Commonwealth Consolidated Acts

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OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 189

Fees

  (1)   The Commonwealth, or the Regulator or Registrar on behalf of the Commonwealth, may charge a fee for:

  (a)   dealing with an application made under this Act or the applied work health and safety provisions; or

  (b)   performing or exercising any other function or power under this Act or the applied work health and safety provisions.

  (2)   The amount of the fee is the amount:

  (a)   prescribed by the regulations; or

  (b)   worked out in accordance with a method prescribed by the regulations.

  (3)   The fee must not be such as to amount to taxation.

  (4)   The fee:

  (a)   is a debt due to the Commonwealth, or the Regulator or Registrar on behalf of the Commonwealth, as the case requires; and

  (b)   is recoverable by the Commonwealth, or the Regulator or Registrar on behalf of the Commonwealth, as the case requires, in a court of competent jurisdiction.

  (5)   The regulations may provide that:

  (a)   an application under this Act or the applied work health and safety provisions is taken to have been made only if a fee has been paid in relation to the application; and

  (b)   the Minister, the Registrar or the Regulator may decline to perform a function or exercise a power until a fee is paid.

  (6)   The regulations may provide for the remittal or refund of all or part of a fee referred to in subsection   (1).



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