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Franchise Fees Windfall Tax (Collection) Act 1997
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#### 4 Definitions
(1) In this Act, unless the contrary intention appears:
> Commissioner means the Commissioner of Taxation.
> liable to repay has the meaning given by subsection (3).
> State includes the Australian Capital Territory and the Northern Territory.
> State franchise law has the meaning given by subsection (2).
> windfall tax means the tax payable under this Act.
(2) The following are State franchise laws for the purposes of this Act:
(a) the Business Franchise (Liquor) Act 1993 of the Australian Capital Territory;
(b) the Business Franchise (Tobacco and Petroleum Products) Act 1984 of the Australian Capital Territory;
(c) the Business Franchise Licenses (Petroleum Products) Act 1987 of New South Wales;
(d) the Business Franchise Licences (Tobacco) Act 1987 of New South Wales;
(e) the Liquor Act 1982 of New South Wales;
(f) the Business Franchise Act 1978 of the Northern Territory;
(g) the Liquor Act 1978 of the Northern Territory;
(h) the Liquor Act 1992 of Queensland;
(i) the Tobacco Products (Licensing) Act 1988 of Queensland;
(j) the Business Franchise (Petroleum Products) Act 1979 of South Australia;
(k) the Liquor Licensing Act 1985 of South Australia;
(l) the Petroleum Products Regulation Act 1995 of South Australia;
(m) the Tobacco Products (Licensing) Act 1986 of South Australia;
(n) the Tobacco Products Regulation Act 1997 of South Australia;
(o) the Liquor and Accommodation Act 1990 of Tasmania;
(p) the Tobacco Business Franchise Licences Act 1980 of Tasmania;
(q) the Petroleum Products Business Franchise Licences Act 1981 of Tasmania;
(r) the Business Franchise (Petroleum Products) Act 1979 of Victoria;
(s) the Business Franchise (Tobacco) Act 1974 of Victoria;
(t) the Liquor Control Act 1987 of Victoria;
(u) the Business Franchise (Tobacco) Act 1975 of Western Australia;
(v) the Liquor Licensing Act 1988 of Western Australia;
(w) the Transport Co‑ordination Act 1966 of Western Australia.
(3) For the purposes of this Act, a State is liable to repay an amount to a person if:
(a) the State is liable to repay the amount to the person; or
(b) the State is required or permitted to offset the amount against other amounts that are owing, or may become owing, to the State by the person; or
(c) the State is required or permitted to apply the amount for the benefit of the person in any other way.