NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 21 Application for opinion of Registrar about fees charged for services

NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 21

  (1)   For paragraph   6 0AC(5)(b) of the Act, this regulation sets out the process by which a request to the Registrar is made by an applicant and considered by the Registrar.

  (2)   The request must comply with all of the following requirements:

  (a)   it must be made within 21 days after the person is charged a fee by the body corporate;

  (b)   it must be in writing;

  (c)   if it is made by or on behalf of a body, it must be signed by:

  (i)   a director or secretary of the body; or

  (ii)   if the body does not have a director or secretary -- a person with authority to make the request for the body;

  (d)   if it is made by an individual, it must be signed by the individual and have the name of the individual printed next to the signature;

  (e)   it must include the following:

  (i)   the name and address of the applicant;

  (ii)   the address, corporation name and Indigenous Corporation Number of the body corporate that charged the fee;

  (iii)   any document provided by the body corporate that mentions the functions for which the fee has been charged;

  (iv)   any document provided by the body corporate explaining the charge and its calculation;

  (v)   a description of the services provided, or claimed to be provided, by the body corporate;

  (vi)   a statement about why the applicant considers that the fee charged is not one that the body corporate may charge the applicant under regulation   2 0 or subsection   6 0AB(1) of the Act.

Note:   The functions for which fees for costs may be charged by a body corporate are mentioned in regulation   2 0 and subsection   6 0AB(1) of the Act. Subsection   6 0AB(4) of the Act lists the persons who may not be charged fees, and subsection   6 0AB(5) of the Act mentions functions for which fees cannot be charged.

  (3)   The applicant must give a copy of the request, within 7 days after lodging the request, to the body corporate that has charged the applicant the disputed fee.

  (4)   The request may be withdrawn in writing at any time before the Registrar gives an opinion about the fee.

  (5)   The Registrar may:

  (a)   ask the applicant, in writing, for more information within a period specified by the Registrar; and

  (b)   ask the body corporate that has charged the fee, in writing, to provide information or documents, within a period specified by the Registrar, about any of the following:

  (i)   the function performed or service provided to which the fee relates;

  (ii)   the amount of the fee;

  (iii)   how the amount of the fee was calculated; and

  (c)   extend the periods mentioned in paragraphs   ( a) and (b) for receipt of the information or documents; and

  (d)   if the applicant does not comply with the request mentioned in paragraph   ( a) within the period or any extended period:

  (i)   treat the application as being withdrawn; and

  (ii)   notify the applicant in writing accordingly.

  (6)   A request under paragraph   ( 5)(a) must state that, if the applicant does not comply with the request within the period or any extended period, the application will be treated as being withdrawn and the applicant will be notified accordingly.

  (7)   For subparagraph   ( 5)(d)(ii), the notice must be given within 14   days after the Registrar makes the decision to treat the application as being withdrawn.

  (8)   If a request is made under paragraph   ( 5)(b) or the period mentioned in paragraph   ( 5)(b) is extended under paragraph   ( 5)(c), the Registrar must tell the applicant, in writing, of the period that has been specified for the body corporate to provide the information or documents.