LEGISLATION ACT 2001 - SECT 58 Regulations may make provision about fees

LEGISLATION ACT 2001 - SECT 58

    (1)     This section applies if an Act (the authorising law )—

        (a)     authorises or requires fees to be determined for the authorising law, or another Act or a statutory instrument (the fees law ); and

        (b)     the authorising law authorises the making of regulations by the Executive.

    (2)     A regulation under the authorising law may make provision in relation to—

        (a)     the payment, collection and recovery of determined fees; and

        (b)     the waiver, postponement or refund of the fees (completely or partly); and

        (c)     anything else about which provision may, under section 56 (Determination of fees by disallowable instrument), be made by determination in relation to determined fees.

    (3)     The power mentioned in subsection (2) (b) includes power to make provision in relation to an entitlement to a waiver, postponement or refund of determined fees in circumstances prescribed by regulation (including the removal of a statutory capacity).

    (4)     A regulation or the authorising law may make provision in relation to the payment of determined fees by cheque or credit card, including, for example, the consequences of a cheque not being honoured on presentation or a credit card transaction not being honoured.

    (5)     A regulation or the authorising law may make provision in relation to the removal of a statutory capacity if any determined fee—

        (a)     is not paid when it is required to be paid; or

        (b)     is paid by cheque and the cheque is not honoured on presentation; or

        (c)     is paid by credit card and the credit card transaction is not honoured.

    (6)     A regulation or the authorising law may make provision in relation to the restoration of a statutory capacity (whether prospectively or during any past period).

    (7)     This section is in addition to any provision of the authorising law or fees law.

    (8)     This section is a determinative provision.

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

    (9)     In this section:

"credit card" includes debit card.

"removal", of a statutory capacity, includes suspension, cancellation, revocation, withdrawal, surrender or other prescribed restriction or termination of a statutory capacity under the fees law or authorising law.

"statutory capacity" includes an accreditation, approval, assessment, authority, certificate, condition, decision, determination, exemption, licence, permission, permit, registration or other prescribed thing giving a status, privilege or benefit under the fees law or authorising law (whether or not required under either law for doing anything).