Untitled document

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—BUSINESS FRANCHISE (PETROLEUM PRODUCTS)

ACT 1979 3

3.	Definitions	3
4.	New section 3A inserted	3
3A. Transitional provision	3
5.	Repeal of licensing and spent provisions	3
6.	New section 17 inserted	4

17. Treasurer may make payments 4

7. New sections 18 to 26 inserted 4

18.	Treasurer may require information	4
19.	Diesel fuel exemption certificates	5
20.	Register of exemption certificates	7
21.	Records to be made and kept by petroleum retailers and
wholesalers	7
22.	Transportation records	8
23.	Production of transportation records	9
24.	Temporary custody of road vehicles	10
25.	Forfeiture of petroleum products	11
26.	Offences by persons involved in management of bodies
corporate	11

PART 3—BUSINESS FRANCHISE (TOBACCO) ACT 1974 14

8.	Definitions and secrecy	14
9.	Repeal of licensing provisions	14
10.	Amendment of enforcement provisions	14
11.	New section 23 inserted	17

23. Transitional provision 17

i

Section	Page
PART 4—LIQUOR CONTROL ACT 1987	18

12.	Amendment of Parts 1 and 2	18
13.	Transfer, renewal, surrender and cancellation of licences	18
14.	Removal of requirement to keep liquor purchases register	19
15.	New section 113 substituted	19

113. Fees for licences, permits and extended hours permits 19

16.	Consequential amendments	21
17.	New section 119A inserted	21

119A. Treasurer may make payments 21

18. New sections 119B and 119C inserted 22

119B.	Treasurer may require information	22
119C.	Records to be made and kept by producers and
distributors	22

19.	Recovery of fees	23
20.	Statute law revision	23

PART 5—TOBACCO ACT 1987 25

21. Victorian Health Promotion Fund 25

═══════════════

NOTES 26

ii

Victoria

No. 94 of 1997

Business Franchise Fees (Safety Net)

Act 1997†

[Assented to 16 December 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is—

(a) to amend the Business Franchise Acts to remove the requirement for petroleum and tobacco wholesalers and retailers to be licensed or pay a licence fee; and

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 s. 2

(b)	to amend the Liquor Control Act 1987 to remove the requirement for liquor licensees to pay ad valorem licence fees; and
(c)	to authorise the Treasurer to make certain payments and appropriate the Consolidated Fund for that purpose; and
(d)	to make consequential amendments to the Tobacco Act 1987; and
(e)	to make miscellaneous amendments to the Business Franchise Acts and the Liquor Control Act 1987.

2. Commencement

(1) Part 4 (except sections 13(5), 18 and 20) is

deemed to have come into operation at 3.30 p.m.

on 6 August 1997.

(2) Parts 2 (except sections 3(2) and 7) and 3 (except

section 10) are deemed to have come into
operation on 7 August 1997.

(3) The remaining provisions of this Act come into operation on the day on which this Act receives the Royal Assent.

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Business Franchise Fees (Safety Net) Act 1997

s. 3 Act No. 94/1997

PART 2—BUSINESS FRANCHISE (PETROLEUM

PRODUCTS) ACT 1979

3. Definitions

No. 9272.	(1) In section 2(1) of the Business Franchise
Reprinted to
No. 80/1994	(Petroleum Products) Act 1979 the definition of
and	"licensed premises" is repealed.
subsequently
amended by
Nos 42/1996,	(2) In section 2(1) of the Business Franchise
40/1997 and	(Petroleum Products) Act 1979—
49/1997.

(a) after the definition of "diesel fuel" insert— ' "exemption certificate" means diesel fuel

exemption certificate issued under

section 19;';

(b)

after the definition of "petroleum ' "prescribed capacity", in relation to a

tank containing petroleum products,

means 3000 litres;'.

4. New section 3A inserted

After section 3 of the Business Franchise (Petroleum Products) Act 1979 insert— "3A. Transitional provision

Section 4, as in force immediately before the
commencement of section 5(a) of the
Business Franchise Fees (Safety Net) Act
1997, continues to apply in respect of

anything done before that commencement.".

5. Repeal of licensing and spent provisions

In the Business Franchise (Petroleum Products)

Act 1979—

(a) sections 4, 5, 6, 7, 7A, 8, 9, 10, 11, 11A and 12 are repealed;

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 s. 6

(b) in section 13(2)—

(i) in paragraph (a) omit "and";

(ii) paragraph (b) is repealed;

(c) sections 14 and 16 are repealed.

6. New section 17 inserted

At the end of the Business Franchise (Petroleum
Products) Act 1979 insert—
"17. Treasurer may make payments

(1) The Treasurer may, from time to time, pay amounts determined by the Treasurer—

(a)	to persons who sell, or have sold, diesel fuel for use by holders of exemption certificates otherwise than for propelling diesel engined road vehicles on roads;
(b)	who purchase, or have purchased,

to holders of exemption certificates propelling diesel engined road vehicles on roads;

(c) to persons who carry on, or have carried on, a business of petroleum wholesaling in respect of which duties of excise have been paid to the Commonwealth.

(2) The Consolidated Fund is appropriated to the

necessary extent for the purposes of sub-
section (1).".

7. New sections 18 to 26 inserted

After section 17 of the Business Franchise
(Petroleum Products) Act 1979 insert—
"18. Treasurer may require information

Business Franchise Fees (Safety Net) Act 1997

s. 7 Act No. 94/1997

(1) For the purpose of determining whether to

make a payment under section 17, or the amount of a payment, the Treasurer may require a person referred to in section

17(1)(a), (b) or (c)—

(a)	to give the Treasurer any information required by the Treasurer; or
(b)	to produce to the Treasurer any document required by the Treasurer.

(2) A person must not give any information or produce any document under sub-section (1)

that is false or misleading in a material

particular. 
Penalty:  500 penalty units in the case of a
body corporate;
100 penalty units in any other
case.

19. Diesel fuel exemption certificates
(1) A person who has purchased, or intends to

purchase, diesel fuel for use otherwise than for propelling diesel engined road vehicles on roads may apply to the Commissioner for

a diesel fuel exemption certificate.

(2) An application under sub-section (1) must be

in the form approved by the Commissioner
and must contain—

(a) the applicant's name and address; and

(b)	any other information required by the Commissioner; and
(c)	a statutory declaration by the applicant or, if the applicant is a corporation, a director of the applicant, verifying the information in the application.

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 s. 7

(3) The Commissioner must issue an exemption certificate to an applicant under this section unless the Commissioner is satisfied—

(a)

that the application is false or or

(b) an offence against this Act or an

that the applicant has been convicted of dishonesty—

in which case the Commissioner may refuse
to issue a certificate.

(4) An exemption certificate is valid for 3 years

from the date of its issue, unless revoked
sooner, and may be renewed on application
under this section.

(5) The Commissioner may revoke an

exemption certificate by giving written
notice to the holder of the certificate if the

Commissioner is satisfied—

(a)	that the holder of the certificate has been convicted of an offence against this Act or an indictable offence involving dishonesty; or
(b)	that the holder of the certificate no longer requires the purchase of diesel fuel for use otherwise than for propelling diesel engined road vehicles on a road.

(6) A certificate issued to a person by the

Commissioner before the commencement of

this section—

(a) that states that the person is a person who requires diesel fuel for use

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s. 7

s. 7	Act No. 94/1997
otherwise than for propelling diesel engined road vehicles on roads; and

(b) that is in force at the commencement of this section—

is deemed to be an exemption certificate
issued under this section and is valid for 3
years from that commencement, unless

revoked earlier.

20. Register of exemption certificates

(1) The Commissioner must keep a register of

the holders of exemption certificates.

(2) Any person may inspect the register at the

office of the Commissioner during ordinary
office hours without charge.

(3) The Commissioner may publish the register,

or extracts from it, in any manner he or she
thinks fit.

21.  Records to be made and kept by petroleum retailers and wholesalers

(1) A person who carries on the business of

petroleum retailing must make a record of purchases of petroleum products and keep each record for a period of 5 years after it was made.

(2) A person who carries on the business of

petroleum wholesaling must make a record
of sales and purchases of petroleum products
and keep each record for a period of 5 years
after it was made.

(3) A record under this section must be in the

form, and contain the particulars, required by
the Commissioner.

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Act No. 94/1997 s. 7

(4) A person must not—

(a)	fail to make or keep a record as required by this section; or
(b)	include in a record under this section any information that is false or misleading in a material particular.
Penalty:	500 penalty units in the case of a body corporate; 100 penalty units in any other case.

(5) A record under this section need not be kept

for 5 years if the Commissioner authorises
its earlier destruction.

22. Transportation records
(1) If petroleum products are to be transported in

Victoria by road vehicle in a tank having a capacity that exceeds the prescribed capacity, the person on whose behalf the petroleum products are to be transported must complete a transportation record in respect of the petroleum products and give the record to the carrier at or before the commencement of the transportation. Penalty: 20 penalty units.

(2) The transportation record must be in a form

approved by the Commissioner and must
contain—

(a)	the date and address at which the transportation is to commence;
(b)	the class and quantity of the petroleum products;

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s. 7 Act No. 94/1997

(c)	the name and address of the person on whose behalf the petroleum products are to be transported;
(d)	if the person on whose behalf the petroleum products are to be transported is not the owner of the petroleum products, the name and address of the owner;
(e)	the name of the person (if any) to whom the carrier is to transport the petroleum products;
(f)	the address to which the carrier is to transport the petroleum products;
(g)	the name and address of the person (if any) who has agreed to purchase the petroleum products.

(3) A person must not include in a transportation

record any information that is false or
misleading in a material particular.
Penalty: 20 penalty units.

(4) At all times while petroleum products are

being transported in Victoria by road vehicle
in a tank having a capacity that exceeds the
prescribed capacity the carrier must ensure
that the transportation record relating to the
petroleum products is carried in the vehicle.
Penalty: 20 penalty units.

23. Production of transportation records
(1) If an inspector reasonably suspects that

petroleum products are being transported by road vehicle in a tank having a capacity that exceeds the prescribed capacity, he or she

may search the vehicle.

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Act No. 94/1997 s. 7

(2) If a search under sub-section (1) reveals

petroleum products in a tank having a
capacity that exceeds the prescribed
capacity, the inspector may request the
driver of the vehicle to produce the
transportation record relating to the
petroleum products for inspection.

(3) A driver must comply with a request under

sub-section (2).
Penalty: 100 penalty units.

(4) For the purposes of this section a member of

the police force, at the request of an
inspector, may request or signal the driver to
stop the vehicle.

(5) A driver must comply with a request or

signal under sub-section (4). Penalty: 100 penalty units.

24. Temporary custody of road vehicles

(1) If the driver of a road vehicle—

(a)	does not produce a transportation record to an inspector as required by section 23(3); or
(b)	the inspector reasonably believes is

produces a transportation record that particular—

the inspector may request the driver to drive
the vehicle to another place within a
reasonable distance, as determined by the
inspector, where the petroleum products can
be unloaded.

(2) If the driver does not comply with a request

under sub-section (1), a member of the
police force, at the request of the inspector,

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s. 7

s. 7 Act No. 94/1997

may take charge of the road vehicle for the
purpose of driving it, or causing it to be
driven, to the other place.

(3) As soon as practicable after arrival at the other place—

(a)	the inspector must unload, and may seize, the petroleum products; and
(b)	if the inspector seizes the petroleum products, he or she must tender to the driver a receipt for the petroleum products containing a notice setting out the provisions of section 25.

25. Forfeiture of petroleum products

(1) If a person is convicted of an offence against

section 22 or 23, any petroleum products
seized from the person under section 24(3)
or under section 14(2)(ba) or 15A of the
Business Franchise (Tobacco) Act 1974 are
forfeited to, and become the property of, the
State.

(2) The Commissioner, on behalf of the State,

may dispose of petroleum products that have
become the property of the State in any
manner he or she thinks fit.

26.  Offences by persons involved in management of bodies corporate

(1) If a body corporate, by act or omission,

contravenes a provision of this Act, a person
who is concerned in, or takes part in, the
management of the body corporate is,
subject to sub-section (2), to be taken to have
contravened the same provision.

(2) A person is not to be taken to have

contravened the provision if the person
satisfies the court that—

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s. 7
s. 7

Act No. 94/1997

(a)

the body corporate contravened the knowledge; or

(b) the person was not in a position to influence the conduct of the body corporate in relation to its

contravention of the provision; or

(c) the person, if in such a position, used all due diligence to prevent the contravention by the body corporate.

(3) A person may be convicted of a

contravention of a provision of this Act
whether or not the body corporate has been

convicted of its contravention.

(4) This section does not affect a liability

imposed on a body corporate for an offence

committed by it against this Act.

(5) For the purposes of this section, the

following persons are persons who are
concerned in, or take part in, the

management of a body corporate—

(a) a director of the body corporate;

(b) a secretary of the body corporate;

(c)	a receiver and manager of property of the body corporate;
(d)	an official manager or deputy official manager of the body corporate;
(e)	a liquidator of the body corporate appointed in a voluntary winding up of the body corporate;
(f)	a compromise or arrangement made

a trustee or other person administering person or other persons.".

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997

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Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 s. 8

PART 3—BUSINESS FRANCHISE (TOBACCO) ACT 1974

8. Definitions and secrecy

In the Business Franchise (Tobacco) Act 1974— No. 8597.
Reprinted as

(a)	in section 2(1) the definitions of "licence",	at 23 January 1997. Further
"licensed premises", "licensee", "listed	amended by
company", "major shareholder", and	No. 40/1997.
"transportation record" are repealed;
(b)
in section 5(2) for "this Act" (wherever Franchise Acts".

9. Repeal of licensing provisions

In the Business Franchise (Tobacco) Act 1974—

(a) sections 5A, 6, 7, 7AA, 7AB, 7AC, 7AD, 7AE, 7AF, 7AG, 7AH, 7AI, 7AJ, 7A, 7B, 8, 9, 9AA, 9A, 9B, 9BA, 9C, 9D, 9E, 10, 11, 11A, 11B, 11D, 12, 13, 13A, 13B, 13C, 13D, 18D, 19, 19A and 19AB are repealed;

(b) in section 21A omit "7AH or".

10. Amendment of enforcement provisions

(1) In the Business Franchise (Tobacco) Act 1974—

(a) in section 14(2)—

(i) omit "tobacco or" wherever occurring; (ii) in paragraph (c) omit "any licensee or";

(b) in section 14(5)—

(i) omit "tobacco or" wherever occurring;

(ii)  for "section 15B" (where twice occurring) substitute "section 25 of the

Business Franchise Fees (Safety Net) Act 1997

s. 10	Act No. 94/1997
Business Franchise (Petroleum Products) Act 1979";

(c) in section 15(1)(c) omit "tobacco or".

(2) In section 15A of the Business Franchise

(Tobacco) Act 1974 for sub-section (1)
substitute—

"(1) If a magistrate is satisfied by the evidence on

oath, whether oral or by affidavit, of the ground for suspecting that there are on particular premises or at a particular place or in or on a particular vehicle any petroleum products, books, papers or other documents that are relevant to the administration or execution of the Business Franchise Acts, the magistrate may issue a warrant authorising any member of the police force, together with any other person named in the warrant—

(a)	to enter the premises, place or vehicle (using such force as is necessary for the purpose);
(b)	against interference, any petroleum

to search for and seize, or secure documents that appear to be relevant to the administration or execution of the Business Franchise Acts;

(c)	if reasonably necessary for the purposes referred to in paragraph (b), to break open any receptacle in or on the premises, place or vehicle;
(d)	to deliver any petroleum products, books, papers or other documents seized under the warrant to the

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997	s. 10
Commissioner or a person authorised by the Commissioner.".

(3) In section 15A(3) of the Business Franchise

(Tobacco) Act 1974 for "takes possession of"
substitute "seizes".

(4) In section 15A of the Business Franchise (Tobacco) Act 1974 for sub-section (3A) substitute—

"(3A) If a person seizes petroleum products under sub-section (1), he or she—

(a) immediately before seizure, apparently
in the possession or custody of another
person, must give that other person a
written notice setting out the provisions
of section 25 of the Business

if the petroleum products were, 1979; or

(b) immediately before seizure, apparently

if the petroleum products were not, person, must leave a written notice setting out the provisions of section 25 of the Business Franchise (Petroleum Products) Act 1979 in a prominent place on the premises, place or vehicle where the petroleum products were seized.".

(5) In section 15A(4) of the Business Franchise

(Tobacco) Act 1974 for "taking of possession"

substitute "seizure".

(6) In section 19E(1) of the Business Franchise

(Tobacco) Act 1974—

(a) in paragraph (g) omit "or" where thirdly occurring;

Business Franchise Fees (Safety Net) Act 1997

s. 11 Act No. 94/1997

(b) after paragraph (h) insert— "(i) a person named in the certificate is, or

is not, or at any particular time was, or
was not, the holder of an exemption
certificate under the Business
Franchise (Petroleum Products) Act

1979—".

(7) In Schedule 1 to the Business Franchise

(Tobacco) Act 1974—

(a) omit "tobacco or" wherever occurring;

(b) for "assessment or collection of a licence fee payable under" substitute "administration or execution of the".

11. New section 23 inserted

After section 22 of the Business Franchise
(Tobacco) Act 1974 insert—

"23. Transitional provision

Section 6, as in force immediately before the
commencement of section 9(a) of the
Business Franchise Fees (Safety Net) Act
1997, continues to apply in respect of

anything done before that commencement.".

_______________
Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 s. 12

PART 4—LIQUOR CONTROL ACT 1987

12. Amendment of Parts 1 and 2

In the Liquor Control Act 1987—	No. 97/1987. Reprinted to
(a) in section 3—	No. 97/1995 and subsequently
(i) the definition of "Commissioner of State Revenue" is repealed;	amended by
Nos 35/1996, 44/1996,
(ii) in paragraph (a) of the definition of "prescribed liquor" for "3.8" substitute	84/1996 and
16/1997.

"3.5";

(b) section 4 is repealed;
(c) in section 43(2) paragraph (c) is repealed.

13.  Transfer, renewal, surrender and cancellation of licences

(1) In the Liquor Control Act 1987—

(a) in section 63(5)—

(i) at the end of paragraph (k) omit "and";

(ii) paragraph (l) is repealed;

(b) in section 69(3)—

(i)  in paragraph (b) for "paragraphs (k) and (l)" substitute "paragraph (k)";

(ii) paragraphs (c) and (e) are repealed;
(iii) at the end of paragraph (d) omit "and".

(2) In section 90 of the Liquor Control Act 1987 for

sub-section (3) substitute—
"(3) The licence or permit or extended hours

permit remains suspended until the licensee
or permittee pays the required fee.".

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s. 14 Act No. 94/1997

(3) In section 90 of the Liquor Control Act 1987—

(a) in sub-section (4) for "1 March" substitute "30 June";

(b) sub-sections (5) and (6) are repealed.

(4) In section 98 of the Liquor Control Act 1987

sub-sections (2), (6) and (9) are repealed.

(5) At the end of section 99 of the Liquor Control

Act 1987 insert—

"(2) An agent or mortgagee authorised under sub-

section (1) is subject and liable to the same
duties, liabilities, obligations,
disqualifications and penalties as if he or she
were the licensee or permittee in respect of

such premises.".

(6) In section 101 of the Liquor Control Act 1987

for sub-section (7) substitute—

"(7) If a residential licence is cancelled, the

person who held the licence must forthwith
give to the Chief Executive Officer the
residents' register or a copy of the residents'
register kept by the licensee under section
108.
Penalty: 5 penalty units.".

14.  Removal of requirement to keep liquor purchases register

Section 109 of the Liquor Control Act 1987 is repealed.

15. New section 113 substituted

For section 113 of the Liquor Control Act 1987
substitute—

'113. Fees for licences, permits and extended

hours permits

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Act No. 94/1997 s. 15

(1) The fee for a residential licence, general

licence, on-premises licence, packaged
liquor licence or club licence (other than a
restricted club licence) is $150 or the
prescribed amount, whichever is higher.

(2) The fee for a producer's or distributor's

licence is—

(a)	in the case of a licence granted to a vigneron—$150 or the prescribed amount, whichever is higher;
(b)	in the case of a licence granted to a producer or distributor of liquor—$150 or the prescribed amount, whichever is higher.

(3) The fee for a limited licence is—

(a)	if the gross amount paid or payable by the licensee for all liquor, other than prescribed liquor, during the period of the licence is less than $2000—$37 or the prescribed amount, whichever is higher;
(b)	if the gross amount paid or payable by the licensee for all liquor, other than prescribed liquor, during the period of the licence is $2000 or more—$150 or the prescribed amount, whichever is higher;
(c)	to an auctioneer—$150 or the

in the case of a limited licence granted higher;

(d) if the applicant for the limited licence is the holder of a licence (other than another limited licence)—nil.

Business Franchise Fees (Safety Net) Act 1997

s. 16 Act No. 94/1997

(4) The fee for a restricted club licence is $38 or

the prescribed amount, whichever is higher.

(5) The fee for a BYO permit is $115 or the
prescribed amount, whichever is higher.

(6) The fee for an extended hours permit is the prescribed amount.

(7) In this section, "limited licence granted to

person who holds a licence under the

an auctioneer" means a licence granted to a a director of which holds such a licence, authorising the licensee to sell and dispose of liquor at an auction conducted by the licensee.'.

16. Consequential amendments

In the Liquor Control Act 1987 sections 114,

115, 116, 117, 118 and 119 are repealed.

17. New section 119A inserted

At the end of Part 5 of the Liquor Control Act

1987 insert—

"119A. Treasurer may make payments

(1) The Treasurer may, from time to time, pay amounts determined by the Treasurer—

(a)	to licensees in respect of licence fees paid before 6 August 1997 in respect of 1997 licences;
(b)	to persons who hold, or have held, licences relating to the sale of liquor in respect of which sales taxes have been paid to the Commonwealth.

(2) The Consolidated Fund is appropriated to the

necessary extent for the purposes of sub-
section (1).".

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 s. 18

18. New sections 119B and 119C inserted

After section 119A of the Liquor Control Act

1987 insert—

"119B. Treasurer may require information

(1) For the purpose of determining whether to

make a payment under section 119A, or the
amount of a payment, the Treasurer may
require a person referred to in section
119A(1)(a) or (b)—

(a)	to give the Treasurer any information required by the Treasurer; or
(b)	to produce to the Treasurer any document required by the Treasurer.

(2) A person must not give any information or produce any document under sub-section (1)

that is false or misleading in a material

particular. 
Penalty:  500 penalty units in the case of a
body corporate;
100 penalty units in any other
case.

119C. Records to be made and kept by producers

and distributors

(1) A person who holds a producer's or

distributor's licence must make a record of
sales and purchases of liquor and keep each
record for a period of 5 years after it was
made.

(2) A record under this section must be in the

form, and contain the particulars, required by
the Commissioner of State Revenue.

Business Franchise Fees (Safety Net) Act 1997

s. 19 Act No. 94/1997

(3) A person must not—

(a)	fail to make or keep a record as required by this section; or
(b)	include in a record under this section any information that is false or misleading in a material particular.
Penalty:	500 penalty units in the case of a body corporate; 100 penalty units in any other case.

(4) A record under this section need not be kept

for 5 years if the Commissioner of State
Revenue authorises its earlier destruction.".

19. Recovery of fees

In section 145A(1) of the Liquor Control Act

1987—

(a) paragraph (a) is repealed;

(b) in paragraph (c) omit "or 115";

(c) paragraphs (d), (e), (f), (g), (h), (i) and (j) are repealed.

20. Statute law revision

In the Liquor Control Act 1987—

(a) in section 3 the definition of "prescribed area" is repealed;

(b) section 4B is repealed;

(c) in section 75(1) omit ", association, group of associations";

(d) in section 101(5) paragraph (ba) is repealed;
(e) sections 112A and 112B are repealed;

Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 s. 20

(f) in section 145A—

(i)  in sub-section (1) paragraph (aa) is repealed;

(ii) sub-section (4A) is repealed;

(g) section 157A is repealed;

(h) in section 166(2) for "institition" substitute "institution".

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Business Franchise Fees (Safety Net) Act 1997

s. 21 Act No. 94/1997

PART 5—TOBACCO ACT 1987

21. Victorian Health Promotion Fund

No. 81/1987.	(1) In section 32 of the Tobacco Act 1987 for sub-
Reprinted to
No. 42/1995	section (3) substitute—
and
subsequently	"(3) All money received by the Foundation must
amended by
No. 16/1997.	be paid into the Fund.

(3A) There shall be paid out of the Consolidated

Fund (which is to the necessary extent appropriated accordingly) into the Victorian Health Promotion Fund, in respect of the financial year commencing on 1 July 1997, an amount of $21 395 000 in such instalments and at such times as are determined by the Treasurer.".

(2) In section 32(4) of the Tobacco Act 1987 in

paragraphs (a) and (b) omit ", being not less than 30 per centum of the Victorian Health Promotion Levy,".

(3) After section 33(2) of the Tobacco Act 1987

insert—

"(2A) The amounts included in the budget for a

financial year to be paid out of the Fund to
sporting bodies and to bodies for the purpose
of health promotion must each be not less
than 30% of the total money budgeted to be
paid into the Fund out of the Consolidated
Fund in that year.".

(4) Part 5 of the Tobacco Act 1987 is repealed.

═══════════════
Business Franchise Fees (Safety Net) Act 1997

Act No. 94/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 13 November 1997

Legislative Council: 4 December 1997

The long title for the Bill for this Act was "to amend the Business
Franchise (Petroleum Products) Act 1979, the Business Franchise
(Tobacco) Act 1974, the Liquor Control Act 1987 and the Tobacco Act
1987 and for other purposes."