sec.36NApplication to tribunal about failure to pay licence fee or underpaid amount

### sec.36N Application to tribunal about failure to pay licence fee or underpaid amount This section applies if a person is aggrieved by the suspension and impending cancellation of a licence because of a failure to pay the licence fee for the licence for a licence period, or an underpaid amount, under section 36L (2) (the outstanding amount ). The person may apply, as provided under the QCAT Act , to the tribunal for an extension of time to pay the outstanding amount on the ground the failure was due to— the business conducted under authority of the licence having been adversely affected by a natural disaster; or the licensee ceasing to conduct business on the licensed premises under authority of the licence; or the owner, lessee or mortgagee of the licensed premises starting a proceeding for possession of the premises; or a personal hardship for the licensee. Financial hardship is not a personal hardship for subsection (2) (d) . The application to the tribunal under subsection (2) may only be made during the suspension period. If an application is made to the tribunal under subsection (2) , the licence will not be cancelled under section 36L (2) (b) , but continues to be suspended until the suspension ends, or licence is cancelled, under section 36O . In this section— suspension period see section 36L (2) (a) . s 36N ins 2008 SL No. 418 s 22 sub 2009 Act No. 24 s 643 (sec.36N-ssec.1) This section applies if a person is aggrieved by the suspension and impending cancellation of a licence because of a failure to pay the licence fee for the licence for a licence period, or an underpaid amount, under section 36L (2) (the outstanding amount ). (sec.36N-ssec.2) The person may apply, as provided under the QCAT Act , to the tribunal for an extension of time to pay the outstanding amount on the ground the failure was due to— the business conducted under authority of the licence having been adversely affected by a natural disaster; or the licensee ceasing to conduct business on the licensed premises under authority of the licence; or the owner, lessee or mortgagee of the licensed premises starting a proceeding for possession of the premises; or a personal hardship for the licensee. (sec.36N-ssec.3) Financial hardship is not a personal hardship for subsection (2) (d) . (sec.36N-ssec.4) The application to the tribunal under subsection (2) may only be made during the suspension period. (sec.36N-ssec.5) If an application is made to the tribunal under subsection (2) , the licence will not be cancelled under section 36L (2) (b) , but continues to be suspended until the suspension ends, or licence is cancelled, under section 36O . (sec.36N-ssec.6) In this section— suspension period see section 36L (2) (a) . - (a) the business conducted under authority of the licence having been adversely affected by a natural disaster; or - (b) the licensee ceasing to conduct business on the licensed premises under authority of the licence; or - (c) the owner, lessee or mortgagee of the licensed premises starting a proceeding for possession of the premises; or - (d) a personal hardship for the licensee.