South Australian Numbered Acts

STATUTES AMENDMENT (BUDGET 2011) ACT 2011 (NO 31 OF 2011) - SECT 11

11—Insertion of section 50A

After section 50 insert:

50A—Annual fees

        (1)         A licensee (including the holder of a licence that has been suspended) must, in each year, pay to the Commissioner an annual fee in accordance with the regulations.

        (2)         Without limiting the matters that may be dealt with in the regulations, the regulations may—

            (a)         fix the day of the month on or before which the fee is to be paid in each year; and

            (b)         fix the period of 12 months (the "annual fee period") in respect of which the fee is to be paid; and

            (c)         provide for the fee to be determined by reference to the class of licence or business conducted under the licence, the trading hours authorised by the licence or any other factor and for a matter to be determined according to the discretion of the Commissioner; and

            (d)         provide for transitional arrangements if the date for payment or the annual fee period is to be varied, including by providing for the payment of 2 fees within the same year for the purposes of the transition to a different date for payment and for an annual fee period that is longer or shorter than 12 months for the purposes of the transition to a different annual fee period.

        (3)         If the trading hours or conditions of a licence are varied, or circumstances vary, in respect of trade in liquor during an annual fee period such that the annual fee paid in respect of the period is less than the annual fee that would have been payable had the variations been taken into account in the calculation of the fee, the Commissioner may recalculate the annual fee and, by written notice, require the licensee to pay the difference on or before a date specified in the notice.

        (4)         If a licensee fails to pay the annual fee in accordance with the regulations or to pay an amount in accordance with subsection (3), the Commissioner may, by written notice, require the person to make good the default as specified in the notice and, in addition, pay to the Commissioner the amount prescribed as a penalty for default.

        (5)         If a licensee fails to comply with a notice under subsection (4), the Commissioner may, by further written notice, suspend the licence until the notice has been complied with.

        (6)         This section does not apply in relation to a limited licence.