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.