Annual fee and return
141 Annual fee and return
(1) A licensed dealer must, not later than the prescribed date in each year:
pay to the Director the prescribed annual licence fee; and
lodge with the Director an annual return in the approved form.
(2) Where a dealer fails to pay the annual licence fee or lodge the annual return in accordance with subsection (1), the Director may, by notice in writing to the dealer, require the dealer to make good the default and, in addition, to pay to the Director the amount (if any) prescribed as a penalty for default.
(3) Where a dealer fails to comply with a notice under subsection (2) within 14 days after service of the notice, the dealer's licence shall, by force of this subsection, be suspended until the dealer complies with the notice.
(4) The Director must cause notice of a suspension under subsection (3) (being notice in the approved form) to be published in a newspaper circulating throughout the Territory.
(5) Where a licence has been suspended by virtue of subsection (3) for a continuous period of 6 months, the licence shall, by force of this subsection, be cancelled.
(6) A dealer shall not in, or in relation to, any information in an annual return lodged pursuant to subsection (1)(b) make a statement that is false or misleading by reason of the inclusion therein of any false or misleading matter or the omission therefrom of any material matter.
Maximum penalty: If the offender is a natural person –100 penalty units or imprisonment for 6 months.
If the offender is a body corporate –500 penalty units.
(7) It is a defence to a prosecution of a person for an offence against subsection (6) if the person proves that, when the information was provided, the person:
believed on reasonable grounds that the false matter was true; or
(b) believed on reasonable grounds that the misleading matter was not misleading; or
in the case of an omission:
(i) believed on reasonable grounds that no material matter had been omitted; or
did not know that the omitted matter was material.
This provision refers to the regulations (prescribed date
). Made under this Act:
- Consumer Affairs and Fair Trading (Fuel Retailers) Regulations 2017
- Consumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012
- Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992
2 more instruments made under this Act are listed on the Act’s overview.
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