitting subsection (2) .

PART 5 - Miscellaneous repeals

21.    Petroleum Products Business Franchise Licences Act 1981 repealed

The Petroleum Products Business Franchise Licences Act 1981 is repealed.

22.    Tobacco Business Franchise Licences Act 1980 repealed

The Tobacco Business Franchise Licences Act 1980 is repealed.

[Second reading presentation speech made in:

House of Assembly on 18 NOVEMBER 1999

Legislative Council on 3 NOVEMBER 1999]