Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:30
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 30
Character Range: 105967–108008

30  Fees

Application fees
 (1) The Secretary may charge a fee under this subsection for an application for a background check of an individual.
 (2) The amount of the fee must be based on the nature and complexity of the background check of an individual.
Note 1: A higher fee may be required for an initial background check of an individual than for a subsequent background check of the individual.
Note 2: The fee for a background check of an individual may vary depending on the kinds of information mentioned in section 5 of the Act that are to be assessed as part of the background check.

Additional fees if further information etc. requested
 (2A) The Secretary may charge a fee under this subsection for an application for a background check of an individual if:
 (a) the Secretary makes a request in relation to the application under subsection 11A(2); and
 (b) the background check is not cancelled under subsection 11A(7).
 (2B) The amount of the fee must be based on:
 (a) the nature and complexity of a background check of an individual; and
 (b) the effect on a background check of an individual of a request needing to be made under subsection 11A(2).
 (2C) A fee under subsection (2A) of this section is in addition to any fee the Secretary charges for the application under subsection (1).

General matters
 (3) If a fee under subsection (1) or (2A) is payable:
 (a) by an individual; or
 (b) by an issuing body, NHS entity, organising body or responsible entity that is not the Commonwealth or an unincorporated Commonwealth authority;
the fee is a debt due to the Commonwealth and is recoverable by the Secretary on behalf of the Commonwealth.
 (4) The Secretary may charge a fee under subsection (1) or (2A) in respect of a matter only if the Commonwealth incurs expenses in relation to the matter under the Act or this instrument.
Note: Under paragraph 18(2)(a) of the Act, a fee must not be such as to amount to taxation.

Part 5—Transitional, application and savings provisions

Division 1—AusCheck Regulations 2017