Liquor Licensing Regulations 1989 (WA)(CI) Amendment Regulations 1999 (No. 1)

Overview

The Liquor Licensing Regulations 1989 (WA) (CI) Amendment Regulations 1999 (No. 1) were enacted by Ian Douglas Macdonald, Minister for Regional Services, Territories and Local Government, under the Liquor Licensing Act 1988 (WA) (CI). These regulations were introduced to make amendments to the existing Liquor Licensing Regulations 1989 (WA) (CI) on the Territory of Christmas Island. The primary objective of these amendments was to adjust the fee structures and processes for the lodgement of documents with the Director, as well as to provide clarity and flexibility in the fee reduction, waiver, and refund provisions. The regulations came into effect immediately after the Liquor Licensing Amendment Regulations 1998 (WA) (CI), which themselves commenced on 6 August 1997. The specific changes introduced by the Liquor Licensing Regulations 1989 (WA) (CI) Amendment Regulations 1999 (No. 1) are detailed in the Schedule 1 of the legislation.

Scope and Application

The Liquor Licensing Regulations 1989 (WA) (CI) Amendment Regulations 1999 (No. 1) apply to the Territory of Christmas Island, as an amendment to the Liquor Licensing Regulations 1989 (WA) (CI), and are made under the authority of the Liquor Licensing Act 1988 (WA) (CI). These regulations are designed to modify existing liquor licensing procedures on Christmas Island, primarily focusing on the fees associated with the lodgement of documents related to liquor licenses. They affect individuals and entities who are required to submit documents to the Director for liquor licensing purposes. The regulations also set out specific financial penalties for late lodgement of required documents. While the primary focus is on administrative adjustments within the liquor licensing framework, the scope of application is limited to the jurisdictional boundaries of the Territory of Christmas Island. No exclusions or exemptions are explicitly stated in the text, but the regulations do clarify that fees may be reduced, waived, or refunded by the director, and provide for additional late lodgement fees.

Key Provisions

The Liquor Licensing Regulations 1989 (WA) (CI) Amendment Regulations 1999 (No. 1) (Regulations 1999 No. 1) amend the Liquor Licensing Regulations 1989 (WA) (CI). These Regulations came into effect immediately after the Liquor Licensing Amendment Regulations 1998 (WA) (CI), which themselves commenced on 6 August 1997. The amendments are detailed in Schedule 1 and focus on fee-related provisions concerning the lodging of documents with the Director. Specifically, subregulation 26(2) is amended to allow the Director to reduce, waive, or refund fees associated with the lodgement of documents, in whole or in part. If a document is submitted without payment of the required fee, it is considered not to have been lodged until the fee is paid. Furthermore, if the document is submitted after the prescribed time, a late lodgement fee is applicable. If the document is lodged within one month after the expiry of the prescribed time, the late lodgement fee is equal to the prescribed lodgement fee. However, if the document is lodged more than one month late, the late lodgement fee is three times the prescribed lodgement fee. These Regulations impose obligations on parties involved in the lodgement of documents with the Director. For instance, if a document is to be submitted for lodgement, the applicable fees must be paid within the prescribed timeframe. Failure to do so results in the document not being considered lodged until the fee is paid. Additionally, if the document is submitted late, the applicable late lodgement fees must also be paid. The Director has the discretion to reduce, waive, or refund these fees, in whole or in part. The Regulations do not explicitly state the offences, penalties, or civil/criminal consequences for breaches. However, the implications of failing to comply with the fee requirements can be inferred. If a document is submitted without the required fee, it will not be considered lodged until the fee is paid, potentially causing delays and complications for the applicant. Furthermore, submitting a document late incurs additional fees, which could be seen as a financial penalty for non-compliance. The Regulations empower the Director to mitigate these penalties by reducing, waiving, or refunding fees, thereby offering a degree of flexibility and discretion in enforcement.