Australian Capital Territory Numbered Acts

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BUSINESS FRANCHISE (“X” VIDEOS) ACT (NO. 16 OF 1990) - SECT 9

Renewal

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.

(2) An application shall be—

        (a)     made no later than 7 days before the expiration of the term of the licence;

        (b)     accompanied by the basic fee;

        (c)     accompanied by—

              (i)     in the case of the first application for the renewal of a licence—an amount equal, in the estimation of the applicant on reasonable grounds, to the advance fee; or

              (ii)     in any other case—the franchise fee; and

        (d)     the information relied on by the applicant in—

              (i)     estimating the advance fee; or

              (ii)     calculating the franchise fee;

as the case requires.

(3) The Commissioner may renew a licence on an application for renewal not made in accordance with subsection (2).

(4) If the Commissioner refuses to renew a licence, he or she shall, if the application is accompanied by the basic fee, refund to the applicant an amount equal to that fee.

(5) If the Commissioner refuses to renew a licence, he or she shall refund to the applicant an amount equal to the total of the amounts accompanying the application.

(6) Section 19 does not affect liability for a franchise fee calculated in relation to “X” videos (within the meaning of Division 3)—

        (a)     supplied by wholesale; or

        (b)     offered for retail sale;

in the first 2 months after the licence is granted.



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