RAIL SAFETY NATIONAL LAW (NSW) - SECT 76 Annual fees

RAIL SAFETY NATIONAL LAW (NSW) - SECT 76

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.