Document ID: chunk:federal_register_of_legislation:C2004A04197:body:0:p11
Version: federal_register_of_legislation:C2004A04197
Segment Type: other
Provision Reference: 
Character Range: 26096–28727

so paid or transferred.

"(4) The Commission may require a surcharge to be paid as a single amount, or at a rate, determined by the Commission.

"(5) Where the Commission has specified an amount or rate in a notice relating to a Department or Commonwealth authority under subsection 96k (2), the Commission must not require the Department or authority:

    (a)     if a lump sum was so specified—to pay a larger amount by way of surcharge or to pay surcharge at a particular rate; and

    (b)     if a rate was so specified—to pay surcharge at a higher rate or as a single amount.

"(6) Any amount or amounts of surcharge payable by a Department or Commonwealth authority in relation to a financial year must be paid into, or transferred within, the Consolidated Revenue Fund in accordance with the directions of the Commission.
Commission to specify proposed surcharge

"96k. (1) The Secretary to a Department, or the principal officer of a Commonwealth authority, may, before making a request under paragraph 98 (1) (b) or subsection 98 (2), by written notice:

    (a)     notify the Commission of the manner in which, and the time or times when, it is proposed to pay or transfer the premium of the Department or authority for a particular financial year; and

    (b)     require the Commission to specify the amount of surcharge (if any) that would be payable, or the rate (if any) at which surcharge would be payable, under section 96j if the premium were so paid or transferred.

  "(2) On receipt of a notice, the Commission must, in writing:

  (a)     specify an amount or rate accordingly; or

    (b)     notify the Secretary or principal officer that no surcharge would be payable if the premium were paid or transferred in accordance with the manner, and at the time or times, described in the notice.

Penalty for late payment

"97. (1) If an amount of premium is not paid or transferred in accordance with a direction of the Minister, or such a direction as varied, interest is payable on the amount, at such rate as is from time to time specified by the Minister by notice in the Gazette, in respect of each day on which the amount is not so paid or transferred.

"(2) An amount of interest is not payable under this section if it is less than $100.

Limitation of Minister's power to give certain directions

"98. (1) The Minister must not give a direction under subsection 96g (2), or vary such a direction, if compliance with the direction, or the direction as so varied, would involve the possible payment of a surcharge under paragraph 96j (2) (a), unless:

    (a)     when the direction was given, or the