sec.36CARisk criterion—compliance history

### sec.36CA Risk criterion—compliance history This section applies to a licence for a licence period if— an infringement notice, for an offence against section 146 (1) , 155AA (2) or 156 (1) , (2) or (3) , of the Act , was served on the licensee; and the licensee paid the fine for the offence to the administering authority in the previous licence period. Also, this section applies to a licence for a licence period if— the commissioner decided to take disciplinary action relating to the licence and, in the previous licence period— the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— confirmed the decision; or set aside the decision and substituted another decision to take disciplinary action; or the licensee was convicted of an offence against the Act and, in the previous licence period— the time to appeal against the conviction ended; or if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal. Also, this section applies to a licence for a licence period if— the licensee was convicted of a supply offence; and in the previous licence period, an act or omission of the licensee that was the supply offence was taken to have contributed to— the death of a person; or a serious assault committed against a person on or near the licensed premises. For subsection (3) , an act or omission of a licensee that was a supply offence is taken to have contributed to— the death of a person if the death is found by a court or tribunal to have been caused by— the consumption of liquor received by the person because of the supply offence; or another person who, just before causing the death, received liquor because of the supply offence; or a serious assault committed against a person if— another person is convicted of the serious assault; and the other person, just before committing the serious assault, received liquor because of the supply offence. The fee for the risk criterion of compliance history is the total of the following fees that apply to the licence— if subsection (1) applies—7,140 fee units; if subsection (2) applies—14,290 fee units; if subsection (3) applies—28,570 fee units. If, as a result of an incident, this section applies to a licence for a licence period more than once, only the highest relevant fee mentioned in subsection (5) applies to the licence in relation to the incident. In this section— administering authority see the State Penalties Enforcement Act 1999 , schedule 2 . fine see the State Penalties Enforcement Act 1999 , schedule 2 . incident means an act or omission by a licensee that was a contravention of the Act or a ground for taking disciplinary action against the licensee. the sale of liquor to a minor infringement notice see the State Penalties Enforcement Act 1999 , schedule 2 . serious assault means an offence against the Criminal Code , section 320 , 323 , 340 , 349 or 352 . supply offence means an offence against section 155A or 156 (1) of the Act . s 36CA ins 2009 SL No. 94 s 7 amd 2010 SL No. 128 s 39 ; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2012 SL No. 248 s 18 ; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 70 ; 2016 SL No. 85 s 72 ; 2017 SL No. 109 s 81 ; 2018 SL No. 72 s 76 ; 2019 SL No. 105 s 76 ; 2020 SL No. 143 s 77 ; 2021 SL No. 84 s 76 ; 2022 SL No. 79 s 109 (sec.36CA-ssec.1) This section applies to a licence for a licence period if— an infringement notice, for an offence against section 146 (1) , 155AA (2) or 156 (1) , (2) or (3) , of the Act , was served on the licensee; and the licensee paid the fine for the offence to the administering authority in the previous licence period. (sec.36CA-ssec.2) Also, this section applies to a licence for a licence period if— the commissioner decided to take disciplinary action relating to the licence and, in the previous licence period— the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— confirmed the decision; or set aside the decision and substituted another decision to take disciplinary action; or the licensee was convicted of an offence against the Act and, in the previous licence period— the time to appeal against the conviction ended; or if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal. (sec.36CA-ssec.3) Also, this section applies to a licence for a licence period if— the licensee was convicted of a supply offence; and in the previous licence period, an act or omission of the licensee that was the supply offence was taken to have contributed to— the death of a person; or a serious assault committed against a person on or near the licensed premises. (sec.36CA-ssec.4) For subsection (3) , an act or omission of a licensee that was a supply offence is taken to have contributed to— the death of a person if the death is found by a court or tribunal to have been caused by— the consumption of liquor received by the person because of the supply offence; or another person who, just before causing the death, received liquor because of the supply offence; or a serious assault committed against a person if— another person is convicted of the serious assault; and the other person, just before committing the serious assault, received liquor because of the supply offence. (sec.36CA-ssec.5) The fee for the risk criterion of compliance history is the total of the following fees that apply to the licence— if subsection (1) applies—7,140 fee units; if subsection (2) applies—14,290 fee units; if subsection (3) applies—28,570 fee units. (sec.36CA-ssec.6) If, as a result of an incident, this section applies to a licence for a licence period more than once, only the highest relevant fee mentioned in subsection (5) applies to the licence in relation to the incident. (sec.36CA-ssec.7) In this section— administering authority see the State Penalties Enforcement Act 1999 , schedule 2 . fine see the State Penalties Enforcement Act 1999 , schedule 2 . incident means an act or omission by a licensee that was a contravention of the Act or a ground for taking disciplinary action against the licensee. the sale of liquor to a minor infringement notice see the State Penalties Enforcement Act 1999 , schedule 2 . serious assault means an offence against the Criminal Code , section 320 , 323 , 340 , 349 or 352 . supply offence means an offence against section 155A or 156 (1) of the Act . - (a) an infringement notice, for an offence against section 146 (1) , 155AA (2) or 156 (1) , (2) or (3) , of the Act , was served on the licensee; and - (b) the licensee paid the fine for the offence to the administering authority in the previous licence period. - (a) the commissioner decided to take disciplinary action relating to the licence and, in the previous licence period— (i) the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or (ii) the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— (A) confirmed the decision; or (B) set aside the decision and substituted another decision to take disciplinary action; or - (i) the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or - (ii) the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— (A) confirmed the decision; or (B) set aside the decision and substituted another decision to take disciplinary action; or - (A) confirmed the decision; or - (B) set aside the decision and substituted another decision to take disciplinary action; or - (b) the licensee was convicted of an offence against the Act and, in the previous licence period— (i) the time to appeal against the conviction ended; or (ii) if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal. - (i) the time to appeal against the conviction ended; or - (ii) if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal. - (i) the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or - (ii) the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— (A) confirmed the decision; or (B) set aside the decision and substituted another decision to take disciplinary action; or - (A) confirmed the decision; or - (B) set aside the decision and substituted another decision to take disciplinary action; or - (A) confirmed the decision; or - (B) set aside the decision and substituted another decision to take disciplinary action; or - (i) the time to appeal against the conviction ended; or - (ii) if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal. - (a) the licensee was convicted of a supply offence; and - (b) in the previous licence period, an act or omission of the licensee that was the supply offence was taken to have contributed to— (i) the death of a person; or (ii) a serious assault committed against a person on or near the licensed premises. - (i) the death of a person; or - (ii) a serious assault committed against a person on or near the licensed premises. - (i) the death of a person; or - (ii) a serious assault committed against a person on or near the licensed premises. - (a) the death of a person if the death is found by a court or tribunal to have been caused by— (i) the consumption of liquor received by the person because of the supply offence; or (ii) another person who, just before causing the death, received liquor because of the supply offence; or - (i) the consumption of liquor received by the person because of the supply offence; or - (ii) another person who, just before causing the death, received liquor because of the supply offence; or - (b) a serious assault committed against a person if— (i) another person is convicted of the serious assault; and (ii) the other person, just before committing the serious assault, received liquor because of the supply offence. - (i) another person is convicted of the serious assault; and - (ii) the other person, just before committing the serious assault, received liquor because of the supply offence. - (i) the consumption of liquor received by the person because of the supply offence; or - (ii) another person who, just before causing the death, received liquor because of the supply offence; or - (i) another person is convicted of the serious assault; and - (ii) the other person, just before committing the serious assault, received liquor because of the supply offence. - (a) if subsection (1) applies—7,140 fee units; - (b) if subsection (2) applies—14,290 fee units; - (c) if subsection (3) applies—28,570 fee units.