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

Overview

The Liquor Licensing Regulations 1989 (WA) (CKI) Amendment Regulations 1999 (No. 1) were enacted to refine and update the existing liquor licensing framework for the Territory of Cocos (Keeling) Islands under the Liquor Licensing Act 1988 (WA) (CKI). These regulations were introduced by Ian Douglas MacDonald, the Minister for Regional Services, Territories, and Local Government, and came into effect immediately after the Liquor Licensing Amendment Regulations 1998 (WA) (CKI) commenced on 6 August 1997. The primary objective of these amendments was to provide the Director with greater flexibility in managing fees related to liquor licensing applications, including the ability to reduce, waive, or refund fees under certain circumstances, and to impose late lodgement fees for documents submitted after the prescribed time. These changes aimed to streamline administrative processes and ensure compliance with the licensing regulations.

Scope and Application

The Liquor Licensing Regulations 1989 (WA) (CKI) Amendment Regulations 1999 (No. 1) are legislative instruments made under the Liquor Licensing Act 1988 (WA) (CKI) and apply specifically to the Territory of Cocos (Keeling) Islands. These regulations amend the existing Liquor Licensing Regulations 1989 (WA) (CKI) to alter the fee structure for the lodgement of documents related to liquor licensing applications. This includes provisions for the reduction, waiver, or refund of fees, as well as the imposition of late lodgement fees. The amendments provide the Director with greater flexibility in managing the administrative aspects of liquor licensing applications within the Territory. The regulations came into effect immediately after the Liquor Licensing Amendment Regulations 1998 (WA) (CKI), which commenced on 6 August 1997. This legislative instrument extends the application of the Liquor Licensing Act 1988 (WA) (CKI) by modifying the regulatory framework governing the administration of liquor licences in the Territory of Cocos (Keeling) Islands.

Key Provisions

The Liquor Licensing Regulations 1989 (WA) (CKI) Amendment Regulations 1999 (No. 1) (referred to as the "Regulations") amend the Liquor Licensing Regulations 1989 (WA) (CKI). These Regulations are designed to modify specific provisions related to fees for the lodging of documents with the Director under the Liquor Licensing Act 1988 (WA) (CKI). One of the key changes introduced by the Regulations is found in subregulation 26(2), which grants the Director the authority to reduce, waive, or refund fees in whole or in part. The Regulations also clarify that if a person lodges a document without paying the required fee, the document will not be considered as lodged until the fee is paid. Additionally, if the document is submitted after the prescribed time, a late lodgement fee is applicable, either equal to the prescribed fee if lodged within one month after the deadline or three times the prescribed fee if lodged more than one month late. The Regulations impose specific obligations on parties required to lodge documents with the Director. Firstly, they must ensure that any document submitted for lodgement is accompanied by the requisite fee, or face the document being deemed not lodged until the fee is paid. Secondly, they must adhere to the prescribed time frames for lodgement to avoid incurring additional late lodgement fees. The Regulations also impose a duty on the Director to exercise discretion in reducing, waiving, or refunding fees, as permitted under the amended subregulation 26(2). In terms of consequences for non-compliance, the Regulations provide that if a document is submitted without the required fee, it will not be accepted as lodged until the fee is paid. Moreover, if a document is submitted after the prescribed time, a late lodgement fee is applicable, which can be either equal to the prescribed fee for late lodgement within one month or three times the prescribed fee for late lodgement over one month. These financial penalties serve as a deterrent to non-compliance with the stipulated time frames and fee payment requirements.