Document ID: chunk:federal_register_of_legislation:C2023A00095:section:31
Version: federal_register_of_legislation:C2023A00095
Segment Type: section
Provision Reference: s 31
Character Range: 47910–49157

31  Fees
 (1) The Secretary may, on behalf of the Commonwealth, charge a fee in relation to the disclosure of protected information to a person (other than a Commonwealth authority) under section 21 or 22 if the disclosure is made in response to a specific request by the person.
 (2) The amount of the fee that may be charged under subsection (1) is the amount:
 (a) determined by the Commonwealth Chief Medical Officer by legislative instrument; or
 (b) worked out in accordance with a method determined by the Commonwealth Chief Medical Officer by legislative instrument.
 (3) A legislative instrument under paragraph (2)(a) or (b) may determine different amounts, or different methods for working out amounts (as the case may be), having regard to the form or manner in which protected information is disclosed.
 (4) A fee that is due and payable to the Commonwealth under subsection (1) may be recovered as a debt that is due to the Commonwealth by action in:
 (a) the Federal Court of Australia; or
 (b) the Federal Circuit and Family Court of Australia (Division 2); or
 (c) a court of a State or Territory that has jurisdiction in relation to the matter.
 (5) A fee charged under subsection (1) must not be such as to amount to taxation.