Business Franchise Licences (Repeal) Act 1997 No 109
Repealed version for 3 December 1999 to 7 July 2011 (accessed 22 December 2014 at 01:26)
Status information
NSW Crest

Status information

Currency of version
Repealed version for 3 December 1999 to 7 July 2011 (accessed 22 December 2014 at 01:26).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Repeal:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2011 No 27 with effect from 8.7.2011.

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 8 July 2011.

NSW Crest

An Act to repeal the Business Franchise Licences (Petroleum Products) Act 1987 and the Business Franchise Licences (Tobacco) Act 1987.

1   Name of Act

This Act is the Business Franchise Licences (Repeal) Act 1997.

2   Commencement

This Act commences on the date of assent.

3   Repeals

The Business Franchise Licences (Petroleum Products) Act 1987 and the Business Franchise Licences (Tobacco) Act 1987 are repealed.

4   (Repealed)

5   Savings, transitional and other provisions

Schedule 2 has effect.

Schedule 1 (Repealed)

Schedule 2 Savings, transitional and other provisions

(Section 5)

Part 1 Preliminary

1   Definitions

In this Schedule:

Petroleum Franchise Act means the Business Franchise Licences (Petroleum Products) Act 1987.

Tobacco Franchise Act means the Business Franchise Licences (Tobacco) Act 1987.

2   Regulations

(1)  The Governor may make regulations containing provisions of a savings or transitional nature consequent on the repeal of the Petroleum Franchise Act and the Tobacco Franchise Act.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions relating to repeal of Petroleum Franchise Act

3   Saving of authorities and permits

An authority or permit in force under Part 5A of the Petroleum Franchise Act immediately before the commencement of this Act is taken to continue in force, subject to the Petroleum Products Subsidy Act 1997, as an authority or permit granted under that Act.

4   Immunity of officers and others

(1)  The provisions of section 27 of the Petroleum Franchise Act are taken to continue to apply in respect of anything done by the Chief Commissioner or any other officer or person before the commencement of this Act.
(2)  For the purpose of determining any liability of an individual, a determination in any proceedings of whether a matter or thing was done for the purpose of executing the Petroleum Franchise Act is to be made as though all the provisions of that Act were valid at the time the matter or thing was done.

Part 3 Provisions relating to repeal of Tobacco Franchise Act

5   Immunity of officers and others

(1)  The provisions of section 27 of the Tobacco Franchise Act are taken to continue to apply in respect of anything done by the Chief Commissioner or any other officer or person before the commencement of this Act.
(2)  For the purpose of determining any liability of an individual, a determination in any proceedings of whether a matter or thing was done for the purpose of executing the Tobacco Franchise Act is to be made as though all the provisions of that Act were valid at the time the matter or thing was done.

6   Tobacco in possession of Chief Commissioner

(1)  It is the duty of the Chief Commissioner to deliver to any person appearing to the Chief Commissioner to be entitled to it any tobacco that was seized in purported execution of the provisions of the Tobacco Franchise Act.
(2)  No action against the Crown, the State of New South Wales, the Chief Commissioner or any other person may be commenced or maintained for any trespass occasioned by a seizure of any tobacco in purported execution of the provisions of the Tobacco Franchise Act or for any injury, loss or damage arising from any such seizure.
(3)  Tobacco to which no person appears to the Chief Commissioner to be entitled may be sold or otherwise disposed of in such manner as the Chief Commissioner thinks fit.

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Business Franchise Licences (Repeal) Act 1997 No 109. Assented to 9.12.1997. Date of commencement, assent, sec 2. This Act has been amended as follows:

1999

No 85

Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999.
Date of commencement of Sch 4, assent, sec 2 (1).

Table of amendments

Sec 4

Rep 1999 No 85, Sch 4.

Sch 1

Rep 1999 No 85, Sch 4.

Top of page