Liquor and Other Legislation (Fee Relief) Amendment Regulation 2021

1Short title

This regulation may be cited as the Liquor and Other Legislation (Fee Relief) Amendment Regulation 2021.

2Commencement

(1)Parts 2 and 4 are taken to have commenced on 1 July 2021.

(2)Part 3 is taken to have commenced on 1 February 2021.

3Regulation amended

This part amends the Liquor Regulation 2002.

4Insertion of new s 36AA

After section 36—
insert—

36AA Licence fee for relevant licences for licence period ending 30 June 2022

(1)This section applies to the licence fee for a relevant licence for the licence period ending on 30 June 2022.

(2)Despite section 36(1), the licence fee is to be assessed as if—

(a)the base fee mentioned in section 36A for the relevant licence is nil; and

(b)the fee calculated under section 36B or 36CA for each risk criterion applying to the relevant licence is nil.

(3)The licence fee is taken to have been paid on the day prescribed under section 36E(b) for payment of the fee.

(4)Despite section 36F, the licensee is not required to self-assess the licence fee.

(5)Despite section 36G, the licensee is not required to give the commissioner a completed self-assessment form for the relevant licence under that section.

(6)If the licensee pays an amount for the licence fee, the commissioner must refund the amount to the licensee.

(7)This section expires on 30 June 2022.

(8)In this section—

relevant licence means a licence that was in force immediately before 1 July 2021.

5Insertion of new s 37

After section 36P—
insert—

37Exemption for particular applications made between 1 July 2021 and 30 June 2022

(1)This section applies in relation to any of the following applications made between 1 July 2021 and 30 June 2022—

(a)an application for an extended trading hours approval made under section 85(1) of the Act;

(b)an application for an extended hours permit made under section 110(1) of the Act;

(c)an application for the commissioner’s approval mentioned in section 154(1) of the Act.

(2)Despite section 36D and schedule 1, items 2(g), (h) and (k) and 3(a), the fee payable for the application is nil.

(3)If a person pays an amount for the application, the commissioner must refund the amount to the person.

(4)This section expires on 31 December 2022.

6Regulation amended

This part amends the Tourism Services Regulation 2003.

7Insertion of new ss 3C and 3D

After section 3B—
insert—

3CFee exemption or reduction for applications for renewal of registration expiring between 1 February 2021 and 30 June 2022

(1)This section applies in relation to an application for renewal of a registrant’s registration made under section 22 of the Act if the registration expires during the period—

(a)starting on 1 February 2021; and

(b)ending on 30 June 2022.

(2)Despite section 3 and schedule 1, item 3, the registration renewal fee payable for the application is—

(a)if the application is for registration for a term of 1 year—nil; and

(b)if the application is for registration for a term of 3 years—

(i)for an application made before 1 July 2021—$1,574; or

(ii)for an application made on or after 1 July 2021—$1,600.80.

(3)This section expires on 31 July 2022.

3DCommissioner must refund all or part of particular registration renewal fees

(1)This section applies if a person pays a registration renewal fee for an application in relation to which section 3C applies.

(2)If the application is for registration for a term of 1 year, the commissioner must refund the registration renewal fee to the person.

(3)If the application is for registration for a term of 3 years, the commissioner must refund to the person the amount that is the difference between the registration renewal fee paid by the person and the registration renewal fee payable under section 3C(2)(b) for the application.

(4)This section expires on 31 July 2022.

8Regulation amended

This part amends the Wine Industry Regulation 2009.

9Insertion of new s 18A

After section 18—
insert—

18A Annual fee for relevant licences for financial year ending 30 June 2022

(1)This section applies to the annual fee for a relevant licence for the financial year ending on 30 June 2022.

(2)Despite section 18 and schedule 1, item 3, the annual fee is nil.

(3)The annual fee is taken to have been paid by the licensee on 31 July 2021.

(4)If the licensee pays an amount for the annual fee, the chief executive must refund the amount to the licensee.

(5)This section expires on 30 June 2022.

(6)In this section—

relevant licence means a wine producer licence or wine merchant licence that was in force immediately before 1 July 2021.