New South Wales Consolidated Regulations

FOOD REGULATION 2004 - REG 21

21 Calculation and notification of licence fees

(1) A licence fee for a licence that authorises the carrying on of:

(a) a dairy business (within the meaning of Part 4) is to be calculated in accordance with clause 58, or

(b) a meat business (within the meaning of Part 5) is to be calculated in accordance with clause 132, or

(c) a plant products business (within the meaning of Part 6) is to be the fee determined from time to time by the Food Authority, or

(d) a seafood business (within the meaning of Part 7) is to be calculated in accordance with clause 161 and, where applicable, clause 162, or

(e) a vulnerable persons food business (within the meaning of Part 8) is to be the fee determined from time to time by the Food Authority.

(2) If a licence authorises the carrying on of more than one food business, the licence fee is to be calculated as the total of the licence fees for each of those food businesses that would be applicable under subclause (1).

(3) The Food Authority is to issue to each holder of a licence who is liable to pay a licence fee or levy under this Regulation a notice in writing before the expiration of the licence:

(a) specifying the amount of the licence fee or levy and the period (being not less than 42 days after the issue of the notice) within which the licence fee or levy must be paid, and

(b) specifying (where relevant) the method of calculating the amount of the licence fee or levy to be paid by that holder.

(4) The holder of a licence may, before the expiration of the licence, apply to the Food Authority for approval to pay the licence fee or levy for a particular year by instalments.

(5) An approval under this clause must be notified in writing to the holder of the licence concerned and must specify the amount of each instalment and the date by which each instalment must be paid.

(6) The holder of a licence who has been given approval by the Food Authority to pay the licence fee or levy by instalments must pay each instalment in accordance with the terms of the approval.

(7) If there is a failure by the holder of a licence who has approval to pay the licence fee or levy by instalments to pay the amount of an instalment by the date required in the approval, the total unpaid balance of the licence fee or levy may be treated by the Food Authority as an overdue amount even if payment by instalments has commenced.

(8) The Food Authority may reduce or waive payment of a licence fee or levy in a particular case or class of cases.

(9) Without limiting subclause (8), if a licence is granted after the commencement of a year for which a licence fee or levy is payable, the Food Authority may reduce the licence fee or levy payable by the holder of the licence for that year by a proportionate amount.