Acts Amendment (Franchise Fees) Act 1997 (WA)(CI) (Amendment) Ordinance 1998

Overview

The Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.I.) (Amendment) Ordinance 1998 was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Christmas Island Act 1958. This legislative instrument was introduced to address gaps and inconsistencies in the franchise fee structure on Christmas Island, as well as to bring certain laws into alignment with contemporary regulatory standards. The Ordinance amends the Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.I.), making specific changes to the Business Franchise (Tobacco) Act 1975 (W.A.) (C.I.), the Liquor Licensing Act 1988 (W.A.) (C.I.), and the Tobacco Control Act 1990 (W.A.) (C.I.). The policy objective is to refine and update franchise fees and licensing requirements in line with current legislative frameworks, ensuring they are effective and consistent across the territory.

Scope and Application

The Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.I.) (Amendment) Ordinance 1998 pertains to the Territory of Christmas Island and amends the Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.I.). This legislation applies to the Business Franchise (Tobacco) Act 1975 (W.A.) (C.I.), the Liquor Licensing Act 1988 (W.A.) (C.I.), and the Tobacco Control Act 1990 (W.A.) (C.I.), focusing on repealing or amending specific sections and parts to modify the regulatory framework governing tobacco-related franchises, liquor licensing, and tobacco control. This ordinance does not specify particular exclusions or exemptions, but it does outline specific transitional provisions and the effect of certain laws to ensure a seamless transition and avoid ambiguity regarding the applicability of these Acts. The application of the Ordinance extends through subordinate instruments, which provide further detail on the amendments and their implementation.

Key Provisions

The Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.I.) (Amendment) Ordinance 1998 primarily serves to amend existing legislation concerning franchise fees on Christmas Island, specifically focusing on tobacco, liquor, and transport coordination. The key sections of this Ordinance include those that repeal and replace parts of the Business Franchise (Tobacco) Act 1975 (W.A.) (C.I.), the Liquor Licensing Act 1988 (W.A.) (C.I.), and the Transport Co-ordination Act 1966 (W.A.) (C.I.), with effect from specific dates, and adjustments to the Tobacco Control Act 1990 (W.A.) (C.I.) (sections 20.1 and 20.2). These amendments effectively nullify certain sections and parts of the aforementioned Acts, thereby altering the regulatory framework governing these industries. The obligations imposed by this Ordinance on the parties affected by these amendments include compliance with the new provisions as they are enacted. For example, businesses operating under the repealed sections of the Business Franchise (Tobacco) Act 1975 (W.A.) (C.I.) must adhere to the new regulatory environment set by the amendments. Similarly, entities subject to the Liquor Licensing Act 1988 (W.A.) (C.I.) must ensure their practices align with the changes introduced by this Ordinance. The Transport Co-ordination Act 1966 (W.A.) (C.I.) also sees specific sections deactivated until the commencement of Part 8 of the Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.I.), requiring compliance with the interim provisions. Breach of the provisions amended by this Ordinance could lead to various civil or criminal consequences. Although the specific penalties are not detailed within the text provided, it is common for such legislative amendments to carry penalties for non-compliance, which could include fines or other sanctions as stipulated by the relevant Acts. The severity of these penalties would depend on the nature and extent of the breach, and would be determined in accordance with the prevailing laws at the time of the infringement.