Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section fixes
principles on the basis of which the Authority is to charge in certain
circumstances for goods or services —
(a) that
it provides under this Act; or
(b) that
any other written law requires to be charged for in accordance with this
section.
(2) This section does
not apply to the charging of an amount that is fixed by a written law.
(3) Unless
subsection (4) or (6) applies or an arrangement described in
subsection (7) provides otherwise, charges that the Authority makes for
providing goods or services for use for any purpose that involves any
commercial benefit being derived are to be designed to provide to the
Authority an overall profit representing a fair commercial return after
covering the Authority’s total costs related to the goods or services.
(4) A charge that the
Authority makes for providing fundamental land information —
(a) to
the State or a local government; or
(b) in
accordance with an approval under subsection (9),
for use for a purpose
that does not involve any commercial benefit being derived, is to be designed
to cover the Authority’s costs of extracting the information and
providing it.
(5) The cost of
extracting and providing fundamental land information, for the purposes of
subsection (4) —
(a)
includes —
(i)
the cost to the Authority of processing a request for
information, extracting the information, providing it in the format in which
it is extracted, and performing accounting related to the transaction; and
(ii)
a proportion of the cost of accommodation, equipment, and
other overheads required to provide the service;
but
(b) does
not include any of the cost of collecting or maintaining the information.
(6) A charge that the
Authority makes for providing any goods or services, other than fundamental
land information —
(a) to
the State or a local government; or
(b) in
accordance with an approval under subsection (9),
for use for a purpose
that does not involve any commercial benefit being derived, is to be designed
to cover the Authority’s total costs related to the goods or services.
(7) The Authority may
charge a person for providing any goods or services on a basis that is
different from the basis described by the other provisions of this section if
the charge is in accordance with an arrangement agreed between the Authority
and that person.
(8) A charge under an
arrangement agreed under subsection (7) may involve the making of a
profit by the Authority.
(9) The Authority may
approve of any goods or services being provided at a charge described in
subsection (4) or (6), as the case requires, if it is satisfied that
the person to whom they are provided —
(a) has
functions of a public nature; and
(b) will
not use them other than for the purposes of education, research, or activities
of a community or regional nature; and
(c) will
comply with any conditions on which goods or services are provided at a charge
as described.
(10) In this
section —
fundamental land information means any land
information that the regulations prescribe as fundamental land information for
the purposes of subsection (4).