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Legislative Assembly for the ACT: 2001 Week 8 Hansard (7 August) . . Page.. 2516 ..
[2.22A] Section 56 (1)
substitute
(1) This section applies if an Act (the authorising law ) authorises fees to be determined for 1 of the following (the relevant law ):
(a) the authorising law; or
(b) another Act or statutory instrument.
(1A) The authorising law authorises a fee to be determined with respect to any matter under or related to the relevant law.
(1B) To avoid any doubt, a fee may be determined for a provision of the relevant law even though the provision does not mention a fee.
Example
The X Act, section 15 provides for a person to apply for an approval but makes no mention of a fee for the approval. However, section 79 (1) of the Act provides:
The Minister may, in writing, determine fees for this Act.
Because section 79 (1) permits a fee to be determined 'for this Act', section 56 of the Legislation Act 2001 applies in relation to section 15 and the Minister may determine an application fee for the approval.
Explanatory note
Proposed section 56 (1) recasts the subsection to simplify the language of the subsections that follow. Proposed section 56 (1A) clarifies the scope of the power to determine fees in response to comments of the Scrutiny Committee. Proposed section 56 (1B) makes it clear that a fee may be determined for a provision even though the provision does not mention a fee. The operation of section 56 (1B) is illustrated by an example.[2.22B] Section 56 (2)
omit
The fee may
substitute
A fee may
Explanatory note
This amendment is consequential on amendment 2.22A.[2.22C] Section 56
renumber subsections when Act next republished under Legislation Act 2001
Explanatory note
In accordance with current drafting practice, this amendment provides for the subsections in section 56 to be renumbered in ordinary numerical sequence when the Act is next republished.
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