Co-operatives (New South Wales) Amendment (Fees) Regulation 2017 (NSW)

No judgment structure available for this case.

New South Wales

Co-operatives (New South Wales)

Amendment (Fees) Regulation 2017

under the

Co-operatives (Adoption of National Law) Act 2012

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Co-operatives (Adoption of National Law) Act 2012.

MATT KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note
The object of this Regulation is to amend the Co-operatives (New South Wales) Regulation 2014 as follows:

(a)	to increase certain fees payable in connection with the administration of the Co-operatives (Adoption of National Law) Act 2012, the Co-operatives National Law (NSW) and the Co-operatives National Regulations (NSW),
(b)	to provide a mechanism for the automatic adjustment for inflation of those fees in future.

The fee increases effected by this Regulation are generally in line with movements in the Consumer Price section 18 (the general power to make local regulations).

Index (rounded to the nearest dollar).
Co-operatives (New South Wales) Amendment (Fees) Regulation

2017

under the

Co-operatives (Adoption of National Law) Act 2012

1 Name of Regulation
This Regulation is the Co-operatives (New South Wales) Amendment (Fees)
Regulation 2017.

2 Commencement
This Regulation commences on the day on 1 July 2017 and is required to be published on the NSW legislation website.

Schedule 1

Amendment of Co-operatives (New South Wales)
Regulation 2014

[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
fee unit—see Part 2 of Schedule 1.

[2] Clauses 11–13
Insert “Part 1 of” before “Schedule 1” wherever occurring.
[3] Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clause 11)

Part 1 Fees payable

Item Column 1 Column 2 Column 3
Provision Type of fee Fee (in fee
units)
1 CNL s 26 (1) (b) Application for registration of proposed co-operative— 3.70

(ii)

draft formation disclosure statement required under CNL s 23
2 CNL s 26 (1) (b) Application for registration of proposed co-operative— 1.06

(ii)

draft formation disclosure statement not required under CNL s 23
3 CNL s 31 (b) (ii) Application for registration of existing corporation— 3.70
draft formation disclosure statement required under
CNL s 23
4 CNL s 31 (b) (ii) Application for registration of existing corporation— 1.06
draft formation disclosure statement not required under
CNL s 23
5 CNL s 37 (b) (ii) Issue of duplicate certificate of registration 0.33
6 CNL s 60 Application for Registrar’s prior approval of certain 0.73
rule amendments
7 CNL s 63 (2) Application for registration of rule amendment, other 0.33
than where pre-approved under CNL s 60—per rule
(maximum of $158 per lodgment)
Plus fee for late lodgment:

(a) within first 28 days after due date 1.06
(b) after first 28 days after due date 2.12

8 CNL s 63 (4) Application for issue of certificate of registration of 0.33
rule amendment
9 CNL s 71 (1) Application for exemption from any or all provisions of 0.73
Division 2 of Part 2.4 of CNL
Item Column 1 Column 2 Column 3
Provision Type of fee Fee (in fee
units)
10 CNL s 82 (3) (a) Application for registration of disclosure statement for 2.64
compulsory share take up
11 CNL s 119 (5) Application to extend period for carrying on business 2.64
with too few members
12 CNL s 152 (3) Application for determination of a member’s eligibility 2.64
to vote on an active membership resolution
13 CNL s 171 Application for exemption of co-operative from any or 2.64
all provisions of Division 5 of Part 2.6 of CNL (former
member entitlements)
14 CNL s 213 (1) (d) Application for approval to keep register at another 0.73
office
15 CNL s 220 (7) Use of “Co-operative”, “Co-op” etc—application for 2.64
exemption by Registrar (cl 5 of this Regulation)
16 CNL s 221 (1) Application to approve omission of “Limited” or “Ltd” 1.59
in name
17 CNL s 222 (e) Application to approve abbreviation or elaboration of 0.33
name
18 CNL s 224 Application to approve change of name 2.64
19 CNL s 225 (2) Restriction on use of “Co-operative”, “Co-op” etc— 2.64
application for exemption by Registrar (cl 6 of this
Regulation)
20 CNL s 226 (4) Lodgment of notice of change of address Nil
Fee for late lodgment:

(a) within first 28 days after due date 1.06
(b) after first 28 days after due date 2.12

21 CNL s 226 (6) Application for exemption for a small co-operative or 0.73
class of small co-operatives from CNL s 226 (3)
requirement for a notice about the name of a
co-operative and its registered office
22 CNL s 233 (2) Application by member for review of voting 2.64
entitlement
23 CNL s 243 (2) (c) Filing fee for registration of special resolution—per 0.33

(ii)

resolution (maximum of $158 per lodgment) Plus fee for late lodgment:

(a) within first 28 days after due date 1.06
(b) after first 28 days after due date 2.12

24 CNL s 244 (3) Application for certificate of registration of special 0.33
resolution
25 CNL s 248 (3) Application for approval of disclosure statement for 2.64
special postal ballot
Item Column 1 Column 2 Column 3
Provision Type of fee Fee (in fee
units)
26 CNL s 289 Lodgment of annual financial reports by large 2.64
co-operative
Plus fee for late lodgment:

(a) within first 28 days after due date 1.06
(b) after first 28 days after due date 2.12

27 CNL s 290 Lodgment of half-year reports by co-operative that is a Nil
disclosing entity
Fee for late lodgment:

(a) within first 28 days after due date 1.06
(b) after first 28 days after due date 2.12

28 CNL s 293 Lodgment of annual return by small co-operative 0.72
Plus fee for late lodgment:

(a) within first 28 days after due date 1.06
(b) after first 28 days after due date 2.12

29 CNL s 316 (1) Application for exemption of certain persons (in 2.64
relation to a co-operative) from all or specified
requirements of “target provisions”
30 CNL s 317 (1) Application for exemption of certain persons (in 2.64
respect of a class of co-operatives) from all or specified
requirements of “target provisions”
31 CNL s 319 (1) Application for exemption of certain persons from all 2.64
or specified requirements of “target provisions”
32 CNL s 320 (1) Application for exemption of certain persons (in 2.64
respect of classes of audit firms or audit companies)
from all or specified requirements of “target
provisions”
33 CNL s 322 Application for exemption from a provision of CNR 2.64
made under Part 3.3 (Financial reports and audit) of
CNL
34 CNL s 337 Lodgment of disclosure documents for issue of 23.24
securities other than an issue of securities under CNL
s 338
35 CNL s 337 Application for exemption or modification of 11.41
disclosure provisions under Chapter 6D of
Corporations Act (as applied)
36 CNL s 338 (3) Application for approval of disclosure statement for 2.64
issue of non-share securities to members or employees
of co-operative
37 CNL s 343 (3) (a) Application for approval of disclosure statement for 2.64
compulsory loan from members to co-operative
38 CNL s 343 (10) Application for exemption from all or specified 2.64
provisions of CNL s 343 (requirements for compulsory
loans from members to co-operative)
Item Column 1 Column 2 Column 3
Provision Type of fee Fee (in fee
units)
39 CNL s 350 (1) (b) Application for approval of the statement and terms of 2.64
and (c) issue of CCUs
40 CNL s 359 (3) Application for exemption from a provision of CNL 2.64
s 248 and s 359 (requirements in respect of disposal or
acquisition of significant assets)
41 CNL s 363 (2) Application to permit a higher maximum level of share 2.64
interest than 20% in particular co-operative
42 CNL s 372 (1) Application by an individual for exemption from the 2.64
restrictions on share interests, relevant interests etc
43 CNL s 374 (1) (b) Application for approval of share offers provided for in 23.24

CNL s 373 that may result in substantial change in share interest in co-operative
44 CNL s 376 (5) Application to extend time permitted for board to 0.73
consider a share offer of the kind specified in CNL
s 373 (1)
45 CNL s 380 (1) Application for exemption from a provision of 11.41

Division 2 of Part 3.5 and s 248 of CNL (requirements for share offers under Division 2 of Part 3.5 of CNL)
46 CNL s 396 (2) Application for consent to merger or transfer of 0.73
engagements by way of board approval
47 CNL s 397 (2) Application for approval of disclosure statement for 2.64
purposes of a merger or transfer of engagements
48 CNL s 397 (4) Application for exemption of co-operative from 2.64

complying with CNL s 397 in relation to disclosure statement about a merger or transfer of engagements
49 CNL s 398 (1) Application for approval of merger or transfer of 0.73
engagements
50 CNL s 404 (4) Application for exemption from a provision of CNL 2.64
s 248 and s 404 (requirements for transfer of
incorporation)
51 CNL s 416 (1) (a) Application for Registrar’s permission to shorten 0.33
notice
52 CNL s 418 (1) (f) Application for direction exempting from 2.64
disqualification from administering compromise or
arrangement
53 CNL s 424 (1) (b) Application for Registrar’s statement of no objection to 2.64
compromise or arrangement
54 CNL s 425 (4) Lodgment of Supreme Court order with Registrar 0.33
relating to compromise or arrangement
Plus fee for late lodgment:

(a) within first 28 days after due date 1.06
(b) after first 28 days after due date 2.12

55 CNL s 428 (1) Application for Registrar’s approval of explanatory 11.41
statement for compromise or arrangement
Item Column 1 Column 2 Column 3
Provision Type of fee Fee (in fee
units)
56 CNL s 445 (3) Application for exemption from a provision of CNL 2.64
s 248 or s 445 (requirements for voluntary winding up)
57 CNL s 453 Application to Registrar to exercise powers in respect 2.64
of property of a deregistered co-operative
58 CNL s 476 (2) (a) Application to local Registrar to consent to merger or 0.73

transfer of engagements occurring as a result of approval by special resolution or decision by the board—merger between local and participating
co-operatives
59 CNL s 477 (2) Application for approval by appropriate Registrar of 2.64
disclosure statement for merger or transfer of
engagements—local and participating co-operatives
60 CNL s 477 (4) Application to appropriate Registrar for exemption 2.64
from requirements of CNL s 477 applying to a merger
or transfer of engagements—local and participating
co-operatives
61 CNL s 478 (1) Application for approval of merger or transfer of 2.64
engagements—local and participating co-operatives
62 CNL s 531 (1) (a) Application to Registrar for special meeting 2.64
63 CNL s 531 (1) (b) Application to Registrar for inquiry 5.07
64 CNL s 588 (1) Application to Registrar for a certificate stating that a 0.73
thing had or had not been done within a specified period
or by a specified date
65 CNL s 588 (2) Application to Registrar for a certificate stating that 0.73

requirements of the Law had or had not been complied with or had been complied with at a specified date or within a specified period
66 CNL s 588 (3) Application to Registrar for a certificate stating that on 0.42
a specified date a body was not or had ceased to be
registered as a co-operative under the Law
67 CNL s 601 (1) (a) Inspection of register of co-operatives 0.20
68 CNL s 601 (1) (b) Inspection of documents kept by Registrar relating to a 0.20
co-operative and prescribed by the National
Regulations
69 CNL s 601 (1) (c) Extract from register of co-operatives inspected under
CNL s 601 (1) (a):
first page 0.20
each additional page 0.01
70 CNL s 601 (1) (d) Certified copy of document that may be inspected
under CNL s 601 (1) (b):
first page 0.22
each additional page 0.02
Item Column 1 Column 2 Column 3
Provision Type of fee Fee (in fee
units)
71 CNL s 601 (1) (e) Copy of document that may be inspected under CNL
s 601 (1) (b):
first page 0.20
each additional page 0.01
72 CNL s 609 (1) Application for extension or shortening of time 0.73
73 CNL s 611 (2) (c) Application for permission to give notice to members 0.73
(iii) by newspaper
74 CNR reg 1.4 (5) Application by co-operative for declaration that it is a 2.64
small co-operative for a particular financial year
75 Co-operatives Application for approval for rules of certain 2.64
(Adoption of co-operatives to restrict voting rights
National Law) Act
2012, Sch 1, cl 5
(1) (a)
76 Co-operatives Application for prior approval of proposed amendment 0.73
(Adoption of of co-operative’s rules relating to cl 5 (1)
National Law) Act
2012, Sch 1, cl 5
(2)

Part 2 Adjustment of fees for inflation
1 Definitions
In this Part:
CPI number means the Consumer Price Index (All Groups Index) for Sydney
published by the Australian Bureau of Statistics in the latest published series
of that index.
financial year means a period of 12 months commencing on 1 July.
2 Calculation of fee unit for purposes of Regulation

(1) For the purposes of this Regulation, a fee unit is:

(a) in the financial year 2017–18—$100, and
(b) in each subsequent financial year—the amount calculated as follows:

$100 A  ----
B

where:
A is the CPI number for the March quarter in the financial year
immediately preceding the financial year for which the amount is
calculated.
B is the CPI number for the March quarter of 2017.

(2) The amount of a fee unit is to be rounded to the nearest cent (and an amount
of 0.5 cent is to be rounded down).

(3)

However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
3 Rounding of fee amounts
The amount of a fee calculated by reference to a fee unit is to be rounded to the nearest dollar (and an amount of 50 cents is to be rounded down).
4 Notice of indexed fees

(1) As soon as practicable after the CPI number for the March quarter is first
published by the Australian Statistician, the Secretary is required to:

(a)

notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and

(b)

give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.

(2) This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.

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Citations

Co-operatives (New South Wales) Amendment (Fees) Regulation 2017 (NSW)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Item	Column 1	Column 2	Column 3
Provision	Type of fee	Fee (in fee units)
1	CNL s 26 (1) (b)	Application for registration of proposed co-operative—	3.70
(ii)	draft formation disclosure statement required under CNL s 23
2	CNL s 26 (1) (b)	Application for registration of proposed co-operative—	1.06
(ii)	draft formation disclosure statement not required under CNL s 23
3	CNL s 31 (b) (ii)	Application for registration of existing corporation—	3.70
draft formation disclosure statement required under CNL s 23
4	CNL s 31 (b) (ii)	Application for registration of existing corporation—	1.06
draft formation disclosure statement not required under CNL s 23
5	CNL s 37 (b) (ii)	Issue of duplicate certificate of registration	0.33
6	CNL s 60	Application for Registrar’s prior approval of certain	0.73
rule amendments
7	CNL s 63 (2)	Application for registration of rule amendment, other	0.33
than where pre-approved under CNL s 60—per rule (maximum of $158 per lodgment)
Plus fee for late lodgment:

(a)	within first 28 days after due date	1.06
(b)	after first 28 days after due date	2.12

8	CNL s 63 (4)	Application for issue of certificate of registration of	0.33
rule amendment
9	CNL s 71 (1)	Application for exemption from any or all provisions of	0.73
Division 2 of Part 2.4 of CNL
Item	Column 1	Column 2	Column 3
Provision	Type of fee	Fee (in fee units)
10	CNL s 82 (3) (a)	Application for registration of disclosure statement for	2.64
compulsory share take up
11	CNL s 119 (5)	Application to extend period for carrying on business	2.64
with too few members
12	CNL s 152 (3)	Application for determination of a member’s eligibility	2.64
to vote on an active membership resolution
13	CNL s 171	Application for exemption of co-operative from any or	2.64
all provisions of Division 5 of Part 2.6 of CNL (former member entitlements)
14	CNL s 213 (1) (d)	Application for approval to keep register at another	0.73
office
15	CNL s 220 (7)	Use of “Co-operative”, “Co-op” etc—application for	2.64
exemption by Registrar (cl 5 of this Regulation)
16	CNL s 221 (1)	Application to approve omission of “Limited” or “Ltd”	1.59
in name
17	CNL s 222 (e)	Application to approve abbreviation or elaboration of	0.33
name
18	CNL s 224	Application to approve change of name	2.64
19	CNL s 225 (2)	Restriction on use of “Co-operative”, “Co-op” etc—	2.64
application for exemption by Registrar (cl 6 of this Regulation)
20	CNL s 226 (4)	Lodgment of notice of change of address	Nil
Fee for late lodgment:

21	CNL s 226 (6)	Application for exemption for a small co-operative or	0.73
class of small co-operatives from CNL s 226 (3) requirement for a notice about the name of a co-operative and its registered office
22	CNL s 233 (2)	Application by member for review of voting	2.64
entitlement
23	CNL s 243 (2) (c)	Filing fee for registration of special resolution—per	0.33
(ii)	resolution (maximum of $158 per lodgment) Plus fee for late lodgment:

24	CNL s 244 (3)	Application for certificate of registration of special	0.33
resolution
25	CNL s 248 (3)	Application for approval of disclosure statement for	2.64
special postal ballot
Item	Column 1	Column 2	Column 3
Provision	Type of fee	Fee (in fee units)
26	CNL s 289	Lodgment of annual financial reports by large	2.64
co-operative Plus fee for late lodgment:

27	CNL s 290	Lodgment of half-year reports by co-operative that is a	Nil
disclosing entity Fee for late lodgment:

28	CNL s 293	Lodgment of annual return by small co-operative	0.72
Plus fee for late lodgment:

29	CNL s 316 (1)	Application for exemption of certain persons (in	2.64
relation to a co-operative) from all or specified requirements of “target provisions”
30	CNL s 317 (1)	Application for exemption of certain persons (in	2.64
respect of a class of co-operatives) from all or specified requirements of “target provisions”
31	CNL s 319 (1)	Application for exemption of certain persons from all	2.64
or specified requirements of “target provisions”
32	CNL s 320 (1)	Application for exemption of certain persons (in	2.64
respect of classes of audit firms or audit companies) from all or specified requirements of “target provisions”
33	CNL s 322	Application for exemption from a provision of CNR	2.64
made under Part 3.3 (Financial reports and audit) of CNL
34	CNL s 337	Lodgment of disclosure documents for issue of	23.24
securities other than an issue of securities under CNL s 338
35	CNL s 337	Application for exemption or modification of	11.41
disclosure provisions under Chapter 6D of Corporations Act (as applied)
36	CNL s 338 (3)	Application for approval of disclosure statement for	2.64
issue of non-share securities to members or employees of co-operative
37	CNL s 343 (3) (a)	Application for approval of disclosure statement for	2.64
compulsory loan from members to co-operative
38	CNL s 343 (10)	Application for exemption from all or specified	2.64
provisions of CNL s 343 (requirements for compulsory loans from members to co-operative)
Item	Column 1	Column 2	Column 3
Provision	Type of fee	Fee (in fee units)
39	CNL s 350 (1) (b)	Application for approval of the statement and terms of	2.64
and (c)	issue of CCUs
40	CNL s 359 (3)	Application for exemption from a provision of CNL	2.64
s 248 and s 359 (requirements in respect of disposal or acquisition of significant assets)
41	CNL s 363 (2)	Application to permit a higher maximum level of share	2.64
interest than 20% in particular co-operative
42	CNL s 372 (1)	Application by an individual for exemption from the	2.64
restrictions on share interests, relevant interests etc
43	CNL s 374 (1) (b)	Application for approval of share offers provided for in	23.24
CNL s 373 that may result in substantial change in share interest in co-operative
44	CNL s 376 (5)	Application to extend time permitted for board to	0.73
consider a share offer of the kind specified in CNL s 373 (1)
45	CNL s 380 (1)	Application for exemption from a provision of	11.41
Division 2 of Part 3.5 and s 248 of CNL (requirements for share offers under Division 2 of Part 3.5 of CNL)
46	CNL s 396 (2)	Application for consent to merger or transfer of	0.73
engagements by way of board approval
47	CNL s 397 (2)	Application for approval of disclosure statement for	2.64
purposes of a merger or transfer of engagements
48	CNL s 397 (4)	Application for exemption of co-operative from	2.64
complying with CNL s 397 in relation to disclosure statement about a merger or transfer of engagements
49	CNL s 398 (1)	Application for approval of merger or transfer of	0.73
engagements
50	CNL s 404 (4)	Application for exemption from a provision of CNL	2.64
s 248 and s 404 (requirements for transfer of incorporation)
51	CNL s 416 (1) (a)	Application for Registrar’s permission to shorten	0.33
notice
52	CNL s 418 (1) (f)	Application for direction exempting from	2.64
disqualification from administering compromise or arrangement
53	CNL s 424 (1) (b)	Application for Registrar’s statement of no objection to	2.64
compromise or arrangement
54	CNL s 425 (4)	Lodgment of Supreme Court order with Registrar	0.33
relating to compromise or arrangement Plus fee for late lodgment:

55	CNL s 428 (1)	Application for Registrar’s approval of explanatory	11.41
statement for compromise or arrangement
Item	Column 1	Column 2	Column 3
Provision	Type of fee	Fee (in fee units)
56	CNL s 445 (3)	Application for exemption from a provision of CNL	2.64
s 248 or s 445 (requirements for voluntary winding up)
57	CNL s 453	Application to Registrar to exercise powers in respect	2.64
of property of a deregistered co-operative
58	CNL s 476 (2) (a)	Application to local Registrar to consent to merger or	0.73
transfer of engagements occurring as a result of approval by special resolution or decision by the board—merger between local and participating
co-operatives
59	CNL s 477 (2)	Application for approval by appropriate Registrar of	2.64
disclosure statement for merger or transfer of engagements—local and participating co-operatives
60	CNL s 477 (4)	Application to appropriate Registrar for exemption	2.64
from requirements of CNL s 477 applying to a merger or transfer of engagements—local and participating co-operatives
61	CNL s 478 (1)	Application for approval of merger or transfer of	2.64
engagements—local and participating co-operatives
62	CNL s 531 (1) (a)	Application to Registrar for special meeting	2.64
63	CNL s 531 (1) (b)	Application to Registrar for inquiry	5.07
64	CNL s 588 (1)	Application to Registrar for a certificate stating that a	0.73
thing had or had not been done within a specified period or by a specified date
65	CNL s 588 (2)	Application to Registrar for a certificate stating that	0.73
requirements of the Law had or had not been complied with or had been complied with at a specified date or within a specified period
66	CNL s 588 (3)	Application to Registrar for a certificate stating that on	0.42
a specified date a body was not or had ceased to be registered as a co-operative under the Law
67	CNL s 601 (1) (a)	Inspection of register of co-operatives	0.20
68	CNL s 601 (1) (b)	Inspection of documents kept by Registrar relating to a	0.20
co-operative and prescribed by the National Regulations
69	CNL s 601 (1) (c)	Extract from register of co-operatives inspected under CNL s 601 (1) (a):
first page	0.20
each additional page	0.01
70	CNL s 601 (1) (d)	Certified copy of document that may be inspected under CNL s 601 (1) (b):
first page	0.22
each additional page	0.02
Item	Column 1	Column 2	Column 3
Provision	Type of fee	Fee (in fee units)
71	CNL s 601 (1) (e)	Copy of document that may be inspected under CNL s 601 (1) (b):
first page	0.20
each additional page	0.01
72	CNL s 609 (1)	Application for extension or shortening of time	0.73
73	CNL s 611 (2) (c)	Application for permission to give notice to members	0.73
(iii)	by newspaper
74	CNR reg 1.4 (5)	Application by co-operative for declaration that it is a	2.64
small co-operative for a particular financial year
75	Co-operatives	Application for approval for rules of certain	2.64
(Adoption of	co-operatives to restrict voting rights
National Law) Act 2012, Sch 1, cl 5 (1) (a)
76	Co-operatives	Application for prior approval of proposed amendment	0.73
(Adoption of	of co-operative’s rules relating to cl 5 (1)
National Law) Act 2012, Sch 1, cl 5 (2)

(2)	The amount of a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).
(3)	However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.

(a)	notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and
(b)	give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.
(2)	This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.