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Business Franchise (Tobacco and Petroleum Products) (Amendment) Act 1995 . . Page.. 1416 ..

Mr Speaker, the Business Franchise (Tobacco and Petroleum Products) Bill 1995 contains a number of measures which will ensure that all tobacco and petroleum products destined for sale in the ACT will come within the regulatory and revenue provisions of the Business Franchise (Tobacco and Petroleum Products) Act 1984. Other measures in the Bill will improve the administration and, importantly, equity of the Act. In July and August several tobacco licensees engaged in significant discounting of tobacco products in a manner which precluded the products from the regulatory and revenue framework of the Act. Mr Speaker, the Government is clearly committed to the regulation of both tobacco and petroleum products in the ACT. Accordingly, we cannot allow avoidance schemes which undermine the regulation of these products to continue. The anti-avoidance provisions of the Bill include an expansive definition of “sell” which will bring free or exchange tobacco and petroleum products within the Act and which will deem transactions occurring outside the Territory of goods which are destined for the Territory to be sales within the scope of the Act.

Mr Speaker, I have also tabled an amendment to the Bill imposing a sunset clause on the deeming provision. That was circulated yesterday. A similar deeming provision in New South Wales legislation is currently before the High Court, and in the expectation that the High Court will rule within two years the Government has decided to limit the duration of this particular measure to a period of two years. Accordingly, the amendment imposes a two-year sunset clause on the deeming provision of the Bill. These are significant measures introduced by this Bill, and I am very pleased that the Assembly will be supporting them today. I am also very appreciative that the Assembly was willing to handle this Bill as quickly as it did, so as to ensure that the revenue base of the Territory was protected.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail Stage

Bill, by leave, taken as a whole

MRS CARNELL (Chief Minister and Treasurer) (12.00): I move:

Page 3, line 8, clause 4, proposed new subsection 3(12), after proposed new subsection 3(11), insert the following subsection:

“(12) Subsection (11) ceases to have effect on the expiration of the period of 2 years commencing on the day on which section 4 of the Business Franchise (Tobacco and Petroleum Products) (Amendment) Act 1995 commences.”.

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