Document ID: chunk:federal_register_of_legislation:F2005C00547:body:0:p2
Version: federal_register_of_legislation:F2005C00547
Segment Type: other
Provision Reference: 
Character Range: 2506–5102

time, to be the fee applicable to the utility or service.

 (2) A determination is of no effect in relation to any particular fee unless notice of the fee is published in the Gazette.

 (2A) A determination must specify the date on which the fee commences to apply, and may specify:
 (a) the manner in which the fee is to be paid; and
 (b) a date or period before the end of which the fee must be paid.

 (3) A determination may, in relation to a utility or service that is supplied in different localities or in different circumstances, fix different fees.

 (4) The amount of a fee is a debt due to the Commonwealth.

3D Power to determine fees — applied Act

 (1) If an applied Act provides for a person, or the holder of an office, to determine a fee the Minister may determine the fee:
 (a) as nearly as is practicable, in accordance with the applied Act; and
 (b) as if a reference to that person or holder were a reference to the Minister.

 (2) Despite any provision to the contrary in an applied Act to which this section applies, a determination under this section is of no effect unless notice of the fee is published in the Gazette.

4 Determination of fees

 (1) If:
 (a) an applied Act provides for fees to be determined by the Australian Capital Territory Minister and published in the Australian Capital Territory Gazette; and
 (b) that Minister makes a determination under the applied Act as in force in the Australian Capital Territory; and
 (c) the determination is published in the Australian Capital Territory Gazette;
  then, for the purpose of the applied Act as in force in the Territory, the determination is taken to have been made by the Minister and published in the Gazette.

 (2) Subsection (1) does not affect the power of the Minister to determine fees under an applied Act.

5 Tabling and disallowance of determination

  Sections 4G, 4H, 4J and 4K of the Jervis Bay Territory Acceptance Act 1915 apply in relation to a determination under this Ordinance as if a reference in those sections to an Ordinance were a reference to such a determination.

6 Delegation

  The Minister may delegate, in writing, to the holder of an office in the Department:
 (a) the Minister's power, under subsection 3B (1), to determine a fee; or
 (b) the Minister's power, under subsection 3D (1), to determine a fee.

Notes to the Administration Ordinance 1990

Note 1

The Administration Ordinance 1990 (in force under the Jervis Bay Territory Acceptance Act 1915) as shown in this compilation comprise Ordinance No. 1 of 1990 amended as indicated in the Tables below.

Table