RAIL SAFETY NATIONAL LAW (NSW) - SECT 76
Annual fees
RAIL SAFETY NATIONAL LAW (NSW) - SECT 76
Annual fees
76 Annual fees
(1) An accredited person must pay the annual fee prescribed by the national
regulations.
(2) The annual fee must be paid by an accredited person at the
time accreditation is granted and thereafter on an annual basis on or before
the prescribed date.
(3) However, the Regulator may accept payment of an
annual fee in accordance with an agreement (that provides, for example, for
the payment of fees by instalments) made with the person who is liable to pay
the fee.
(3a) The Regulator may, by written notice given to an accredited
person, suspend the accreditation of the person for failure to pay the annual
fee on or before the prescribed date, or in accordance with an agreement under
subsection (3), until the fee is paid.
(3b) Before making a decision under
subsection (3a), the Regulator must notify the person in writing that the
Regulator is considering suspending the person's accreditation for non-payment
of the annual fee or for an instalment of the fee (as the case may be) if the
person does not, within the period specified in the notice--
(a) where the
person has been paying the whole of the annual fee in 1 instalment--
(i) pay
the fee; or
(ii) negotiate an agreement with the Regulator in relation to
payment of the fee and make a payment accordingly; or
(b) where the person
has been paying the annual fee in accordance with an agreement under
subsection (3)--
(i) make a payment in accordance with the agreement; or
(ii)
re-negotiate the agreement relating to payment of the annual fee with the
Regulator and make a payment accordingly.
(3c) The Regulator may withdraw a
suspension of the accreditation of a person by written notice given to the
person.
(4) The national regulations may--
(a) fix different fees for
different kinds of accreditations; and
(b) fix various methods for the
calculation of various fees; and
(c) fix fees which may be differential,
varying according to any factor determined by the Regulator; and
(d) impose
additional fees for the late payment of fees under this section; and
(e) make
provision for the decision of the Regulator to charge a particular fee
according to a factor determined by the Regulator to be a reviewable decision
under Part 7.