Document ID: chunk:federal_register_of_legislation:C2025C00129:section:120
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 120
Character Range: 358888–361383

120  Charging of fees
 (1) The Agency may charge fees in accordance with an instrument made under subsection (2).
 (2) The Minister may, by legislative instrument, prescribe:
 (a) the things that the Agency does in the performance of its functions for which it may charge fees; and
 (b) the amount, or a method of working out the amount, of those fees.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
 (3) An instrument made under subsection (2) must not allow:
 (a) a fee to be charged in relation to an access request; or
 (b) a participant to be charged a fee.
 (4) The Minister must not make an instrument under subsection (2) unless the Commonwealth and each host jurisdiction agree to the making of the instrument.

Process for seeking agreement
 (4A) The Minister must:
 (a) give a notice (the original notice) in writing to one host jurisdiction Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the making of the instrument and requesting the agreement be given before the end of 28 days beginning on the day the notice is given; and
 (b) provide a copy of the proposed instrument to that host jurisdiction Minister.
 (4B) If, immediately before the end of that 28‑day period:
 (a) no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the making of the instrument; and
 (b) no host jurisdiction Minister for that host jurisdiction has made a request under subsection (4C);
then, at the end of that period, that host jurisdiction is taken to have agreed to the making of the instrument.
 (4C) If, before the end of that 28‑day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the making of the instrument:
 (a) that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and
 (b) if, immediately before the end of that 90‑day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the making of the instrument, then, at the end of that period, that host jurisdiction is taken to have so agreed.

Fee must not amount to taxation
 (5) A fee must not be such as to amount to taxation.