11Compliance history risk loading element

#### 11 Compliance history risk loading element 11 Compliance history risk loading element > > (1) For an assessment year that commences before 15 March 2022, the compliance history risk loading element of a periodic licence fee for a licence is— > > > > > (a) 32.46 fee units—if 1 relevant demerit offence event has occurred during the relevant compliance period that relates to a demerit offence committed by the licensee or manager of the licensed premises, or > > > > > (b) 64.92 fee units—if— > > > > > > > (i) 2 relevant demerit offence events have occurred during the relevant compliance period that relate to demerit offences committed by the licensee or manager of the licensed premises, or > > > > > > > (ii) the licence was, at any time during the relevant compliance period, listed in Table 2 at the end of clause 1 of Schedule 4 to the Act when that list was replaced in its entirety during the assessment year ending on the relevant assessment date, or > > > > > (c) 97.39 fee units—if— > > > > > > > (i) 3 or more relevant demerit offence events have occurred during the relevant compliance period that relate to demerit offences committed by the licensee or manager of the licensed premises, or > > > > > > > (ii) the licence was, at any time during the relevant compliance period, listed in Table 1 at the end of clause 1 of Schedule 4 to the Act when that list was replaced in its entirety during the assessment year ending on the relevant assessment date, or > > > > > (d) if a combination of any of the circumstances specified in paragraphs (a)–(c) exist in relation to a licence—the highest of the amounts so specified. > > > (1A) For an assessment year that commences on or after 15 March 2022, the compliance history risk loading element of a periodic licence fee for a licence is calculated at a rate of 47.98 fee units for each demerit point incurred or imposed against the licence, or a licensee or manager of the licensed premises, during the relevant compliance period for the assessment year. > > > (2) No compliance history risk loading element is payable for a licence if— > > > > > (a) for an assessment year that commences before 15 March 2022—none of the circumstances specified in subclause (1) exist in relation to the licence, or > > > > > (b) for an assessment year that commences on or after 15 March 2022—no demerit points have been incurred or imposed against the licence, or a licensee or manager of the licensed premises, during the relevant compliance period. > > > (3) For the purposes of this clause, a relevant demerit offence event occurs when— > > > > > (a) a court convicts a person of a demerit offence (whether or not it imposes any penalty), or > > > > > (b) an amount is paid under a penalty notice in respect of such an offence, or > > > > > (c) a penalty notice enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099) is made against the person in respect of such an offence. > > > (4) However, if— > > > > > (a) the conviction is overturned on appeal, or > > > > > (b) the person elects, after an amount is paid under the penalty notice, to have the offence dealt with by a court, or > > > > > (c) the penalty notice, or the penalty notice enforcement order to the extent that it applies to the penalty notice, is withdrawn or annulled, > > > > the relevant demerit offence event derived from the conviction, payment or making of the order is taken not to have occurred and so much of the compliance history risk loading element as comprises the amount based on the relevant demerit offence event is to be refunded by the Secretary to the licensee. > > > (5) If more than one demerit offence is committed by the licensee or manager of the premises to which a licence relates within a single 24-hour period, no more than one relevant demerit offence event is, for the purposes of this clause, taken to have occurred in relation to that licence. > > > (5A) Transitional For the purposes of subclause (1A), the reference to a demerit point incurred or imposed against the licence, or a licensee or manager of the licensed premises, during the relevant compliance period for the assessment year includes a reference to a relevant demerit offence event that occurred on or after 1 January 2021 derived from an act or circumstance that occurred or existed before that date. > > > (6) In this clause— > > > > demerit offence has the same meaning as in section 4 of the Act. > > > > relevant compliance period, in relation to a periodic licence fee payable in respect of an assessment year, means the calendar year before the relevant assessment date for that year. > > **cl 11:** Am 2020 No 40, Sch 1.2\[4\]–\[9\]; 2021 (61), Sch 1\[1\]; 2024 (66), Sch 1\[11\].