137Secondary services

#### 137 Secondary services (1) A service that forms part of a tourist program is a secondary service if: (a) every visitor who uses the service is likely to have been recorded as a visitor for another chargeable permission on the same day; and (b) the Authority determines, under this regulation, that it is a secondary service. (2) A chargeable permission holder, or a person who has applied for a chargeable permission, may apply to the Authority for a determination that a service provided, or to be provided, as part of a tourist program by the applicant under the permission: (a) is a secondary service; or (b) in the case of an applicant for a chargeable permission—will be, if the permission is granted, a secondary service. (3) The application must be in writing and must set out, or be accompanied by, details of: (a) the primary service provider who supplies, or proposes to supply, visitors to the program; and (b) what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge (within the meaning given by Subdivision 1 of Division 8.2); and (c) how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge. (4) The Authority may ask the applicant in writing to give the Authority any other information reasonably necessary to enable the Authority to consider the application. (5) The Authority must determine the application within 28 days after: (a) the Authority receives the application; or (b) if the Authority asks the applicant to give it other information under subregulation (4)—the day on which the information is given to the Authority.