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

Overview

The Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.K.I.) (Amendment) Ordinance 1998 was enacted to amend existing franchise fee legislation within the Territory of Cocos (Keeling) Islands. This legislation was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Cocos (Keeling) Islands Act 1955. The primary purpose of this amendment ordinance was to repeal and modify certain provisions of the Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.K.I.), specifically addressing the Business Franchise (Tobacco) Act 1975 (W.A.) (C.K.I.), the Liquor Licensing Act 1988 (W.A.) (C.K.I.), and the Tobacco Control Act 1990 (W.A.) (C.K.I.). This was to align with broader policy objectives regarding the regulation and management of franchise fees within the Territory.

Scope and Application

The Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.K.I.) (Amendment) Ordinance 1998 pertains to the Territory of Cocos (Keeling) Islands and amends existing legislation concerning franchise fees. This ordinance operates within the jurisdictional framework of the Cocos (Keeling) Islands Act 1955, making specific alterations to the Business Franchise (Tobacco) Act 1975, the Liquor Licensing Act 1988, and the Tobacco Control Act 1990. The amendments involve repealing certain sections and parts of these acts, thereby modifying the regulatory landscape for tobacco and liquor franchising within the territory. The ordinance also includes provisions for the effective dates of these amendments, aligning them with the commencement of other related acts and parts. The application of these changes is confined to the Cocos (Keeling) Islands, impacting businesses and entities involved in tobacco and liquor franchising in this specific jurisdiction.

Key Provisions

The main operative sections of the Territory of Cocos (Keeling) Islands__________Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.K.I.) (Amendment) Ordinance 1998 include amendments to existing acts concerning franchise fees. Specifically, this ordinance amends the Business Franchise (Tobacco) Act 1975 (W.A.) (C.K.I.), the Liquor Licensing Act 1988 (W.A.) (C.K.I.), and the Tobacco Control Act 1990 (W.A.) (C.K.I.) by repealing certain sections and substituting new provisions, as outlined in Part 2 and Part 4 of the ordinance. For instance, Section 5 of the Business Franchise (Tobacco) Act 1975 (W.A.) (C.K.I.) is omitted, and Section 7 is amended (Sections 5.1 and 7.1). Similarly, Part 4 of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) is omitted entirely (Section 19.1), and Part 7 of the Tobacco Control Act 1990 (W.A.) (C.K.I.) is also omitted (Section 20.1). This Act imposes several obligations on the parties governed by the amended legislation. For example, it removes certain sections from the Business Franchise (Tobacco) Act 1975 (W.A.) (C.K.I.) and the Liquor Licensing Act 1988 (W.A.) (C.K.I.), which may impact the regulatory framework governing tobacco and liquor licensing. Additionally, it mandates the substitution of new sections in place of the repealed ones, which would require compliance with the updated provisions. Furthermore, the transitional provisions in the amended acts must be adhered to, ensuring a smooth transition from the old regulations to the new ones as specified in Section 23 of the Business Franchise (Tobacco) Act 1975 (W.A.) (C.K.I.). Breach of the provisions of the amended acts could result in various civil or criminal consequences. The specific penalties are not detailed in the ordinance but would generally depend on the nature and severity of the breach. For instance, non-compliance with the new franchise fee regulations could lead to fines or other administrative penalties as prescribed by the respective acts. Additionally, more severe breaches, such as illegal tobacco sales or unauthorized liquor licensing activities, could result in criminal charges, including imprisonment, as stipulated by the existing penal provisions within the Business Franchise (Tobacco) Act 1975 (W.A.) (C.K.I.), the Liquor Licensing Act 1988 (W.A.) (C.K.I.), and the Tobacco Control Act 1990 (W.A.) (C.K.I.). The maximum penalties would be aligned with the severity of the offence, as outlined in the relevant sections of the amended acts.