164Payment on termination or transfer of permission

#### 164 Payment on termination or transfer of permission (1) If a chargeable permission ceases to be in force, the following is payable by the holder of the permission to the Authority on behalf of the Commonwealth within 30 days after the day the permission ceases: (a) if, under this Part, the holder is liable to pay charge in relation to the permission—charge in respect of the exercise of the permission since the end of the preceding quarter until the end of the day the permission ceases; (b) if, under this Part, a visitor is liable to pay charge in relation to the permission—collected amounts that the holder has collected since the end of the preceding quarter until the end of the day the permission ceases; (c) any amount of late payment penalty that, under section 39G of the Act, the holder is liable to pay in relation to the permission, including any amount that accrues after the day the permission ceases. (2) For the purposes of subregulation (1), a permission to which subregulation 88ZC(1) applies is taken not to have ceased to be in force unless, and until, the application for the permission is taken to be withdrawn under Part 2A, lapses under regulation 132 or is refused. (3) If a holder’s interest in a chargeable permission is transferred to another person, the following is payable by the holder to the Authority on behalf of the Commonwealth on the day the transfer occurs: (a) if, under this Part, the holder is liable to pay charge in relation to the permission—charge in respect of the exercise of the permission since the end of the preceding quarter until the end of the day of transfer; (b) if, under this Part, a visitor is liable to pay charge in relation to the permission—collected amounts that the holder has collected since the end of the preceding quarter until the end of the day of transfer; (c) any amount of late payment penalty that, under section 39G of the Act, the holder is liable to pay in relation to the permission. (4) For the purpose of paragraph (3)(a), charge payable in respect of the day on which transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in that paragraph. > Note: The holder of a chargeable permission who does not collect charge as required by subsection 39FA(1) of the Act is liable to pay a penalty amount equal to the amount of the charge. The penalty amount is due for payment 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—see subsections 39FA(2) and (3) of the Act.