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

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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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 andLocal 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 3

 2 Commencement 3

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

 4 Repeal 3

Schedule 1 Amendments of Liquor Licensing Regulations 1989 (W.A.) (C.I.)              4

 

 

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1 Name of regulations

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

2 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.

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

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

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  The Liquor Licensing Amendment Regulations 1998 (W.A.) (C.I.) are repealed.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

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[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.

 

 

Overview

The Territory of Christmas Island Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No. 1) were enacted to amend the existing liquor licensing regulations on Christmas Island. These regulations were introduced to address issues and gaps in the existing framework for liquor licensing, aiming to enhance regulatory oversight and ensure compliance with licensing requirements. The regulations were made under the authority of the Liquor Licensing Act 1988 (W.A.) (C.I.), and they were enacted by the Parliament of Western Australia. The policy objective behind these amendments was to strengthen the administration of liquor licensing on the island, particularly in relation to fee payments and document lodgements, ensuring that the licensing process is orderly and that penalties for non-compliance are clearly defined.

Scope and Application

The Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No. 1) apply to the Territory of Christmas Island and concern the amendment of the existing liquor licensing regulations. These regulations were made under the Liquor Licensing Act 1988 (W.A.) (C.I.) and are aimed at updating and refining the existing licensing framework. The regulations amend the Liquor Licensing Regulations 1989 (W.A.) (C.I.) to introduce new provisions concerning the payment of fees and penalties for late payment, as well as late lodgement of documents. This includes the introduction of a late payment penalty and the ability for the Director to suspend or cancel licenses for non-compliance. These amendments extend to all licensees and applicants within the territory and are enforced by the Director. The regulations came into effect immediately after the Liquor Licensing Amendment Regulations 1998 (W.A.) (C.I.) commenced, and the previous amendment regulations were repealed.

Key Provisions

The Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No. 1) (referred to as the "Regulations") amends the existing Liquor Licensing Regulations 1989 (W.A.) (C.I.) by introducing new provisions regarding the sale of liquor by certain individuals and the imposition of penalties for late payment of licence fees. The Regulations commence immediately after the Liquor Licensing Amendment Regulations 1998 (W.A.) (C.I.) took effect on 6 August 1997. The Regulations also repeal the Liquor Licensing Amendment Regulations 1998 (W.A.) (C.I.) upon their commencement. The Regulations impose several obligations and requirements on the parties and entities they govern. For instance, Regulation 26 sets out the fees payable for various purposes under the Act. Regulation 26A introduces penalties for late payment of licence fees, including a late payment penalty, written notices requiring payment, and potential suspension or cancellation of the licence if the fee is not paid by specified deadlines. Regulation 26B grants the Director the authority to reduce, waive, or refund any fees payable under Regulation 26 or 26A. Regulation 26C specifies that a document will not be considered lodged until the required fee is paid if it is submitted before the fee has been paid. Regulation 26D imposes late lodgement fees if a document is not submitted within the specified time, with the fee increasing if the document is submitted more than one month after the deadline. Failure to comply with the obligations and requirements set out in the Regulations may result in various consequences. Regulation 26A, for example, outlines the penalties for late payment of licence fees, which include the imposition of a late payment penalty, written notices requiring payment, and the potential suspension or cancellation of the licence if the fee is not paid by the specified deadlines. The maximum penalties for non-compliance with these provisions are not explicitly stated in the Regulations but would be determined by the relevant authorities in accordance with applicable laws and regulations. It is essential for the parties and entities governed by these Regulations to ensure compliance to avoid any potential penalties or consequences.

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