Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A fee determined by a disallowable instrument is payable by the person by whom the fee is payable under the determination, in relation to the service (if any) mentioned in the determination and in accordance with the determination, to the person to whom the fee is payable under the determination.
(2) If a service is mentioned in the determination, the fee is payable before the service is provided unless the determination provides otherwise.
(3) If the fee is payable in relation to a service mentioned in the determination and the fee has not been paid in accordance with the determination, no-one is obliged to provide the service.
Examples
1 If a fee for a service is payable in advance under a disallowable instrument and the fee is not paid, there is no obligation to provide the service.
2 If fees for services over a period of time are payable by instalment under a disallowable instrument and the person paying the fees falls behind in payments on the instalments, there is no obligation to provide further services for the person.
Note 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) Subsection (3) applies to a service even though, apart from that subsection, someone is under a duty to provide the service.
Example
A provision of an Act provides that a registrar ‘must' renew a licence if the holder of the licence applies to the registrar for its renewal before the end of the licence term. If a fee is determined for renewal of the licence, the registrar is not required to renew the licence unless the fee is paid.
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.