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TASMANIA
__________
LIQUOR AND ACCOMMODATION
AMENDMENT (FEES) BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 25 amended (Grant of licence)
5. Section 26A inserted
26A. Annual liquor licence fees
6. Section 41 amended (Powers of Commissioner to suspend
licence)
[Bill 59]-IX
2
LIQUOR AND ACCOMMODATION
AMENDMENT (FEES) BILL 2004
(Brought in by the Minister for Finance, the Honourable
James Glennister Cox)
A BILL FOR
An Act to amend the Liquor and Accommodation Act
1990
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Liquor and
Accommodation Amendment (Fees) Act 2004.
Commencement
2. This Act commences on 1 January 2005.
Principal Act
3. In this Act, the Liquor and Accommodation Act 1990*
is referred to as the Principal Act.
*No. 44 of 1990
[Bill 59] 3
s. 4 No. Liquor and Accommodation 2004
Amendment (Fees)
Section 25 amended (Grant of licence)
4. Section 25(1)(b) of the Principal Act is amended by
inserting "and the annual liquor licence fee payable under
section 26A" after "licence".
Section 26A inserted
5. After section 26 of the Principal Act, the following
section is inserted in Division 2:
Annual liquor licence fees
26A. (1) The person to whom a liquor licence is to
be granted must pay the prescribed annual liquor
licence fee to the Commissioner on the grant of the
licence.
(2) A licensee must pay the prescribed annual
liquor licence fee to the Commissioner on or before
31 March in each year.
(3) The prescribed annual liquor licence fee
relates to the period of 12 months starting on 1
January each year.
(4) The Commissioner may reduce the
prescribed annual liquor licence fee proportionately
where a liquor licence is granted on a day other than
1 January.
(5) Where a liquor licence is surrendered
under section 30, the Commissioner may refund a
proportion of the prescribed annual liquor licence
fee.
(6) The Commissioner is to notify the holder of
a liquor licence of the prescribed annual liquor
licence fee payable in respect of the liquor licence.
4
2004 Liquor and Accommodation No. s. 6
Amendment (Fees)
(7) If a licensee fails to pay the prescribed
annual liquor licence fee payable under this section
by 31 March in a particular year, the licensee is to
pay an additional fee of 10% of the amount due for
payment.
Section 41 amended (Powers of Commissioner to
suspend licence)
6. Section 41 of the Principal Act is amended as follows:
(a) by inserting the following subsection after
subsection (2A):
(2B) If a licensee fails to pay the
prescribed annual liquor licence fee payable
under section 26A
(a) within one month of it becoming
payable; or
(b) by any later date to which the
Commissioner may agree
the Commissioner may, by written notice
served on the licensee, suspend the license.
(b) by omitting from subsection (3) "subsection (2)
or (2A)" and substituting "subsection (2), (2A)
or (2B)";
(c) by omitting from subsection (5) "subsection (2)
or (2A)" and substituting "subsection (2), (2A)
or (2B)";
(d) by inserting the following subsection after
subsection (5):
(5A) Unless sooner revoked by the
Commissioner, a suspension under
5
s. 6 No. Liquor and Accommodation 2004
Amendment (Fees)
subsection (2B) remains in force until payment
of the prescribed annual liquor licence fee and
any penalties.
6 Government Printer, Tasmania