Document ID: chunk:federal_register_of_legislation:C2024A00103:clause:2_2
Version: federal_register_of_legislation:C2024A00103
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 9109–9759

2  Payment surcharges charged before commencement
(1) This item applies if, at a time occurring on or after 1 January 2003 and before the commencement of this Act:
 (a) a Commonwealth entity had, under a law of the Commonwealth, a State or a Territory, the power, function or duty of collecting a payment (the base payment); and
 (b) apart from this item, the base payment was not a surchargeable payment; and
 (c) the Commonwealth entity charged, or purported to charge, a payment surcharge in relation to the base payment.
(2) The Commonwealth entity is taken, by force of this item, to have always been authorised to charge the payment surcharge.