Document ID: chunk:federal_register_of_legislation:C2004A00703:clause:1_91a
Version: federal_register_of_legislation:C2004A00703
Segment Type: clause
Provision Reference: sch 1 cl 91A
Character Range: 7478–8608

91A  Commonwealth not liable to pay a fee

 (1) The Commonwealth is not liable to pay a fee that is payable under this Act. However, it is the Parliament's intention that the Commonwealth should be notionally liable to pay such a fee.

 (2) The Minister for Finance and Administration may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (1) and, in particular, may give directions in relation to the transfer of money within an account, or between accounts, operated by the Commonwealth.

 (3) Directions under subsection (2) have effect, and must be complied with, despite any other Commonwealth law.

 (4) In subsections (1) and (2), Commonwealth includes:
 (a) an Agency (within the meaning of the Financial Management and Accountability Act 1997); and
 (b) a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997);
that cannot be made liable to taxation by a Commonwealth law.

Note: For persons that can be made liable to pay tax, but are exempt from the liability because of another Commonwealth law: see section 91B.