Document ID: chunk:federal_register_of_legislation:C2025C00131:section:39fa
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 39FA
Character Range: 135388–137695

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.

Civil penalty for failing to collect charge
 (1A) A holder of a chargeable permission must not fail to collect charge from a visitor if:
 (a) the holder provides a service to the visitor under the permission; and
 (b) charge is due and payable by the visitor in relation to the permission.
Civil penalty:
 (a) for an individual—100 penalty units; or
 (b) for a body corporate—500 penalty units.

Penalty for failing to collect charge
 (2) A holder of a chargeable permission who does not collect charge as required by subsections (1) and (1A) 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) or for a contravention of subsection (1A).
 (6) 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 (1A), 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) or the amount of any pecuniary penalty order made against the person for the contravention of subsection (1A).