Fee Units Amendment Act 2002 (TAS)

Fee Units Amendment Act 2002

An Act to amend the Fee Units Act 1997

[Royal Assent 25 June 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Fee Units Amendment Act 2002 . 2CommencementThis Act commences on 1 January 2003. 3Principal ActIn this Act, the Fee Units Act 1997 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition before the definition of CPI figure for Hobart : amendment notice means a notice under section 8A(3) that amends a tabled notice; (b) by omitting " Government Business Enterprises Act 1995 ." from paragraph (b) of the definition of Head of an Agency and substituting " Government Business Enterprises Act 1995 ;"; (c) by inserting the following definitions after the definition of Head of an Agency : notified fee means a fee referred to in a tabled notice; tabled notice means a notice that has been published under section 8 and laid before each House of Parliament in accordance with section 8(3) . 5Section 4 substituted Section 4 of the Principal Act is repealed and the following section is substituted: 4Use and interpretation of fee units (1)  If an enactment sets or adjusts a fee, the fee or adjusted fee must be expressed in fee units. (2)  If a fee is specified as a number of dollars in an enactment, the fee is to be read as the same number of fee units. 6Section 5 amended (Calculation of fee unit) Section 5(2) of the Principal Act is amended as follows: (a) by omitting "31 March" from the definition of B and substituting "31 December"; (b) by omitting " subsection (3) " from the definition of X and substituting " subsection (4) ". 7Section 7 amended (Notification of fee unit and fee unit adjustment factor) Section 7 of the Principal Act is amended by omitting "Before 1 June" and substituting "On or before 15 February". 8Section 8 amended (Notification of fees) Section 8 of the Principal Act is amended as follows: (a) by omitting subsection (2) and substituting the following subsections: (2)  The Head of an Agency is to publish the notice on or before 31 March immediately preceding the financial year during which the amount of the fee is to apply. (2A)  In subsections (1) and (2) , the reference to the Head of an Agency is a reference to the Head of an Agency responsible to the Minister to whom is assigned the administration of the enactment by which the fee is set. (b) by inserting in subsection (3) " section 8 and" after "provisions of". 9Sections 8A , 8B and 8C insertedAfter section 8 of the Principal Act , the following sections are inserted: 8ACorrection of notice (1)  If a Head of an Agency becomes aware that a notice published by him or her under section 8 includes an incorrect fee or mistakenly omits a fee and that notice has not been laid before each House of Parliament in accordance with section 8(3) , that Head of an Agency must amend the notice, by further notice published in the Gazette, to correct or insert the fee. (2)  If under subsection (1) a fee is corrected or inserted in a notice published under section 8  – (a) the corrected or inserted fee is taken to have been included in that notice from the time it was so published; and (b) the notice to be laid before each House of Parliament under section 8(3) must specify the fee as so corrected or inserted. (3)  If a notice published under section 8 includes an incorrect fee or mistakenly omits a fee and that notice has been laid before each House of Parliament in accordance with section 8(3) , the Minister may amend that notice, by further notice published in the Gazette, to correct or insert the fee. (4) Section 8 of the Acts Interpretation Act 1931 applies to an amendment notice as if it were regulations within the meaning of that Act. (5)  If an amendment notice corrects a notified fee by increasing it or inserts a fee into a tabled notice, the provisions of section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an amendment notice as if it were regulations within the meaning of that Act. (6)  The Subordinate Legislation Committee Act 1969 applies to an amendment notice referred to in subsection (5) as if it were regulations within the meaning of that Act. 8BAmount of fee payable (1)  The amount of a notified fee payable at any time in a financial year is – (a) if the amount of the notified fee in respect of that financial year has not been disallowed by either House of Parliament, the amount specified in the relevant tabled notice; or (b) if the amount of the notified fee in respect of that financial year has been disallowed by either House of Parliament, the amount that was payable in the immediately preceding financial year. (2)  If a tabled notice in respect of a financial year is amended by an amendment notice that corrects the amount of a notified fee by increasing it or inserts a fee in the tabled notice, the amount of the fee payable (subject to any disallowance of the amendment by a House of Parliament) in that financial year after that amendment takes effect is that adjusted fee or inserted fee. (3)  If a tabled notice in respect of a financial year is amended by an amendment notice that corrects the amount of a notified fee by decreasing it, the amount of the fee payable in that financial year after that amendment commences is that corrected fee. (4)  Despite subsection (1) , if a notice published under section 8 specifies the amount of a fee in respect of a financial year and, after the publication of that notice in the Gazette (whether or not that notice has been laid before both Houses of Parliament), the enactment under which the fee is set is amended by adjusting the fee, the amount of the fee payable (before taking into account any goods and services tax payable on the fee and subject to any disallowance of that amendment by a House of Parliament) in that financial year or that part of that financial year remaining after the commencement of that amendment is the amount calculated in accordance with section 6 based on that adjusted fee. (5)  If a fee under an enactment is mistakenly omitted from a notice published under section 8 in respect of a financial year (whether or not it is also a tabled notice), or is included in a notice published under section 8 in respect of a financial year and that notice is not also a tabled notice – (a) the amount of the fee payable in that financial year is the amount that was payable in the immediately preceding financial year; or (b) if, after the publication of that notice in the Gazette, the enactment under which the fee is set is amended by adjusting the fee, the amount of the fee payable (before taking into account any goods and services tax payable on the fee and subject to any disallowance of that amendment by a House of Parliament) in that financial year or that part of that financial year remaining after the commencement of that amendment is the amount calculated in accordance with section 6 based on that adjusted fee. (6)  If during a financial year a new fee is set by an enactment, the amount of the fee payable (before taking into account any goods and services tax payable on the fee and subject to any disallowance of the enactment by a House of Parliament) in that part of the financial year remaining after the enactment commences is the amount calculated in accordance with section 6 . 8CRefund for certain overpayments of fees (1)  If the Minister makes an amendment notice that decreases the amount of a notified fee in respect of a financial year, the relevant Head of an Agency must give notice, in not less than 3 daily newspapers published and circulating in Tasmania – (a) of that decrease; and (b) advising that any person who has paid, in respect of that financial year, the amount of notified fee at the higher rate may apply to that Head of an Agency for a refund of the excess amount paid. (2)  If a person has paid a notified fee and an amendment notice later decreases that notified fee, the relevant Head of an Agency must refund to that person the amount paid in excess of the decreased notified fee if – (a) that Head of an Agency has a record of the identity of, and the amount paid by, the person; or (b) the person who paid the fee has – (i) applied to that Head of an Agency for the refund; and (ii) supplied to that Head of an Agency such evidence of the payment of the notified fee as that Head of an Agency considers sufficient. 10Section 10 substituted Section 10 of the Principal Act is repealed and the following sections are substituted: 10Effect of exemption If a fee is exempted from the application of this Act by a notice under section 9(1) , the amount of the fee after the commencement of the exemption, and subject to any adjustment in accordance with any other arrangement applying under the Act under which the fee is levied, is the same as it was immediately before the commencement of the exemption. 10AEffect of Act on right to adjust fees Nothing in this Act prevents the setting or adjustment, at any time, of a fee in accordance with the arrangements for setting or adjusting fees applying under the Act under which the fee may be, or is, levied.

[Second reading presentation speech made in:

House of Assembly on 23 APRIL 2002

Legislative Council on 30 MAY 2002]