Document ID: chunk:federal_register_of_legislation:C2008C00436:clause:1_40
Version: federal_register_of_legislation:C2008C00436
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 21391–23688

40  Special provision about licence fees

(1) In this item:
Comcare has the same meaning as in the SRC Act.
Commission has the same meaning as in the SRC Act.
extension commencement means the commencement of item 11 of this Schedule.
OHS Act means the Occupational Health and Safety Act 1991.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.

(2) This item applies if:
 (a) the extension commencement occurs on a day in a financial year (the relevant financial year), other than on the 1 July that is the start of that financial year; and
 (b) a body corporate (the licensee), in relation to which a licence under Part VIII of the SRC Act is in force on the extension commencement, becomes an employer for the purposes of the OHS Act on the extension commencement because of an amendment or amendments made by this Schedule.

Note: If the extension commencement is on the 1 July that is the start of a financial year, the licence fee imposed by section 104A of the SRC Act will cover recoupment of costs incurred in carrying out functions under both the SRC Act and OHS Act in relation to the licensee and that year. It is only if the extension commencement is on a later day in a financial year that the OHS costs will not (but for this item) be able to be recouped.

(3) On the extension commencement, the licensee becomes liable to pay a licence fee in respect of the continued holding of the licence.

(4) The amount of the licence fee is the amount notified in writing to the licensee by the Commission, being the amount estimated by the Commission to represent that part of the cost incurred by the Commission and by Comcare in carrying out their respective functions under the OHS Act during the relevant financial year that is reasonably referable to the licensee.

(5) The licence fee is payable to Comcare within such period after it is notified to the licensee as Comcare determines.

(6) The SRC Act applies in relation to the licence fee as if it were a licence fee under section 104A of that Act.

(7) The licence fee is in addition to the licence fee for which the licensee is liable under section 104A of the SRC Act in relation to the relevant financial year.

Part 2—Consequential amendments of other Acts

Safety, Rehabilitation and Compensation Act 1988