Page 165 - Week 01 - Wednesday, 17 February 1993
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The amendments proposed in this Bill will ensure that the ACT's X video licensing scheme is brought closer to the business franchise model validated by the High Court - liquor and tobacco. The amendments propose changes to the current advance fee provisions which apply on the initial grant and first renewal of a licence. Currently, the advance fee is payable on the estimated value of X videos manufactured or otherwise supplied for retail sale during the first two months and an adjustment of the fee is made when the actual figures are known. The proposed amendments will allow the Commissioner for ACT Revenue to assess an initial fee having regard to criteria specified in the legislation. This fee will not be subject to further adjustment. The commissioner's assessment will be subject to appeal by a licensee to the Administrative Appeals Tribunal. Such provisions will strengthen the position that the franchise fees are payable for a licence to trade in the future and are not an excise duty payable directly on a licensee's sales.
The Bill also includes two other amendments to strengthen and improve the administration of the X video scheme. The Bill will amend the definition of wholesale value specifically to include Commonwealth taxes and duties. This was always intended and on a proper reading of the Act this should be the clear meaning, but because industry sources have suggested otherwise, it is proposed to expand the definition accordingly.
The other area of administration which requires legislative attention is in relation to the fitness of a corporate licensee to gain or retain a licence. At present the Act requires the commissioner to be satisfied that a licensee meets certain standards of fitness and propriety in order to obtain a licence. The Act further provides that the commissioner may cancel a licence if he or she is satisfied on reasonable grounds that the licensee has committed certain offences. Where the licensee is a corporate body, the Act provides for these requirements to be met by the directors, secretaries and officers of the company. A clear weakness is the omission of persons able to influence decisions of the corporate body - for example, major shareholders. This weakness is overcome by the inclusion in the Act of a comprehensive definition of influential persons and by applying the requirements of, for example, fitness and propriety to them. It is proposed that these changes will take effect from 1 April 1993. I now present the explanatory memorandum for the Bill.
Debate (on motion by Mr De Domenico) adjourned.
STAMP DUTIES AND TAXES (AMENDMENT) BILL 1993
MS FOLLETT (Chief Minister and Treasurer) (3.21): Madam Speaker, I present the Stamp Duties and Taxes (Amendment) Bill 1993.
Title read by Clerk.
MS FOLLETT: I move:
That this Bill be agreed to in principle.
This Bill amends the Stamp Duties and Taxes Act 1987. The Act provides for stamp duties on a range of documents and transactions, including duty on the initial registration or transfer of a motor vehicle. In the case of private sales
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