Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUSINESS FRANCHISE (LIQUOR) ACT 1993 (REPEALED) - SECT 10

(1)     The quarterly franchise fee for the second quarter following the quarter in which a licence is issued is the amount of a quarterly franchise fee calculated under section 9 on the basis of the Commissioner's estimate of liquor trading under the licence for a typical quarter, having regard to—

        (a)     in relation to liquor trading under the licence in the base quarter—

              (i)     if the licence took effect from the first day of the base quarter, and liquor trading was continuous during that quarter—the aggregate of amounts paid or payable by the licensee for liquor traded in that quarter, and the nature of such trading; or    

              (ii)     if liquor trading was not continuous during the whole of the base quarter—the Commissioner's estimate of the aggregate of amounts likely to have been payable by the licensee for liquor traded in the base quarter if trading had been continuous, and the likely nature of such trading; and

        (b)     in relation to liquor trading under the licence in the quarter following the base quarter—

              (i)     if liquor trading was continuous during the whole of that quarter—the Commissioner's estimate of the aggregate of amounts paid or payable by the licensee for liquor traded in that quarter, and the nature of such trading; or

              (ii)     if liquor trading was not continuous during the whole of that quarter—the Commissioner's estimate of the aggregate of amounts likely to have been payable by the licensee for liquor traded in that quarter 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 quarterly franchise fee under subsection (1).

(3)     A quarterly 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 Administration Act, an amount paid to the Territory under subsection 14 (3) is to be taken to be a payment on account of the franchise fee assessed under subsection (1).