South Australian Numbered Acts

STATUTES AMENDMENT (BUDGET 2011) ACT 2011 (NO 31 OF 2011) - SECT 13

13—Insertion of section 59A

After section 59 insert:

59A—Licence fee payable on grant of licence

        (1)         On the grant of a licence, a licence fee becomes payable to the Commissioner by the licensee.

        (2)         In the case of a limited licence—

            (a)         the amount of the licence fee is to be determined in accordance with the regulations; and

            (b)         the licence fee is payable before the commencement of the special occasion or the first in the series of special occasions to which the licence relates; and

            (c)         the regulations may provide for the licence fee to be determined by reference to the class of special occasion or the series of special occasions to which the licence relates or any other factor and for a matter to be determined according to the discretion of the Commissioner; and

            (d)         if the holder of the licence fails to pay the licence fee before the commencement of the special occasion or the first in the series of special occasions to which the licence relates, the licence is cancelled.

        (3)         In the case of a licence other than a limited licence—

            (a)         the amount of the licence fee is a proportion of the annual fee for the licence, being the proportion that the number of months in the period from the grant of the licence until the end of the current annual fee period bears to 12 months (with part of a month being counted as a full month); and

            (b)         the licence fee is payable within 28 days after the grant of the licence; and

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

            (d)         if the licensee fails to pay the licence fee, or an amount under paragraph (c), within the period allowed, the licence is suspended until the fee or amount is paid; and

            (e)         the Commissioner must notify the licensee in writing of the suspension of the licence.

        (4)         In this section—

"annual fee period"—see section 50A.