Liquor Licensing Regulations 1989 (WA)(CI) Amendment Regulations 1998 (No. 1) (Cth)

TERRITORY OF CHRISTMAS ISLAND

Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No. 1)

Regulations 1998    No. 2

I, IAN DOUGLAS MACDONALD, Minister for Regional Services, Territories and Local Government, make the following regulations under the Liquor Licensing Act 1988 (W.A.) (C.I.)

Dated 8 November 1998.

IAN MACDONALD

Minister for Regional Services, Territories and

Local Government

TERRITORY OF CHRISTMAS ISLAND

Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No. 1)

Regulations 1998    No. 2¹

made under the

Liquor Licensing Act 1988 (W.A.) (C.I.)

Contents

Page

1     Name of regulations  

2     Commencement  

3     Amendment of Liquor Licensing Regulations 1989 (W.A.) (C.I.)          

4     Repeal  

Schedule 1       Amendments of Liquor Licensing Regulations 1989 (W.A.) (C.I.)       

1. Name of regulations

These regulations are the Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No.   ).

1. Commencement

These regulations are taken to have commenced immediately after the Liquor Licensing Amendment Regulations 1998 (W.A.) (C.I.) commenced.

Note   The Liquor Licensing Amendment Regulations 1998 (W.A.) (C.I.) commenced on 6 August 1997.

1. Amendment of Liquor Licensing Regulations 1989 (W.A.) (C.I.)

Schedule 1 amends the Liquor Licensing Regulations 1989 (W.A.) (C.I.).

1. Repeal

The Liquor Licensing Amendment Regulations 1998 (W.A.) (C.I.) are repealed.

Schedule 1        Amendments of Liquor Licensing Regulations 1989 (W.A.) (C.I.)

[1]         Subparagraph 8 (1) (h) (ii)

substitute

(ii)    by a person who conducts or manages an approved private psychiatric hostel, within the meaning of the Hospitals and Health Services Act 1927, to a person who is a resident of the private psychiatric hostel; or

[2]         Regulation 26

substitute

26     Fees generally

(1)   A fee stated in Schedule 3 is the fee payable for the purpose set out opposite the fee in the Schedule.

(2)   A licence fee stated in item 3a or 3b of Schedule 3 is payable on or before 1 January in each year for which the licence is in force.

[3]         After regulation 26

insert

26A  Failure to pay fees

(1)A licensee who has not paid a licence fee payable under subregulation 26 (1) (payable licence fee) by 8 January in any year must pay the Director, in addition to the licence fee, a penalty of an amount equal to the fee (late payment penalty).

(2)   If a licensee has not paid a payable licence fee by 15 January in a year, the Director may give the licensee a written notice requiring payment of the fee and late payment penalty within 7 days after the notice is given to the licensee.

(3)If the Director gives a licensee a written notice under subregulation (2) and the licensee does not comply with the notice, the Director may suspend the licence to which the fee relates until the fee and late payment penalty are paid.

(4)   If a licensee has not paid a payable licence fee by 29 January in a year, the Director may give the licensee a written notice requiring payment of the fee and late payment penalty within 7 days after the notice is given to the licensee.

(5)If the Director gives a licensee a written notice under subregulation (4) and the licensee does not comply with the notice, the Director may cancel the licence to which the fee relates.

26B  Fee refunds etc

The Director may reduce, waive or refund any amount payable under regulation 26 or 26A.

26C  Fees for lodging documents

(1)   Subregulation (2) applies if:

(a)    a person is required, under the Act, to lodge a document with the Director within a particular time; and

(b)    a fee is payable under subregulation 26 (1) for the lodgement (lodgement fee); and

(c)    the document is lodged before the fee has been paid.

(2)   The document is taken not to have been lodged until the fee has been paid.

26D  Late lodgement

(1)   This regulation applies if:

(a)    a person is required, under the Act, to lodge a document with the Director within a particular time; and

(b)    a fee is payable under subregulation 26 (1) for the lodgement (lodgement fee); and

(c)    the document is not lodged within the time for lodgement.

(2)   If the document is lodged within 1 month after the time for lodgement has expired, the person must pay, in addition to the lodgement fee, a late lodgement fee of an amount equal to the lodgement fee.

(3)   If the document is lodged more than 1 month after the time for lodgement has expired, the person must pay, in addition to the lodgement fee, a late lodgement fee of an amount equal to 3 times the lodgement fee.

Note

1.       Notified in the Commonwealth of Australia Gazette on

 26 November 1998.  Administered by the Minister for Regional Services, Territories and Local Government.