Document ID: chunk:federal_register_of_legislation:C2025C00131:section:39fb
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 39FB
Character Range: 137695–139714

39FB  Chargeable permission holders must pay collected amounts to the Authority on time

Offence for failing to pay collected amount on time
 (1) A holder of a chargeable permission must pay a collected amount to the Authority before or on the day it is due and payable.
Penalty: 10 penalty units.
Note: If the holder does not pay the collected amount to the Authority before or on the day it is due and payable, the obligation to pay the amount to the Authority continues after the due day, with daily offences being committed until the obligation is complied with (see section 4K of the Crimes Act 1914).
 (2) Subsection 4K(2) of the Crimes Act 1914 ceases to apply in relation to an offence against subsection (1) of this section on the 21st day after the day on which the collected amount is due and payable.
Note: Because of this subsection, 200 penalty units is the maximum penalty that can be imposed for offences against subsection (1).

Civil penalty for failing to pay collected amount on time
 (2A) A holder of a chargeable permission must not fail to pay a collected amount to the Authority before or on the day it is due and payable.
Civil penalty:
 (a) for an individual—20 penalty units; or
 (b) for a body corporate—100 penalty units.

Penalty for failing to pay collected amount on time
 (3) If a person is convicted before a court of an offence against subsection (1) or a court makes a declaration of contravention against a person for a contravention of subsection (2A), the court may order the person to pay to the Authority, on behalf of the Commonwealth, an amount equal to the sum of:
 (a) a collected amount that the person is liable to pay; and
 (b) a late payment penalty that is payable by the person on the collected amount.
 (4) An amount a person is ordered to pay under subsection (3) is in addition to the penalty imposed on the person for an offence against subsection (1) or the amount of any pecuniary penalty order made against the person for the contravention of subsection (2A).