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PARLIAMENT OF VICTORIA
Business Franchise Fees (Safety Net) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--BUSINESS FRANCHISE (PETROLEUM PRODUCTS)
ACT 1979 3
3. Definitions 3
4. New section 3A inserted 3
3A. Transitional provision 3
5. Repeal of licensing and spent provisions 3
6. New section 17 inserted 4
17. Treasurer may make payments 4
7. New sections 18 to 26 inserted 4
18. Treasurer may require information 4
19. Diesel fuel exemption certificates 5
20. Register of exemption certificates 7
21. Records to be made and kept by petroleum retailers and
wholesalers 7
22. Transportation records 8
23. Production of transportation records 9
24. Temporary custody of road vehicles 10
25. Forfeiture of petroleum products 11
26. Offences by persons involved in management of bodies
corporate 11
PART 3--BUSINESS FRANCHISE (TOBACCO) ACT 1974 14
8. Definitions and secrecy 14
9. Repeal of licensing provisions 14
10. Amendment of enforcement provisions 14
11. New section 23 inserted 17
23. Transitional provision 17
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Clause Page
PART 4--LIQUOR CONTROL ACT 1987 18
12. Amendment of Parts 1 and 2 18
13. Transfer, renewal, surrender and cancellation of licences 18
14. Removal of requirement to keep liquor purchases register 19
15. New section 113 substituted 19
113. Fees for licences, permits and extended hours permits 19
16. Consequential amendments 21
17. New section 119A inserted 21
119A. Treasurer may make payments 21
18. New sections 119B and 119C inserted 22
119B. Treasurer may require information 22
119C. Records to be made and kept by producers and
distributors 22
19. Recovery of fees 23
20. Statute law revision 23
PART 5--TOBACCO ACT 1987 25
21. Victorian Health Promotion Fund 25
NOTES 26
ii
531267B.I1-11/11/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Business Franchise (Petroleum Products) Act 1979,
the Business Franchise (Tobacco) Act 1974, the Liquor Control
Act 1987 and the Tobacco Act 1987 and for other purposes.
Business Franchise Fees (Safety Net)
Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the Business Franchise Acts to
5 remove the requirement for petroleum and
tobacco wholesalers and retailers to be
licensed or pay a licence fee; and
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(b) to amend the Liquor Control Act 1987 to
remove the requirement for liquor licensees
to pay ad valorem licence fees; and
(c) to authorise the Treasurer to make certain
5 payments and appropriate the Consolidated
Fund for that purpose; and
(d) to make consequential amendments to the
Tobacco Act 1987; and
(e) to make miscellaneous amendments to the
10 Business Franchise Acts and the Liquor
Control Act 1987.
2. Commencement
(1) Part 4 (except sections 13(5), 18 and 20) is
deemed to have come into operation at 3.30 p.m.
15 on 6 August 1997.
(2) Parts 2 (except sections 3(2) and 7) and 3 (except
section 10) are deemed to have come into
operation on 7 August 1997.
(3) The remaining provisions of this Act come into
20 operation on the day on which this Act receives
the Royal Assent.
_______________
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PART 2--BUSINESS FRANCHISE (PETROLEUM
PRODUCTS) ACT 1979
3. Definitions
No. 9272.
(1) In section 2(1) of the Business Franchise
Reprinted to
5 (Petroleum Products) Act 1979 the definition of No. 80/1994
"licensed premises" is repealed. and
subsequently
(2) In section 2(1) of the Business Franchise amended by
Nos 42/1996,
(Petroleum Products) Act 1979-- 40/1997 and
49/1997.
(a) after the definition of "diesel fuel" insert--
10 ' "exemption certificate" means diesel fuel
exemption certificate issued under
section 19;';
(b) after the definition of "petroleum
wholesaling" insert--
15 ' "prescribed capacity", in relation to a
tank containing petroleum products,
means 3000 litres;'.
4. New section 3A inserted
After section 3 of the Business Franchise
20 (Petroleum Products) Act 1979 insert--
"3A. Transitional provision
Section 4, as in force immediately before the
commencement of section 5(a) of the
Business Franchise Fees (Safety Net) Act
25 1997, continues to apply in respect of
anything done before that commencement.".
5. Repeal of licensing and spent provisions
In the Business Franchise (Petroleum Products)
Act 1979--
30 (a) sections 4, 5, 6, 7, 7A, 8, 9, 10, 11, 11A and
12 are repealed;
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(b) in section 13(2)--
(i) in paragraph (a) omit "and";
(ii) paragraph (b) is repealed;
(c) sections 14 and 16 are repealed.
5 6. New section 17 inserted
At the end of the Business Franchise (Petroleum
Products) Act 1979 insert--
"17. Treasurer may make payments
(1) The Treasurer may, from time to time, pay
10 amounts determined by the Treasurer--
(a) to persons who sell, or have sold, diesel
fuel for use by holders of exemption
certificates otherwise than for
propelling diesel engined road vehicles
15 on roads;
(b) to holders of exemption certificates
who purchase, or have purchased,
diesel fuel for use otherwise than for
propelling diesel engined road vehicles
20 on roads;
(c) to persons who carry on, or have
carried on, a business of petroleum
wholesaling in respect of which duties
of excise have been paid to the
25 Commonwealth.
(2) The Consolidated Fund is appropriated to the
necessary extent for the purposes of sub-
section (1).".
7. New sections 18 to 26 inserted
30 After section 17 of the Business Franchise
(Petroleum Products) Act 1979 insert--
"18. Treasurer may require information
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(1) For the purpose of determining whether to
make a payment under section 17, or the
amount of a payment, the Treasurer may
require a person referred to in section
5 17(1)(a), (b) or (c)--
(a) to give the Treasurer any information
required by the Treasurer; or
(b) to produce to the Treasurer any
document required by the Treasurer.
10 (2) A person must not give any information or
produce any document under sub-section (1)
that is false or misleading in a material
particular.
Penalty: 500 penalty units in the case of a
15 body corporate;
100 penalty units in any other
case.
19. Diesel fuel exemption certificates
(1) A person who has purchased, or intends to
20 purchase, diesel fuel for use otherwise than
for propelling diesel engined road vehicles
on roads may apply to the Commissioner for
a diesel fuel exemption certificate.
(2) An application under sub-section (1) must be
25 in the form approved by the Commissioner
and must contain--
(a) the applicant's name and address; and
(b) any other information required by the
Commissioner; and
30 (c) a statutory declaration by the applicant
or, if the applicant is a corporation, a
director of the applicant, verifying the
information in the application.
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(3) The Commissioner must issue an exemption
certificate to an applicant under this section
unless the Commissioner is satisfied--
(a) that the application is false or
5 misleading in any material particular;
or
(b) that the applicant has been convicted of
an offence against this Act or an
indictable offence involving
10 dishonesty--
in which case the Commissioner may refuse
to issue a certificate.
(4) An exemption certificate is valid for 3 years
from the date of its issue, unless revoked
15 sooner, and may be renewed on application
under this section.
(5) The Commissioner may revoke an
exemption certificate by giving written
notice to the holder of the certificate if the
20 Commissioner is satisfied--
(a) that the holder of the certificate has
been convicted of an offence against
this Act or an indictable offence
involving dishonesty; or
25 (b) that the holder of the certificate no
longer requires the purchase of diesel
fuel for use otherwise than for
propelling diesel engined road vehicles
on a road.
30 (6) A certificate issued to a person by the
Commissioner before the commencement of
this section--
(a) that states that the person is a person
who requires diesel fuel for use
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otherwise than for propelling diesel
engined road vehicles on roads; and
(b) that is in force at the commencement of
this section--
5 is deemed to be an exemption certificate
issued under this section and is valid for 3
years from that commencement, unless
revoked earlier.
20. Register of exemption certificates
10 (1) The Commissioner must keep a register of
the holders of exemption certificates.
(2) Any person may inspect the register at the
office of the Commissioner during ordinary
office hours without charge.
15 (3) The Commissioner may publish the register,
or extracts from it, in any manner he or she
thinks fit.
21. Records to be made and kept by petroleum
retailers and wholesalers
20 (1) A person who carries on the business of
petroleum retailing must make a record of
purchases of petroleum products and keep
each record for a period of 5 years after it
was made.
25 (2) A person who carries on the business of
petroleum wholesaling must make a record
of sales and purchases of petroleum products
and keep each record for a period of 5 years
after it was made.
30 (3) A record under this section must be in the
form, and contain the particulars, required by
the Commissioner.
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(4) A person must not--
(a) fail to make or keep a record as
required by this section; or
(b) include in a record under this section
5 any information that is false or
misleading in a material particular.
Penalty: 500 penalty units in the case of a
body corporate;
100 penalty units in any other
10 case.
(5) A record under this section need not be kept
for 5 years if the Commissioner authorises
its earlier destruction.
22. Transportation records
15 (1) If petroleum products are to be transported in
Victoria by road vehicle in a tank having a
capacity that exceeds the prescribed
capacity, the person on whose behalf the
petroleum products are to be transported
20 must complete a transportation record in
respect of the petroleum products and give
the record to the carrier at or before the
commencement of the transportation.
Penalty: 20 penalty units.
25 (2) The transportation record must be in a form
approved by the Commissioner and must
contain--
(a) the date and address at which the
transportation is to commence;
30 (b) the class and quantity of the petroleum
products;
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(c) the name and address of the person on
whose behalf the petroleum products
are to be transported;
(d) if the person on whose behalf the
5 petroleum products are to be
transported is not the owner of the
petroleum products, the name and
address of the owner;
(e) the name of the person (if any) to
10 whom the carrier is to transport the
petroleum products;
(f) the address to which the carrier is to
transport the petroleum products;
(g) the name and address of the person (if
15 any) who has agreed to purchase the
petroleum products.
(3) A person must not include in a transportation
record any information that is false or
misleading in a material particular.
20 Penalty: 20 penalty units.
(4) At all times while petroleum products are
being transported in Victoria by road vehicle
in a tank having a capacity that exceeds the
prescribed capacity the carrier must ensure
25 that the transportation record relating to the
petroleum products is carried in the vehicle.
Penalty: 20 penalty units.
23. Production of transportation records
(1) If an inspector reasonably suspects that
30 petroleum products are being transported by
road vehicle in a tank having a capacity that
exceeds the prescribed capacity, he or she
may search the vehicle.
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(2) If a search under sub-section (1) reveals
petroleum products in a tank having a
capacity that exceeds the prescribed
capacity, the inspector may request the
5 driver of the vehicle to produce the
transportation record relating to the
petroleum products for inspection.
(3) A driver must comply with a request under
sub-section (2).
10 Penalty: 100 penalty units.
(4) For the purposes of this section a member of
the police force, at the request of an
inspector, may request or signal the driver to
stop the vehicle.
15 (5) A driver must comply with a request or
signal under sub-section (4).
Penalty: 100 penalty units.
24. Temporary custody of road vehicles
(1) If the driver of a road vehicle--
20 (a) does not produce a transportation
record to an inspector as required by
section 23(3); or
(b) produces a transportation record that
the inspector reasonably believes is
25 false or misleading in a material
particular--
the inspector may request the driver to drive
the vehicle to another place within a
reasonable distance, as determined by the
30 inspector, where the petroleum products can
be unloaded.
(2) If the driver does not comply with a request
under sub-section (1), a member of the
police force, at the request of the inspector,
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may take charge of the road vehicle for the
purpose of driving it, or causing it to be
driven, to the other place.
(3) As soon as practicable after arrival at the
5 other place--
(a) the inspector must unload, and may
seize, the petroleum products; and
(b) if the inspector seizes the petroleum
products, he or she must tender to the
10 driver a receipt for the petroleum
products containing a notice setting out
the provisions of section 25.
25. Forfeiture of petroleum products
(1) If a person is convicted of an offence against
15 section 22 or 23, any petroleum products
seized from the person under section 24(3)
or under section 14(2)(ba) or 15A of the
Business Franchise (Tobacco) Act 1974 are
forfeited to, and become the property of, the
20 State.
(2) The Commissioner, on behalf of the State,
may dispose of petroleum products that have
become the property of the State in any
manner he or she thinks fit.
25 26. Offences by persons involved in
management of bodies corporate
(1) If a body corporate, by act or omission,
contravenes a provision of this Act, a person
who is concerned in, or takes part in, the
30 management of the body corporate is,
subject to sub-section (2), to be taken to have
contravened the same provision.
(2) A person is not to be taken to have
contravened the provision if the person
35 satisfies the court that--
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(a) the body corporate contravened the
provision without the person's
knowledge; or
(b) the person was not in a position to
5 influence the conduct of the body
corporate in relation to its
contravention of the provision; or
(c) the person, if in such a position, used
all due diligence to prevent the
10 contravention by the body corporate.
(3) A person may be convicted of a
contravention of a provision of this Act
whether or not the body corporate has been
convicted of its contravention.
15 (4) This section does not affect a liability
imposed on a body corporate for an offence
committed by it against this Act.
(5) For the purposes of this section, the
following persons are persons who are
20 concerned in, or take part in, the
management of a body corporate--
(a) a director of the body corporate;
(b) a secretary of the body corporate;
(c) a receiver and manager of property of
25 the body corporate;
(d) an official manager or deputy official
manager of the body corporate;
(e) a liquidator of the body corporate
appointed in a voluntary winding up of
30 the body corporate;
(f) a trustee or other person administering
a compromise or arrangement made
between the body corporate and another
person or other persons.".
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_______________
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Act No.
PART 3--BUSINESS FRANCHISE (TOBACCO) ACT 1974
8. Definitions and secrecy
No. 8597. In the Business Franchise (Tobacco) Act 1974--
Reprinted as
(a) in section 2(1) the definitions of "licence",
at 23 January
1997. Further
5 "licensed premises", "licensee", "listed
amended by
company", "major shareholder", and
No. 40/1997.
"transportation record" are repealed;
(b) in section 5(2) for "this Act" (wherever
occurring) substitute "the Business
10 Franchise Acts".
9. Repeal of licensing provisions
In the Business Franchise (Tobacco) Act 1974--
(a) sections 5A, 6, 7, 7AA, 7AB, 7AC, 7AD,
7AE, 7AF, 7AG, 7AH, 7AI, 7AJ, 7A, 7B, 8,
15 9, 9AA, 9A, 9B, 9BA, 9C, 9D, 9E, 10, 11,
11A, 11B, 11D, 12, 13, 13A, 13B, 13C, 13D,
18D, 19, 19A and 19AB are repealed;
(b) in section 21A omit "7AH or".
10. Amendment of enforcement provisions
20 (1) In the Business Franchise (Tobacco) Act 1974--
(a) in section 14(2)--
(i) omit "tobacco or" wherever occurring;
(ii) in paragraph (c) omit "any licensee or";
(b) in section 14(5)--
25 (i) omit "tobacco or" wherever occurring;
(ii) for "section 15B" (where twice
occurring) substitute "section 25 of the
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Business Franchise (Petroleum
Products) Act 1979";
(c) in section 15(1)(c) omit "tobacco or".
(2) In section 15A of the Business Franchise
5 (Tobacco) Act 1974 for sub-section (1)
substitute--
"(1) If a magistrate is satisfied by the evidence on
oath, whether oral or by affidavit, of the
Commissioner that there is reasonable
10 ground for suspecting that there are on
particular premises or at a particular place or
in or on a particular vehicle any petroleum
products, books, papers or other documents
that are relevant to the administration or
15 execution of the Business Franchise Acts,
the magistrate may issue a warrant
authorising any member of the police force,
together with any other person named in the
warrant--
20 (a) to enter the premises, place or vehicle
(using such force as is necessary for the
purpose);
(b) to search for and seize, or secure
against interference, any petroleum
25 products, books, papers or other
documents that appear to be relevant to
the administration or execution of the
Business Franchise Acts;
(c) if reasonably necessary for the purposes
30 referred to in paragraph (b), to break
open any receptacle in or on the
premises, place or vehicle;
(d) to deliver any petroleum products,
books, papers or other documents
35 seized under the warrant to the
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Commissioner or a person authorised
by the Commissioner.".
(3) In section 15A(3) of the Business Franchise
(Tobacco) Act 1974 for "takes possession of"
5 substitute "seizes".
(4) In section 15A of the Business Franchise
(Tobacco) Act 1974 for sub-section (3A)
substitute--
"(3A) If a person seizes petroleum products under
10 sub-section (1), he or she--
(a) if the petroleum products were,
immediately before seizure, apparently
in the possession or custody of another
person, must give that other person a
15 written notice setting out the provisions
of section 25 of the Business
Franchise (Petroleum Products) Act
1979; or
(b) if the petroleum products were not,
20 immediately before seizure, apparently
in the possession or custody of another
person, must leave a written notice
setting out the provisions of section 25
of the Business Franchise (Petroleum
25 Products) Act 1979 in a prominent
place on the premises, place or vehicle
where the petroleum products were
seized.".
(5) In section 15A(4) of the Business Franchise
30 (Tobacco) Act 1974 for "taking of possession"
substitute "seizure".
(6) In section 19E(1) of the Business Franchise
(Tobacco) Act 1974--
(a) in paragraph (g) omit "or" where thirdly
35 occurring;
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(b) after paragraph (h) insert--
"(i) a person named in the certificate is, or
is not, or at any particular time was, or
was not, the holder of an exemption
5 certificate under the Business
Franchise (Petroleum Products) Act
1979--".
(7) In Schedule 1 to the Business Franchise
(Tobacco) Act 1974--
10 (a) omit "tobacco or" wherever occurring;
(b) for "assessment or collection of a licence fee
payable under" substitute "administration or
execution of the".
11. New section 23 inserted
15 After section 22 of the Business Franchise
(Tobacco) Act 1974 insert--
"23. Transitional provision
Section 6, as in force immediately before the
commencement of section 9(a) of the
20 Business Franchise Fees (Safety Net) Act
1997, continues to apply in respect of
anything done before that commencement.".
_______________
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Act No.
PART 4--LIQUOR CONTROL ACT 1987
12. Amendment of Parts 1 and 2
No. 97/1987. In the Liquor Control Act 1987--
Reprinted to
(a) in section 3--
No. 97/1995
and
5 subsequently (i) the definition of "Commissioner of
amended by
State Revenue" is repealed;
Nos 35/1996,
44/1996,
(ii) in paragraph (a) of the definition of
84/1996 and
16/1997.
"prescribed liquor" for "3.8" substitute
"3.5";
10 (b) section 4 is repealed;
(c) in section 43(2) paragraph (c) is repealed.
13. Transfer, renewal, surrender and cancellation of
licences
(1) In the Liquor Control Act 1987--
15 (a) in section 63(5)--
(i) at the end of paragraph (k) omit "and";
(ii) paragraph (l) is repealed;
(b) in section 69(3)--
(i) in paragraph (b) for "paragraphs (k) and
20 (l)" substitute "paragraph (k)";
(ii) paragraphs (c) and (e) are repealed;
(iii) at the end of paragraph (d) omit "and".
(2) In section 90 of the Liquor Control Act 1987 for
sub-section (3) substitute--
25 "(3) The licence or permit or extended hours
permit remains suspended until the licensee
or permittee pays the required fee.".
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(3) In section 90 of the Liquor Control Act 1987--
(a) in sub-section (4) for "1 March" substitute
"30 June";
(b) sub-sections (5) and (6) are repealed.
5 (4) In section 98 of the Liquor Control Act 1987
sub-sections (2), (6) and (9) are repealed.
(5) At the end of section 99 of the Liquor Control
Act 1987 insert--
"(2) An agent or mortgagee authorised under sub-
10 section (1) is subject and liable to the same
duties, liabilities, obligations,
disqualifications and penalties as if he or she
were the licensee or permittee in respect of
such premises.".
15 (6) In section 101 of the Liquor Control Act 1987
for sub-section (7) substitute--
"(7) If a residential licence is cancelled, the
person who held the licence must forthwith
give to the Chief Executive Officer the
20 residents' register or a copy of the residents'
register kept by the licensee under section
108.
Penalty: 5 penalty units.".
14. Removal of requirement to keep liquor purchases
25 register
Section 109 of the Liquor Control Act 1987 is
repealed.
15. New section 113 substituted
For section 113 of the Liquor Control Act 1987
30 substitute--
'113. Fees for licences, permits and extended
hours permits
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(1) The fee for a residential licence, general
licence, on-premises licence, packaged
liquor licence or club licence (other than a
restricted club licence) is $150 or the
5 prescribed amount, whichever is higher.
(2) The fee for a producer's or distributor's
licence is--
(a) in the case of a licence granted to a
vigneron--$150 or the prescribed
10 amount, whichever is higher;
(b) in the case of a licence granted to a
producer or distributor of liquor--$150
or the prescribed amount, whichever is
higher.
15 (3) The fee for a limited licence is--
(a) if the gross amount paid or payable by
the licensee for all liquor, other than
prescribed liquor, during the period of
the licence is less than $2000--$37 or
20 the prescribed amount, whichever is
higher;
(b) if the gross amount paid or payable by
the licensee for all liquor, other than
prescribed liquor, during the period of
25 the licence is $2000 or more--$150 or
the prescribed amount, whichever is
higher;
(c) in the case of a limited licence granted
to an auctioneer--$150 or the
30 prescribed amount, whichever is
higher;
(d) if the applicant for the limited licence is
the holder of a licence (other than
another limited licence)--nil.
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(4) The fee for a restricted club licence is $38 or
the prescribed amount, whichever is higher.
(5) The fee for a BYO permit is $115 or the
prescribed amount, whichever is higher.
5 (6) The fee for an extended hours permit is the
prescribed amount.
(7) In this section, "limited licence granted to
an auctioneer" means a licence granted to a
person who holds a licence under the
10 Auction Sales Act 1958, or to a corporation
a director of which holds such a licence,
authorising the licensee to sell and dispose of
liquor at an auction conducted by the
licensee.'.
15 16. Consequential amendments
In the Liquor Control Act 1987 sections 114,
115, 116, 117, 118 and 119 are repealed.
17. New section 119A inserted
At the end of Part 5 of the Liquor Control Act
20 1987 insert--
"119A. Treasurer may make payments
(1) The Treasurer may, from time to time, pay
amounts determined by the Treasurer--
(a) to licensees in respect of licence fees
25 paid before 6 August 1997 in respect of
1997 licences;
(b) to persons who hold, or have held,
licences relating to the sale of liquor in
respect of which sales taxes have been
30 paid to the Commonwealth.
(2) The Consolidated Fund is appropriated to the
necessary extent for the purposes of sub-
section (1).".
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s. 18
Act No.
18. New sections 119B and 119C inserted
After section 119A of the Liquor Control Act
1987 insert--
"119B. Treasurer may require information
5 (1) For the purpose of determining whether to
make a payment under section 119A, or the
amount of a payment, the Treasurer may
require a person referred to in section
119A(1)(a) or (b)--
10 (a) to give the Treasurer any information
required by the Treasurer; or
(b) to produce to the Treasurer any
document required by the Treasurer.
(2) A person must not give any information or
15 produce any document under sub-section (1)
that is false or misleading in a material
particular.
Penalty: 500 penalty units in the case of a
body corporate;
20 100 penalty units in any other
case.
119C. Records to be made and kept by producers
and distributors
(1) A person who holds a producer's or
25 distributor's licence must make a record of
sales and purchases of liquor and keep each
record for a period of 5 years after it was
made.
(2) A record under this section must be in the
30 form, and contain the particulars, required by
the Commissioner of State Revenue.
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Business Franchise Fees (Safety Net) Act 1997
s. 19
Act No.
(3) A person must not--
(a) fail to make or keep a record as
required by this section; or
(b) include in a record under this section
5 any information that is false or
misleading in a material particular.
Penalty: 500 penalty units in the case of a
body corporate;
100 penalty units in any other
10 case.
(4) A record under this section need not be kept
for 5 years if the Commissioner of State
Revenue authorises its earlier destruction.".
19. Recovery of fees
15 In section 145A(1) of the Liquor Control Act
1987--
(a) paragraph (a) is repealed;
(b) in paragraph (c) omit "or 115";
(c) paragraphs (d), (e), (f), (g), (h), (i) and (j) are
20 repealed.
20. Statute law revision
In the Liquor Control Act 1987--
(a) in section 3 the definition of "prescribed
area" is repealed;
25 (b) section 4B is repealed;
(c) in section 75(1) omit ", association, group of
associations";
(d) in section 101(5) paragraph (ba) is repealed;
(e) sections 112A and 112B are repealed;
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s. 20
Act No.
(f) in section 145A--
(i) in sub-section (1) paragraph (aa) is
repealed;
(ii) sub-section (4A) is repealed;
5 (g) section 157A is repealed;
(h) in section 166(2) for "institition" substitute
"institution".
_______________
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Business Franchise Fees (Safety Net) Act 1997
s. 21
Act No.
PART 5--TOBACCO ACT 1987
21. Victorian Health Promotion Fund
No. 81/1987.
(1) In section 32 of the Tobacco Act 1987 for sub-
Reprinted to
section (3) substitute-- No. 42/1995
and
5 "(3) All money received by the Foundation must subsequently
be paid into the Fund. amended by
No. 16/1997.
(3A) There shall be paid out of the Consolidated
Fund (which is to the necessary extent
appropriated accordingly) into the Victorian
10 Health Promotion Fund, in respect of the
financial year commencing on 1 July 1997,
an amount of $21 395 000 in such
instalments and at such times as are
determined by the Treasurer.".
15 (2) In section 32(4) of the Tobacco Act 1987 in
paragraphs (a) and (b) omit ", being not less than
30 per centum of the Victorian Health Promotion
Levy,".
(3) After section 33(2) of the Tobacco Act 1987
20 insert--
"(2A) The amounts included in the budget for a
financial year to be paid out of the Fund to
sporting bodies and to bodies for the purpose
of health promotion must each be not less
25 than 30% of the total money budgeted to be
paid into the Fund out of the Consolidated
Fund in that year.".
(4) Part 5 of the Tobacco Act 1987 is repealed.
30
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
26
531267B.I1-11/11/97
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