LEGISLATION ACT 2001 - SECT 56 Determination of fees by disallowable instrument

LEGISLATION ACT 2001 - SECT 56

    (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.

Note     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)).

    (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.

    (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.

    (6)     This section is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.