Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:4_102n
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 4 cl 102N
Character Range: 270183–271613

102N  Late payment penalty
 (1) If an amount of:
 (a) charge; or
 (b) an instalment of charge;
that is payable by a person remains unpaid after the day on which it becomes due and payable, the person is liable to pay a penalty (late payment penalty) on the unpaid amount for each day until all of:
 (c) the charge; or
 (d) the instalment of charge;
as the case may be, has been paid.
 (2) The late payment penalty rate is 20% per year, or such lower rate as the ACMA determines in writing for the purposes of this subsection.
 (3) The ACMA may remit the whole or part of a late payment penalty that a person is liable to pay under subsection (1).
 (4) The late payment penalty for a day is due and payable at the end of that day.
 (5) Late payment penalty:
 (a) is a debt due to the ACMA on behalf of the Commonwealth; and
 (b) may be recovered by the ACMA, on behalf of the Commonwealth, in:
 (i) the Federal Court; or
 (ii) the Federal Circuit Court; or
 (iii) a court of a State or Territory that has jurisdiction in relation to the matter.
 (6) If the amount of the late payment penalty for a day is not an amount of whole dollars, the late payment penalty is rounded to the nearest dollar (rounding 50 cents upwards).
 (7) A determination under subsection (2) is a legislative instrument.

Division 8—Disclosure of information

Subdivision A—Access to information or documents held by a carrier or carriage service provider