33Requesting or accepting waiting list fees

33 Requesting or accepting waiting list fees operator requests or accepts payment of a waiting list fee from a person.

(3) Subsection (1) does not apply if— (a) the fee is not more than $200, or another amount prescribed by regulation; and (b) the operator has a written policy setting out the way the waiting list operates; and (c) the operator gives the person who pays the waiting list fee, when payment is made— (i) a copy of the policy; and (ii) a receipt for the payment. Note The operator has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).