TERRITORY OF COCOS (KEELING) ISLANDS
Liquor Licensing Regulations 1989 (W.A.) (C.K.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.K.I.)
Dated 8 November 1998.
IAN MACDONALD
Minister for Regional Services, Territories andLocal Government
TERRITORY OF COCOS (KEELING) ISLANDS
Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No. 1)
Regulations 1998 No. 21
made under the
Liquor Licensing Act 1988 (W.A.) (C.K.I.)
Contents
Page
1 Name of regulations 3
2 Commencement 3
3 Amendment of Liquor Licensing Regulations 1989 (W.A.) (C.K.I) 3
4 Repeal 3
Schedule 1 Amendments of Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) 4
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1 Name of regulations
These regulations are the Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No. 1).
2 Commencement
These regulations are taken to have commenced immediately after the Liquor Licensing Amendment Regulations 1998 (W.A.) (C.K.I.) commenced.
Note The Liquor Licensing Amendment Regulations 1998 (W.A.) (C.K.I.) commenced on 6 August 1997.
3 Amendment of Liquor Licensing Regulations 1989 (W.A.) (C.K.I.)
Schedule 1 amends the Liquor Licensing Regulations 1989 (W.A.) (C.K.I.).
4 Repeal
The Liquor Licensing Amendment Regulations 1998 (W.A.) (C.K.I.) are repealed.
Schedule 1 Amendments of Liquor Licensing Regulations 1989 (W.A.) (C.K.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 on26 November 1998. Administered by the Minister for Regional Services, Territories and Local Government.
Overview
The Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No. 1) were enacted in 1998 to address the need for updating and refining the regulatory framework governing liquor licensing on the Territory of Cocos (Keeling) Islands. This legislation was introduced to amend existing liquor licensing regulations by modifying specific provisions to better align with contemporary needs and regulatory standards. These amendments were made under the authority of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) by Ian Douglas Macdonald, the Minister for Regional Services, Territories and Local Government. The primary policy objective was to ensure that the licensing process and associated fees were effectively managed, with an emphasis on timely payment and the imposition of penalties for late payments to maintain compliance and order within the territory’s liquor licensing framework.
Scope and Application
The Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No. 1) applies to the Territory of Cocos (Keeling) Islands, where it amends the existing Liquor Licensing Regulations 1989 (W.A.) (C.K.I.). This legislation specifically targets entities and individuals engaged in the licensing of liquor activities in the territory, including those who conduct or manage approved private psychiatric hostels. The regulations establish fees and penalties for late payment, as well as procedures for late lodgement of documents. Notably, the regulations introduce new provisions concerning late payment penalties and fees for late lodgement of documents. These amendments are designed to ensure compliance and timely payment of fees related to liquor licences within the territory. The regulations do not explicitly state exclusions or exemptions, and their application is limited to the geographic jurisdiction of the Cocos (Keeling) Islands.
Key Provisions
The Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No. 1) (hereafter referred to as the Amendment Regulations) primarily concern amendments to the existing Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) These amendments include changes to the definition of who can supply liquor to residents of approved private psychiatric hostels and introduce new provisions regarding fees and penalties for late payments or non-compliance with lodging requirements. Specifically, Regulation 1(1) substitutes the definition in subparagraph 8(1)(h)(ii) to clarify that only residents of the private psychiatric hostel can receive liquor (Schedule 1, amendment 1). Additionally, Regulation 26 introduces a structured fee payment system and sets out the timelines and consequences for non-compliance (Schedule 1, amendment 2). New regulations, 26A to 26D, provide detailed provisions on late payment penalties, fee refunds, and late lodgement fees (Schedule 1, amendments 3 to 6).
These regulations impose specific obligations on licensees, primarily focusing on timely fee payments and adherence to lodgement deadlines. Licensees must pay their fees by 8 January each year to avoid additional penalties (Regulation 26A(1)). If fees are not paid by 15 January, the Director must issue a written notice requiring payment within seven days; failure to comply can result in licence suspension (Regulation 26A(2) and (3)). Similarly, failure to pay fees by 29 January can lead to licence cancellation (Regulation 26A(4) and (5)). The regulations also clarify that documents required to be lodged with the Director must be accompanied by the appropriate fees, and failure to lodge documents on time results in additional penalties (Regulations 26C and 26D).
The Amendment Regulations establish clear consequences for non-compliance with fee payment and document lodgement requirements. For instance, licensees who fail to pay their fees by 8 January must pay an additional penalty equal to the fee (Regulation 26A(1)). If a licensee does not pay the fee by 15 January, the Director can issue a written notice requiring payment within seven days, and failure to comply can lead to licence suspension (Regulation 26A(2) and (3)). Further non-compliance, specifically failure to pay by 29 January, can result in licence cancellation (Regulation 26A(4) and (5)). Additionally, Regulation 26D imposes a late lodgement fee if a document is not lodged within the specified timeframe, with the fee increasing if the document is lodged more than one month late. These penalties and consequences underscore the importance of adhering to the stipulated timelines and payment schedules.