Business Franchise (Tobacco and Petroleum Products) (Amendment) Act 1985 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Business Franchise (Tobacco and Petroleum Products) (Amendment) Ordinance 1985

No. 36 of 1985

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 15 August 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

G. SCHOLES

Minister of State for Territories

An Ordinance to amend the Business Franchise (Tobacco and Petroleum Products) Ordinance 1984

Short title

1.  This Ordinance may be cited as the Business Franchise (Tobacco and Petroleum Products) (Amendment) Ordinance 1985.¹

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Business Franchise (Tobacco and Petroleum Products) Ordinance 1984.²

Interpretation

3.  Section 3 of the Principal Ordinance is amended—

(a)by omitting from sub-section (1) the definition of “relevant period”;

(b)by inserting in sub-section (1) after the definition of “road vehicle” the following definitions:

“ ‘standard grade motor spirit’ means motor spirit that has a research octane number not less than 89.0 and not more than 92.0;

‘super grade motor spirit’ means motor spirit that has a research contain number of 97.0;

(c)by omitting from sub-section (1) the definition of “value” and substituting the following definitions:

“ ‘ unleaded motor spirit’ means motor spirit that—

(a)contains not more than 0.013 grams of lead per litre;

(b)contains not more than 0.0013 grams of phosphorous per litre;

(c)contains not more than 0.10 per cent of sulphur by weight or, while a determination under section 42A of the Air Pollution Ordinance 1984 specifying a  higher percentage is in force, not more than that percentage;

(d)has a research octaine number of not less than 91.0 and not more than 93.0; and

(e)has a motor octaine number of not less than 82.0.

“ ‘value’, in relation to any tobacco sold, means the value attributed to the tobacco pursuant to section 30;”; and

(d)by omitting sub-section (2) and substituting the following sub-section:

“(2)  A reference in this Ordinance to motor spirit shall be read as including a reference to super grade motor spirit, standard grade motor spirit or unleaded motor spirit.”.

4.  After section 3 of the Principal Ordinance the following sections are inserted:

Relevant period—interpretation

“3A.  (1)  In this Ordinance, a reference to a relevant period in relation to an application for a licence, or for the renewal of a licence, in respect of a month the name of which is specified in Column 1 of the Schedule shall be read as a reference to the last preceding month of the name specified in Column 2 of the Schedule opposite the name of the first-mentioned month.

“(2)  Notwithstanding sub-section (1), a reference to a relevant period in relation to the renewal of a retail tobacconist’s licence issued before 21 August 1985 shall be read as including a reference to the period beginning on 1 August 1984 and ending on 20 August 1985.

Tobacco vending machines

“3B.  For the purposes of this Ordinance, the owner of a vending machine from which tobacco can be bought shall—

(a)if the owner holds, or is required by this Ordinance to hold, a wholesale tobacco merchant’s licence—be taken to be carrying on tobacco wholesaling; or

(b)in any other case—be taken to be carrying on tobacco retailing.”.

Grant of licence—tobacco

5.  Section 26 of the Principal Ordinance is amended—

(a)by omitting paragraph (1) (c) and substituting the following paragraph:

“(c)  upon payment of the fee assessed by the Commissioner in accordance with section 28,”; and

(b)by inserting in sub-section (6) “tobacco” before “licence” (first occurring).

Grant of licence—petroleum products

6.  Section 27 of the Principal Ordinance is amended by inserting in sub-section (6) “petroleum products” before “licence” (first occurring).

Fees—tobacco licences

7.  Section 28 of the Principal Ordinance is amended—

(a)by inserting after sub-section (1) the following sub-section:

“(1A)  The reference in paragraph (1) (c) to tobacco sold by the applicant shall not be read as including a reference to tobacco sold by the applicant on or after 21 August 1985 if the tobacco was bought by the applicant from the holder of a wholesale tobacco merchant’s licence or from the holder of a group wholesale tobacco merchant’s licence.”;

(b)by inserting in sub-section (8) “before 21 August 1985” after “sold”;

(c)by inserting in sub-section (9) “, being a licence that was issued before 21 August 1985 and that continues in force on or after that date,” after “tobacconist’s licence”;

(d)by omitting from sub-section (10) “(2)” and substituting “(5)”; and

(e)by omitting sub-sections (12) and (13) and substituting the following sub-sections:

“(12) A reference in this section to a specified amount, or to a specified percentage, shall be read respectively as a reference to an amount or percentage specified by the Minister pursuant to section 44A for the purpose of this section.

“(13) For the purposes of this section, the value of tobacco sold in the Territory for delivery and consumption in a State or another Territory, being—

(a)tobacco sold before 21 August 1985 by the holder of a retail tobacconist’s licence;

(b)tobacco sold on or after 21 August 1985 by the holder of a retail tobacconist’s licence where the tobacco was not bought by the retailer from the holder of a wholesale tobacco merchant’s licence or a group wholesale tobacco merchant’s licence; or

(c)tobacco sold, whether before, on or after 21 August 1985, by the holder of a wholesale tobacco merchant’s licence or a group wholesale tobacco merchant’s licence,

shall not be taken into account when calculating the fees payable under this section if the licensee who sold the tobacco would, if the tobacco had been sold in the State or other Territory, be liable to pay a fee in respect of the tobacco, and the licensee has paid an amount equal to the fee to the appropriate authority in that State or other Territory.”.

Repeal

8.  Section 29 of the Principal Ordinance is repealed.

Fees—petroleum products licences

9.  Section 31 of the Principal Ordinance is amended—

(a)by omitting from sub-section (1) “value” and substituting “volume”;

(b)by omitting from sub-section (2) “an amount of” (wherever occurring) and substituting “the sum of”;

(c)by omitting from sub-paragraph (2) (a) (i) “prescribed percentages of the value” and substituting “determined amount per litre”;

(d)by omitting from sub-section (2) “prescribed percentage of the value” (wherever occurring) and substituting “determined amount per litre”;

(e)by inserting after sub-section (8) the following sub-section:

“(8A)  For the purposes of this section, the volume of petroleum products sold before, on or after 21 August 1985 in the Territory for delivery and consumption in a State or another Territory shall not be taken into account when calculating the fees payable under this section if the licensee who sold the products would, if the products had been sold in the State or other Territory, be liable to pay a fee in respect of the products and the licensee has paid an amount equal to the fee to the appropriate authority in that State or other Territory.”;

(f)by omitting sub-section (11) and substituting the following sub-section:

“(11)  A reference in this section to a specified amount or to a determined amount shall be read respectively as a reference to the amount specified or determined by the Minister pursuant to section 44A for the purposes of this section.”; and

(g)by omitting from sub-section (12) “this” (first occurring) and sub-stituting “the Commissioner’s”.

Repeal

10.  Section 32 of the Principal Ordinance is repealed.

Adjustment of fee

11.  Section 33 of the Principal Ordinance is amended by omitting from sub-section (6) all the words after “reduced,” and substituting “an amount equal to the amount overpaid is payable to the applicant or to the person who is or was the holder of the licence concerned, as the case requires.”.

Renewal of licences—tobacco

12.  Section 35 of the Principal Ordinance is amended—

(a)by omitting from sub-section (1) “12 months” and substituting “1 month”;

(b)by omitting sub-section (2) and substituting the following sub-sections:

“(1A)  Notwithstanding sub-section (1), a retail tobacconist’s licence issued before 21 August 1985 remains in force for such period, not exceeding 12 months, as is specified in the licence.

“(2)  A retail tobacconist’s licence may, from time to time, upon—

(a)application made to the Commissioner in accordance with the approved form;

(b)receipt by the Commissioner of the particulars, if any, required by him to be furnished under section 23; and

(c)payment of the fee assessed by the Commissioner in accordance with section 28,

be renewed for such period, not exceeding 1 month, as is specified in the licence.”.

Persons deemed to hold licences

13.  Section 36 of the Principal Ordinance is amended—

(a)by omitting sub-section (1) and substituting the following sub-section:

“(1)  In this section, “licensee” means the holder of—

(a)a retail tobacconist’s licence; or

(b)a petroleum retailers licence.”;

(b)by omitting from sub-section (2) “27 (1) (b)” and substituting “26 (1) (b) or 27 (1) (b) as the case requires”; and

(c)by omitting from sub-section (2) “27 (1) (c)” and substituting “26 (1) (c) or 27 (1) (c) as the case requires”.

Invoice to be endorsed

14.  Section 40 of the Principal Ordinance is amended—

(a)by omitting from sub-section (1) all the words from and including “WHOLESALER” to and including “licence” (last occurring) and substituting “A.C.T. WHOLESALER”;

(b)by omitting from sub-section (2) all the words from and including “bears” to and including “number” (last occurring) and substituting “bears the words ‘SOLD BY LICENSED A.C.T. WHOLESALER’ (or words of like import) unless he is the holder of a wholesale tobacco merchant’s licence or of a group wholesale tobacco merchant’s licence”;

(c)by omitting from sub-section (3) all the words from and including “WHOLESALER” to and including “licence” (last occurring) and substituting “A.C.T. WHOLESALER”; and

(d)by omitting from sub-section (4) all the words from and including “bears” to and including “number” (last occurring) and substituting “bears the words ‘SOLD BY LICENSED A.C.T. WHOLESALER’ (or words of like import) unless he is the holder of a petroleum wholesalers licence or of a group petroleum wholesalers licence”.

15.  After section 44 of the Principal Ordinance the following section is inserted:

Fees

“44A  The Minister may, by notice in the Gazette, specify an amount or a percentage, or determine an amount, being an amount or a percentage, as the case may be, specified or determined, as the case requires, in relation to the calculation of fees payable under this Ordinance.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 August 1985.

2. No. 38, 1984.