Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUSINESS FRANCHISE (“X” VIDEOS) ACT

TABLE OF PROVISIONS

   PART I--PRELIMINARY SHORT TITLE 1. THIS ACT MAY BE CITED AS THE BUSINESS FRANCHISE (“X” VIDEOS) ACT 1990.

   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      The Tax Act is incorporated and is to be read as one with this Act.  
   4.      (1) In this Act, unless the contrary intention appears—“advance fee” means the fee calculated in accordance with subsection 19 (1) or (2), as the case requires; “basic fee” means the fee calculated in accordance with section 18; “franchise fee” means the fee calculated in accordance with section 20; “licence” means a wholesale licence or a retail licence; “retail” includes—  

   PART II--LICENCES

   5.      (1) An application for a wholesale or retail “X” video merchant's licence shall be in writing and accompanied by—  
   6.      A licence remains in force until the expiration of the last day of the month in which it was granted and may be renewed in accordance with section 9.  
   7.      (1) The Commissioner may vary the conditions specified in a licence, with effect from a date specified in the notice of variation given pursuant to section 22 (being not less than 28 days after the date of the notice).  
   8.      (1) A licensee shall, no later than 28 days before—  
   9.      (1) On application by a licensee in accordance with subsection (2) for the renewal of the licence, the Commissioner shall, on receipt of the particulars (if any) required under section 18 of the Tax Act, renew the licence.  
   10.     (1) The Commissioner may cancel a licence if satisfied on reasonable grounds that—  
   11.     (1) Within 7 days after ceasing to wholesale or retail (as the case requires) “X” videos, a licensee shall not, without reasonable excuse, fail to surrender the licence by giving written notice of surrender, together with the licence, to the Commissioner.  
   12.     Upon the expiration of a licence by cancellation or lapse of time, the former licensee shall not, without reasonable excuse, fail to return the licence to the Commissioner within 7 days of its expiration.  
   13.     In addition to any records kept pursuant to section 96 of the Tax Act, a licensee shall keep such records as are prescribed.  
   14.     Where there is a change in the occupancy of a position of director, secretary or officer of a body corporate which holds a licence, or a new appointment to such a position, the body shall not, without reasonable excuse, fail to give written notice of the change or appointment to the Commissioner within 7 days after the change or appointment.  
   15.     A wholesale licensee shall write or cause to be written on the invoice issued in relation to a video supplied in pursuance of the licence the words  
   16.     In this Division—“ ‘X' video”, in relation to—  
   17.     This Division applies in relation to—  
   18.     The basic fee for the grant or renewal of a licence is $50 for each premises in relation to which a licence is held or is to be held.  
   19.     (1) The advance fee, in relation to the grant or the first renewal of a wholesale licence, is an amount equal to 40% of the total wholesale value of the “X” videos supplied by wholesale by the licensee in the month for which the licence is granted or renewed.  
   20.     (1) The franchise fee for the renewal of a wholesale licence is an amount equal to 40% of the total wholesale value of the “X” videos supplied by wholesale by the licensee in the month which is 2 months prior to the month for which the renewal is sought.  
   21.     No advance fee or franchise fee is payable in relation to the supply or offer for retail sale of an “X” video where either such fee is payable in relation to any previous supply, or any previous offer for retail sale, of that video.  

   PART III--ADMINISTRATIVE REVIEW

   22.     (1) Where the Commissioner makes a decision—  
   23.     Application may be made to the Australian Capital Territory Administrative Appeals Tribunal for a review of a decision referred to in subsection 21 (1).  

   PART IV--OFFENCES

   24.     (1) A person who is not—  
   25.     A person shall not retail an “X” video except in accordance with a retail licence.  
   26.     (1) A person who is not a wholesale licensee shall not write or cause to be written on an invoice issued in relation to an “X” video supplied by that person the words  

   PART V--MISCELLANEOUS

   27.     (1) A person who, in the opinion of the Commissioner based on reasonable grounds, wholesales or retails “X” videos without the appropriate licence is liable to pay the Territory an amount equal to the sum of the fees which would have been payable under this Act if such a licence had—  
   28.     (1) Where, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—  
   29.     Where a body corporate is convicted of an offence against this Act, other than an offence against section 14, the penalty that the Court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the Court could impose as a pecuniary penalty for that offence.  
   30.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—