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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 531 ..


te, formula or other method.

Examples of different methods of determining fees

An instrument may determine a fee by specifying an amount (eg $250), or a rate (eg $7.50 per kilogram). An instrument may also determine a fee by providing a formula. For example, the fee for a licence issued for part of a year could be worked out using the following formula:

annual fee x whole and part monthsfor which licence issued / 12

(3) The determination-

(a) must provide by whom the fee is payable; and

(b) must provide to whom the fee is to be paid; and

(c) may make provision about the circumstances in which the fee is payable; and

(d) may make provision about exempting a person from payment of the fee; and

(e) may make provision about when the fee is payable and how it is to be paid (for example, as a lump sum or by instalments); and

(f) may mention the service for which the fee is payable; and

(g) may make provision about waiving, postponing or refunding the fee (in whole or part); and

(h) may make provision about anything else relating to the fee.

Example of paragraph (a)

A provision that the owner for the time being of a vehicle is liable for any unpaid registration fee.

Examples of paragraph (c)

1 A provision that a document prepared and submitted in accordance with a condition imposed under the Act be accompanied by a fee.

2 A provision that royalty ceases to be payable if the percentage of recoverable minerals is less than the prescribed limit.

Examples of paragraph (e)

A provision that a levy is payable within 30 days after a sale of goods.

A provision that, if a licensee fails to pay an instalment payable in the financial year within 14 days after the day it is payable, all remaining instalments payable in the financial year become payable.

Example of paragraph (g)

A provision that a stated official may waive all or part of a charge in stated circumstances, including if the official is satisfied about a stated circumstance.


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