Western Australian Current Acts Western Australian Current Acts (1) A licensee shall,
before the expiration of one month after each anniversary of the date on which
the licence was granted, pay to the Commissioner in respect of the year
commencing on that anniversary the prescribed fee for the licence.
(2A) Subsection (1)
does not apply in respect of a year commencing on an anniversary falling on or
after the referral day.
(2B) Regulations may
provide for the Commissioner to repay to a licensee part or all of a fee paid
by the licensee under subsection (1) in respect of a year commencing on an
anniversary falling within 12 months before the referral day.
(2) A person who is or
was the holder of a licence during a year, or part of a year, commencing on
the date, or an anniversary of the date, on which the licence was granted to
the person, shall lodge with the Commissioner a statement in respect of that
year or part that is in a form approved by the Minister and is signed by or on
behalf of the licensee.
(3A) A statement is
not required under subsection (2) in respect of a year commencing on an
anniversary falling on or after the referral day, or within 12 months before
the referral day.
(3) A licensee or
other person required under subsection (2) to lodge a statement shall lodge
the statement within one month after the end of the year in respect of which,
or part of which, the statement is lodged.
(4) The Commissioner
may, on the application of a person required to comply with subsection (1), or
subsections (2) and (3), extend or further extend the time for compliance with
the applicable subsection or subsections.
(5) Where a licensee
has failed to pay a fee, or lodge a statement, or pay a fee and lodge a
statement, in accordance with this section, the Commissioner shall give notice
in writing to the licensee that, unless the fee is paid or the statement
lodged, or the fee is paid and the statement lodged, as the case may require,
together with the prescribed late fee, before a day specified in the notice,
being a day that is not earlier than 14 days after the giving of the notice,
the licence will be cancelled.
(6) The Commissioner
shall cancel the licence of a licensee who fails to pay a fee or lodge a
statement, or pay a fee and lodge a statement, as referred to in a notice
given under subsection (5).
(7) Subject to
subsection (4), a person (not being a licensee) to whom subsections (2) and
(3) apply shall comply with those subsections.
Penalty: $1 000.
(8) If, while a
licence is in force, there occurs —
(a)
between the time the application for the licence was granted and the time the
first statement is lodged under subsection (2) — a change in the
particulars specified in, or in connection with, the application in accordance
with section 9(3), (4) and (5); or
(b)
between the lodging of successive annual statements under subsection (2)
— a change in the particulars specified in the earlier of those
statements,
the licensee shall,
within 14 days of the occurrence of the change, give to the Commissioner
notice in writing specifying particulars of the change.
Penalty: $1 000.
(9) A person shall
not, in or in relation to a statement required to be lodged under subsection
(2) or a notice required to be given under subsection (8), make a statement
that is false or misleading by reason of the inclusion therein of any false or
misleading matter or the omission therefrom of any material matter.
Penalty: $5 000.
(10) It is a defence
to a prosecution of a person for an offence under subsection (9) if the person
proves that, when the statement was lodged, or the notice given, the person
—
(a)
believed on reasonable grounds that the false matter was true; or
(b)
believed on reasonable grounds that the misleading matter was not misleading;
or
(c) in
the case of an omission — believed on reasonable grounds that no
material matter had been omitted; or
(d) in
the case of an omission — did not know that the omitted matter was
material.
[Section 21 amended: No. 14 of 2010 s. 26.]