Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if an Act (the authorising law ) authorises fees to be determined for an Act or statutory instrument (the relevant law ).
(2) The authorising law authorises a fee to be determined in relation to any matter under or related to the relevant law.
(3) To remove any doubt, a fee may be determined for a provision of the relevant law even though the provision does not mention a fee.
Example
The X Act, section 15 provides for a person to apply for an approval but makes no mention of a fee for the approval. However, the Act, section 79 (1) provides:
(1) The Minister may determine fees for this Act.
Because section 79 (1) permits a fee to be determined ‘for this Act', this Act, section 56 applies in relation to section 15 and the Minister may, in writing, determine an application fee for the approval.
Note 1 The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)).
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
(4) A fee may be determined—
(a) by stating the fee; or
(b) by setting a rate, or providing a formula or other method, by which the fee is to be worked out; or
(c) by a combination of a stated fee and a rate, formula or other method.
Examples of different methods of determining fees
An instrument may determine a fee by stating an amount (eg $250), or a rate (eg $7.50 per kilogram). An instrument may also determine a fee by providing a formula. For example, the fee for a licence issued for part of a year could be worked out using the following formula:
(5) The determination—
(a) must provide by whom the fee is payable; and
(b) must provide to whom the fee is to be paid; and
(c) may make provision about the circumstances in which the fee is payable; and
(d) may make provision about exempting a person from payment of the fee; and
(e) may make provision about when the fee is payable and how it is to be paid (for example, as a lump sum or by instalments); and
(f) may mention the service for which the fee is payable; and
(g) may make provision about waiving, postponing or refunding the fee (completely or partly); and
(h) may make provision about anything else relating to the fee.
Example for par (a)
a provision that the owner for the time being of a vehicle is liable for any unpaid registration fee
Examples for par (c)
1 a provision that a document prepared and submitted in accordance with a condition imposed under the Act be accompanied by a fee
2 a provision that royalty ceases to be payable if the percentage of recoverable minerals is less than the prescribed limit
Examples for par (e)
1 a provision that a levy is payable within 30 days after the day goods are sold
2 a provision that, if a licensee fails to pay an instalment payable in the financial year within 14 days after the day it is payable, all remaining instalments payable in the financial year become payable
Example for par (g)
a provision that a stated official may waive all or part of a charge in stated circumstances, including if the official is satisfied about a stated circumstance
(6) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.