Queensland LICENSING FEES LEGISLATION (LIQUOR AND TOBACCO PRODUCTS) AMENDMENT BILL 1993 LICENSING FEES LEGISLATION (LIQUOR AND TOBACCO PRODUCTS) AMENDMENT BILL 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 2.2... eee eee 4 PART 2—AMENDMENT OF LIQUOR ACT 1992 2 Amended Act ....... 0... cee cee eee eens 4 3 Insertion of new s.215SA ... 2. eee ee 4 215A Refund of fees—general ........ 0... cco eee cee eee 4 PART 3—AMENDMENT OF TOBACCO PRODUCTS (LICENSING) ACT 1988 4 Amended Act. ... 0.0... ccc cece cnet teen eee nee nee 6 5 Insertion of new s.27AA 10... tte ete nee 6 27AA Refund of fees 2.0.0.0... ee eee eens 6 A BILL FOR An Act to amend the Liquor Act 1992 and the Tobacco Products (Licensing) Act 1988 Licensing Fees Legislation (Liquor and Tobacco Products) Amendment The Parliament of Queensland enacts— 1 PART 1—PRELIMINARY 2 Short title 3 Clause1. This Act may be cited as the Licensing Fees Legislation (Liquor 4 and Tobacco Products) Amendment Act 1993. 5 PART 2—AMENDMENT OF LIQUOR ACT 1992 6 Amended Act 7 Clause2. The Liquor Act 1992 is amended as set out in this Part. 8 Insertion of new s.215A 9 Clause3. After section 215— 10 insert— 11 'Refund of fees—general 12 °215A.(1) The chief executive may refund a fee paid by a person only if 13 the chief executive is satisfied — 14 (a) that the person has not received, and will not receive, an amount 15 from someone else for any part of the fee; or 16 (b) if the person has received an amount from someone else for any 17 part of the fee—the person will reimburse, or will take reasonable 18 steps to reimburse, the other person for the amount received. 19 '(2) If subsection (1)(b) applies to the person— 20 (a) the person must— 21 Licensing Fees Legislation (Liquor and Tobacco Products) Amendment (i) within 90 days after receiving the refund (the "relevant period"), reimburse the other person for the amount received from the other person (the "received amount"); and (ii) within 7 days after the relevant period, give the chief executive written notice that the other person has been reimbursed for the received amount; and (b) if the other person is not reimbursed for the received amount within the relevant period—the person must, within 7 days after the relevant period— (i) give the chief executive written notice that the other person was not reimbursed for the received amount; and (11) pay the chief executive the received amount plus interest at the rate of 20% a year calculated from the day the refund was made. Maximum penalty—S0 penalty units. '(3) If the person does not pay the received amount under subsection (2)(b)(ii), the person must also pay the chief executive interest at the rate of 20% a year calculated from the end of the 7 days mentioned in subsection (2)(b) to the day the received amount is paid. '(4) An amount payable under subsection (2)(b)(ii) or (3) is a debt payable by the person to the State. *(5) In this section— "fee" means a fee under, or purportedly under, this Act, and includes a supplementary fee; "part" of a fee or other amount includes the whole of the fee or amount; "pay" a fee means pay the fee voluntarily or under compulsion (whether or not the fee is paid under a mistake of law or fact), and includes recover the fee by legal proceeding; "receive" an amount for a part of a fee includes obtain a part of the amount through the price charged for goods either in anticipation of a fee to be paid or after the fee is paid; CoC INDNW BwWPeE e ow aon Nw See On pw e a Nee SOonMN NN Ne N we Nw Aw N a Nwpohd oon Www NR oO Licensing Fees Legislation (Liquor and Tobacco Products) Amendment "refund" an amount to a person includes— (a) refund the amount at the person's direction; and (b) credit the amount against future fees that may become payable.'. PART 3—AMENDMENT OF TOBACCO PRODUCTS (LICENSING) ACT 1988 Amended Act Clause4. The Tobacco Products (Licensing) Act 1988 is amended as set out in this Part. Insertion of new s.27AA Clause5. After section 27— insert— 'Refund of fees '27AA.(1) The Commissioner may refund a fee paid by a person only if the Commissioner is satisfied— (a) that the person has not received, and will not receive, an amount from someone else for any part of the fee; or (b) if the person has received an amount from someone else for any part of the fee—the person will reimburse, or will take reasonable steps to reimburse, the other person for the amount received. '(2) If subsection (1)(b) applies to the person— (a) the person must— (i) within 90 days after receiving the refund (the "relevant period"), reimburse the other person for the amount received from the other person (the "received amount"); and 1114 16 1821 2325 Licensing Fees Legislation (Liquor and Tobacco Products) Amendment (ii) within 7 days after the relevant period, give the Commissioner written notice that the other person has been reimbursed for the received amount; and (b) if the other person is not reimbursed for the received amount within the relevant period—the person must, within 7 days after the relevant period— (i) give the Commissioner written notice that the other person was not reimbursed for the received amount; and (11) pay the Commissioner the received amount plus interest at the rate of 20% a year calculated from the day the refund was made. Maximum penalty—S0 penalty units. '(3) If the person does not pay the received amount under subsection (2)(b)(ii), the person must also pay the Commissioner interest at the rate of 20% a year calculated from the end of the 7 days mentioned in subsection (2)(b) to the day the received amount is paid. '(4) An amount payable under subsection (2)(b)(ii) or (3) is a debt payable by the person to the State. *(5) In this section— "fee" means a fee under, or purportedly under, this Act; "part" of a fee or other amount includes the whole of the fee or amount; "pay" a fee means pay the fee voluntarily or under compulsion (whether or not the fee is paid under a mistake of law or fact), and includes recover the fee by legal proceeding; "receive" an amount for a part of a fee includes obtain a part of the amount through the price charged for goods either in anticipation of a fee to be paid or after the fee is paid.'. © State of Queensland 1993 BR WNe Be ew Nb EF oOwW ON AY ar nn pW ile' on NON N re Oo OO NR wpehNd BRwWN NwHn NAY N o