33Waiver or reduction of fees

33 Waiver or reduction of fees

(1) Subject to subregulation (3), the Commission may waive or reduce a prescribed fee or renewal fee payable by an applicant, licensee or permittee if the Commission is satisfied that it is appropriate to do so, having considered the matters specified in subregulation (2).

(2) In making a decision under subregulation (1), the Commission may consider the following—

(a) the applicant's, licensee's or permittee's compliance history (if any);

(b) the geographical location of the licensed premises or proposed premises;

(c) the quantity and nature of the liquor supplied or to be supplied by the applicant, licensee or permittee under the licence or permit;

(d) the trading hours of the applicant, licensee or permittee;

(e) the risk of harm;

(f) whether the fee is likely to cause serious financial hardship for the applicant, licensee or permittee;

(g) whether significant regulatory or enforcement effort is likely to be required for that applicant, licensee or permittee;

(h) whether the applicant, licensee or permittee has been affected by any fire, flood, explosion or natural disaster (including drought) or other serious event outside the control of the applicant, licensee or permittee;

(i) any other factors the Commission considers relevant to the risk of harm.

(3) The Commission must not waive or reduce a fee under this regulation unless—

(a) a demerit point accrued in respect of the licence or BYO permit for any non‑compliance incident that relates to the licence or BYO permit in the relevant period has been removed from the Register under section 86HA or 86I of the Act; or

(b) there are no non‑compliance incidents that relate to the licence or BYO permit in the relevant period.

(4) Despite subregulation (3), the Commission may waive or reduce a prescribed fee or renewal fee payable by an applicant, licensee or permittee in accordance with subregulations (1) and (2)—

(a) during a state of emergency; or

(b) when a pandemic declaration is in force.