Document ID: chunk:federal_register_of_legislation:C2004A01257:clause:1_39fa
Version: federal_register_of_legislation:C2004A01257
Segment Type: clause
Provision Reference: sch 1 cl 39FA
Character Range: 3987–5643

39FA  Chargeable permission holders must collect charge payable by visitors

Offence for failing to collect charge

 (1) If:
 (a) a holder of a chargeable permission provides a service to a visitor under the permission; and
 (b) charge is due and payable by the visitor in relation to the permission;
then the holder must collect the charge from the visitor.

Penalty: 50 penalty units.

Penalty for failing to collect charge

 (2) A holder of a chargeable permission who does not collect charge as required by subsection (1) must pay to the Authority, on behalf of the Commonwealth, a penalty (the penalty amount) equal to the amount of the charge.

 (3) The penalty amount is due and payable at the time when, if the charge had become a collected amount, the holder would have had to pay the collected amount to the Authority.

 (4) If 2 or more persons (the holders) are liable to pay the same penalty amount because a chargeable permission is held by them jointly, the holders are jointly and severally liable to pay the penalty amount.

 (5) The penalty amount is in addition to any penalty imposed by a court for an offence against subsection (1).

 (6) If a person is convicted before a court of an offence against subsection (1), 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 penalty amount that the person is liable to pay; and
 (b) a late payment penalty that is payable by the person on the penalty amount.

 (7) An amount a person is ordered to pay under subsection (6) is in addition to the penalty imposed on the person for an offence against subsection (1).