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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 532 ..
47 Fees payable in accordance with determinations etc
(1) A fee determined by a disallowable instrument is payable by the person by whom the fee is payable under the determination, in relation to the service (if any) mentioned in the determination and in accordance with the determination, to the person to whom the fee is payable under the determination.(2) If a service is mentioned in the determination, the fee is payable before the service is provided unless the determination provides otherwise.
(3) If the fee is payable in relation to a service mentioned in the determination and the fee has not been paid in accordance with the determination, no-one is obliged to provide the service.
Examples
1 If a fee for a service is payable in advance under a disallowable instrument and the fee is not paid, there is no obligation to provide the service.2 If fees for services over a period of time are payable by instalment under a disallowable instrument and the person paying the fees falls behind in payments on the instalments, there is no obligation to provide further services for the person.
(4) Subsection (3) applies to a service even though, apart from that subsection, someone is under a duty to provide the service.
Example
A provision of an Act provides that a registrar 'must' renew a licence if the holder of the licence applies to the registrar for its renewal before the end of the licence term. If a fee is determined for renewal of the licence, the registrar is not required to renew the licence unless the fee is paid.47D Regulations may make provision about fees
(1) This section applies if an Act (the authorising law )-(a) authorises or requires fees to be determined for the authorising law, or another Act or a statutory instrument (the fees law ); and
(b) the authorising law authorises the making of regulations by the Executive.
(2) Regulations under the authorising law may make provision in relation to-
(a) the payment, collection and recovery of determined fees; and
(b) the waiver, postponement or refund of the fees (in whole or part); and
(c) anything else about which provision may, under section 47B (Determination of fees by disallowable instrument), be made by determination in relation to determined fees.
(3) The power mentioned in subsection (2) (b) includes power to make provision in relation to an entitlement to a waiver, postponement or refund of determined fees in circumstances prescribed under the regulations (including the removal of a statutory capacity).
(4) The regulations may make provision in relation to the payment of determined fees by cheque or credit card, including, for example, the consequences of a cheque not being honoured on presentation or a credit card transaction not being honoured.
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