Australian Capital Territory Repealed Acts

This legislation has been repealed.

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) ACT 1994 (REPEALED) - SECT 9

    (1)     An occupier of a restaurant or licensed premises shall, on or before the first and second anniversary of the grant of a certificate of exemption, pay to the Territory the annual fee determined under section 22 (Determination of fees).

    (2)     Where a fee payable under subsection (1) is not paid in accordance with that subsection, the certificate is, by virtue of this subsection, suspended.

    (3)     A suspension under subsection (2)—

        (a)     takes effect on the day after the anniversary of the grant of the certificate on or before which the fee should have been paid; and

        (b)     ceases when the annual fee is paid or the certificate is cancelled, whichever first occurs.

    (4)     The Minister may cancel a certificate that has been suspended by virtue of subsection (3) for a period of not less than 3 months.

    (5)     The Minister shall not cancel a certificate under subsection (4) unless, at least 1 month before doing so, he or she gives to the occupier of the relevant restaurant or licensed premises a written notice stating that, unless the annual fee is paid, the licence may be cancelled on or after a specified day.

    (6)     Despite subsections (1) to (5), for a certificate of exemption that ceases to have effect less than 2 years after it is granted—

        (a)     the occupier must pay to the Territory the fees determined for this subsection under section 22 within the time determined by the Minister; and

        (b)     if a fee payable under this section is not paid in accordance with the determination, the Minister may cancel the certificate.