Australian Capital Territory Numbered Acts

LIQUOR TAX ACT 1991 (NO. 110 OF 1991) - SECT 16

16. (1) Where, on or after the commencement day, a continuing licence ceases to be in force (except by virtue of its suspension), the former continuing licensee shall, within 14 days after the termination date—

        (a)     lodge a return in the approved form specifying—

              (i)     the aggregate of amounts (including duties) paid or payable by the former continuing licensee for taxable purchases in the final period to which the continuing licence relates; and

              (ii)     the aggregate of amounts (including duties) paid or payable by the former continuing licensee for exempt sales in the final period to which the continuing licence relates; and

        (b)     pay—

              (i)     if the purchases in the final period relate to an exempt wholesale licence—the determined amount plus the amount calculated in accordance with the formula in subsection (2); or

              (ii)     in any other case—the determined amount or the amount calculated in accordance with the formula in subsection (2), whichever is greater.

(2) For the purposes of subsection (1), the formula is—

        (FPTP ^_ FPES) x DR

        where—

        FPTP is the aggregate referred to in subparagraph (1) (a) (i);

        FPES is the aggregate referred to in subparagraph (1) (a) (ii); and

        DR is the determined rate.

(3) Where a former continuing licensee pays an amount under subsection (1) following the cancellation of the licence, and the cancellation is set aside after the payment, the Commissioner shall refund that amount to that person.

(4) In this section—