South Australian Repealed Acts

This legislation has been repealed.

BARLEY EXPORTING ACT 2007 - SECT 11

11—Licence fees and returns

        (1)         A person is not entitled to the issue of a licence to export barley unless the person first pays to the Commission the annual licence fee, or the first instalment of the annual licence fee, as the case may require.

        (2)         The holder of a licence issued for a term of 2 years or more must—

            (a)         in each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the Commission by condition of the licence or by written notice; and

            (b)         in each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the annual licence fee, or the first instalment of the annual licence fee, as the case may require.

        (3)         The annual licence fee for a licence is the fee fixed, from time to time, by the Minister in respect of that licence as an amount that the Minister considers to be a reasonable contribution towards administrative costs.

        (4)         The Minister may take the following matters into account (on the basis of any estimates or determinations made by the Minister) when considering what constitutes a reasonable contribution towards administration costs by the holder of a licence:

            (a)         the estimated administrative costs for the next year;

            (b)         the likely extent to which administrative costs are apportionable to the activities of the holder of the licence;

            (c)         any other matter that the Minister thinks fit.

        (5)         An annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission.

        (6)         If the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default.

        (7)         An annual licence fee (including any instalment of an annual licence fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown.

        (8)         In this section—

"administrative costs" means—

            (a)         the costs of administration of this Act; and

            (b)         any costs of administration of the Essential Services Commission Act 2002 relating to barley exporting; and

            (c)         other costs prescribed by regulation;

"holder" of a licence includes the holder of a licence that has been suspended.