Australian Capital Territory Numbered Acts

BUSINESS FRANCHISE (“X” VIDEOS) (AMENDMENT) ACT 1993 (NO. 15 OF 1993) - SECT 13

13. After section 20 of the Principal Act, the following section is inserted:

“20A. (1) The franchise fee for the second month following the month in which a licence is issued is the amount of a franchise fee calculated under section 20 on the basis of the Commissioner's estimate of likely trading in ‘X' videos under the licence for a typical month, having regard to—

        (a)     in relation to trading in ‘X' videos under the licence during the month in which the licence was granted—

              (i)     if the licence took effect from the first day of that month, and the trading was continuous during that month—the wholesale value of ‘X' videos traded in that month, and the nature of such trading; or

              (ii)     if the trading was not continuous during the whole of that month—the Commissioner's estimate of the likely wholesale value of ‘X' videos which would have been traded in that month if trading had been continuous, and the likely nature of such trading; and

        (b)     in relation to trading in ‘X' videos under the licence in the month following the month in which the licence was granted—

              (i)     if the trading was continuous during the whole of that month—the Commissioner's estimate of the wholesale value of ‘X' videos traded in that month, and the nature of such trading; or

              (ii)     if the trading was not continuous during the whole of that month—the Commissioner's estimate of the likely wholesale value of ‘X' videos which would have been traded during that month if trading had been continuous, and the likely nature of such trading.

“(2) The Commissioner shall notify the relevant licensee in writing of the assessment of a franchise fee under subsection (1).

“(3) A franchise fee assessed under subsection (1) is due and payable within 14 days of the date of the notice under subsection (2).

“(4) For the purposes of this Act and the Tax Act, an amount paid to the Territory under subsection 9 (2A) is to be taken to be a payment on account of the franchise fee assessed under subsection (1).”.