Commonwealth Consolidated Acts

FOOD STANDARDS AUSTRALIA NEW ZEALAND ACT 1991 - SECT 146

             (1)  The regulations may fix charges to be paid to the Authority by a body or person for services and facilities the Authority provides to the body or person.

          (1A)  The regulations may also:

                     (a)  provide for the charge to be paid by instalments; and

                     (b)  fix the times at which instalments are due to be paid.

             (2)  A charge fixed under subsection (1) must not be such as to amount to taxation.

             (3)  This section does not apply to services or facilities that the Authority provides under contract.

             (4)  Regulations made for the purposes of this section must not specify New Zealand as a person or body by whom charges are payable.

             (5)  Charge under this section may be recovered by the Authority as a debt due to the Authority.

             (6)  A charge may only be fixed if:

                     (a)  it relates to an application to develop or vary a standard; and

                     (b)  either of the following apply:

                              (i)  the development or variation of the standard would confer an exclusive capturable commercial benefit on the applicant;

                             (ii)  the applicant has elected to have the consideration of the application expedited.

             (7)  The consideration of an application in relation to which a charge is fixed under subsection (6) must not displace the development of, or variation to, any other food regulatory measure in a three year plan.

             (8)  For the purposes of subsection (7), a three year plan means a three year forward plan of the Authority developed under section 20.