Document ID: chunk:federal_register_of_legislation:C2010C00237:clause:3_105
Version: federal_register_of_legislation:C2010C00237
Segment Type: clause
Provision Reference: sch 3 cl 105
Character Range: 112223–113498

105  Fees paid in advance before commencement

(1) If:
 (a) under the old Act, fees were payable in relation to matters of a particular kind; and
 (b) a person paid a fee, before commencement, in relation to a matter of that kind; and
 (c) the matter in relation to which the fee was paid did not arise before commencement; and
 (d) the matter (or a corresponding matter) arises after commencement;
the fee is taken, despite the repeal of the old Act, to become payable when the matter referred to in paragraph (d) arises.

Note: For example, a person applying for incorporation of an Aboriginal association under the old Act may have paid a fee before commencement in relation to the prospective issue of a certificate of incorporation if the application were successful. If the application is dealt with under the new Act and an Aboriginal and Torres Strait Islander corporation is registered as a result of the application, the fee becomes payable in relation to the registration (see subitem (2)).

(2) For the purpose of this item, the matter of the registration of an Aboriginal and Torres Strait Islander corporation under the new Act is taken to correspond to the matter of the issue of a certificate of incorporation to an Aboriginal association under the old Act.