{"id":"tas:act-1997-047","name":"Fee Units Act 1997","slug":"fee-units-act-1997","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"47 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105975,"registerId":"tas-act-1997-047-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Fee Units Act 1997](/view/html/inforce/2026-04-12/act-1997-047) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –[*\\[Section 3 Subsection (1) amended by No. 21 of 2002, s. 4, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS4@Hpa@EN) [*\\[Section 3 Subsection (1) amended by No. 34 of 2023, s. 4, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS4@Hpa@EN)\n> > \n> > > ***CPI figure for Hobart*** means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the [Census and Statistics Act 1905](/view/html/inforce/2026-04-12/act-1997-047) of the Commonwealth;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 34 of 2023, s. 4, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS4@Hpb@EN) ***disallowed or rescinded*** means –\n> > > \n> > > > > (a) disallowed in accordance with [section 47 of the](/view/html/inforce/2026-04-12/act-1931-059#GS47@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ; or\n> > > > \n> > > > > (b) rescinded in accordance with [section 9 of the](/view/html/inforce/2026-04-12/act-1969-044#GS9@EN) [Subordinate Legislation Committee Act 1969](/view/html/inforce/2026-04-12/act-1969-044) ;\n> > \n> > > ***enactment*** means an Act, but does not include –\n> > > \n> > > > > (a) a regulation, rule or by-law unless it is –\n> > > > > \n> > > > > > > (i) made by the Governor; or\n> > > > > > \n> > > > > > > (ii) made by a person or body other than the Governor and is required by law to be approved, confirmed or assented to by the Governor; or\n> > > > \n> > > > > (b) any other instrument of a legislative character unless it is –\n> > > > > \n> > > > > > > (i) made under the authority of an Act; and\n> > > > > > \n> > > > > > > (ii) declared by the Minister under [subsection (2)](#GS3@Gs2@EN) to be an enactment for the purposes of this Act;\n> > \n> > > ***fee*** means a fee or charge that is payable under any enactment;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 21 of 2000, s. 4, Applied:31 May 2000\\]*](/view/html/inforce/2000-05-31/act-2000-021#GS4@EN) ***goods and services tax*** means the GST as defined in the [A New Tax System (Goods and Services Tax) Act 1999](/view/html/inforce/2026-04-12/act-1999-999) of the Commonwealth;\n> > \n> > > ***Head of an Agency*** means –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja52@GC1@EN) a Head of a State Service Agency; and\n> > > > \n> > > > > (b) [*\\[Section 3 Subsection (1) amended by No. 21 of 2002, s. 4, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS4@Hpb@EN) a chief executive officer within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 21 of 2002, s. 4, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS4@Hpc@EN) [*\\[Section 3 Subsection (1) amended by No. 34 of 2023, s. 4, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS4@Hpc@EN) [*\\[Section 3 Subsection (1) amended by No. 21 of 2002, s. 4, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS4@Hpc@EN) [*\\[Section 3 Subsection (1) amended by No. 34 of 2023, s. 4, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS4@Hpc@EN)\n> \n> > (2)  The Minister, by notice published in the *Gazette*, may declare an instrument of a legislative character to be an enactment for the purposes of this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Use and interpretation of fee units","content":"### 4 Use and interpretation of fee units\n\n> [*\\[Section 4 Substituted by No. 21 of 2002, s. 5, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS5@EN)\n> \n> > (1)  If an enactment sets or adjusts a fee, the fee or adjusted fee must be expressed in fee units.\n> \n> > (2)  If a fee is specified as a number of dollars in an enactment, the fee is to be read as the same number of fee units.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Calculation of value of fee unit and determination of fee unit adjustment factor","content":"### 5 Calculation of value of fee unit and determination of fee unit adjustment factor\n\n> > (1)  [*\\[Section 5 Subsection (1) omitted by No. 34 of 2023, s. 5, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS5@Hpa@EN) .  .  .  .  .  .  .  .  \n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 34 of 2023, s. 5, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS5@Hpb@EN) The Minister is to calculate the value of a fee unit in relation to a financial year in accordance with the following formula:\n> > \n> > [![graphic image](/image/feeseq.gif)](/image/feeseq.gif)\n> > \n> > where –\n> > \n> > > ***F1*** is the value in dollars of one fee unit during the relevant financial year;\n> > \n> > > [*\\[Section 5 Subsection (2) amended by No. 34 of 2023, s. 5, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS5@Hpc@EN) ***F0*** is the value in dollars of one fee unit during the previous financial year as determined in accordance with [section 6(3)](#GS6@Gs3@EN) ;\n> > \n> > > [*\\[Section 5 Subsection (2) amended by No. 21 of 2002, s. 6, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS6@Hpa@EN) ***B*** is the average CPI figure for Hobart in respect of the 4 quarters ending on 31 December immediately preceding the financial year in which the value of a fee unit is to apply;\n> > \n> > > ***C*** is the average CPI figure for Hobart in respect of the 4 quarters immediately preceding the 4 quarters referred to in the [definition of ***B***](#GS5@Gs2@Nd35829470625@EN) ;\n> > \n> > > [*\\[Section 5 Subsection (2) amended by No. 21 of 2002, s. 6, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS6@Hpb@EN) ***X*** is the fee unit adjustment factor, expressed as a decimal, determined under [subsection (4)](#GS5@Gs4@EN) .\n> \n> > (3)  The value of \"X\" in [subsection (2)](#GS5@Gs2@EN) must be greater than or equal to zero.\n> \n> > (4)  [*\\[Section 5 Subsection (4) amended by No. 34 of 2023, s. 5, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS5@Hpd@EN) The Minister is to determine annually an amount, to be known as the fee unit adjustment factor, representing the amount by which the ratio of \"B\" to \"C\" should be adjusted to reflect any matters the Minister considers relevant for the purposes of the fee unit calculation.\n> \n> > (5)  Where the value of a fee unit calculated in accordance with [subsection (2)](#GS5@Gs2@EN) contains a fraction of a cent that value is to be –\n> > \n> > > > (a) rounded up to the nearest cent, if the remainder is 0.5 of a cent or more; or\n> > > \n> > > > (b) rounded down to the nearest cent, if the remainder is less than 0.5 of a cent.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Setting of value of fee unit","content":"### 6 Setting of value of fee unit\n\n> [*\\[Section 6 Subsection (2) substituted by No. 21 of 2000, s. 5, Applied:31 May 2000\\]*](/view/html/inforce/2000-05-31/act-2000-021#GS5@EN) [*\\[Section 6 Substituted by No. 34 of 2023, s. 6, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS6@EN)\n> \n> > (1)  On or before 1 April in each calendar year, the Minister is to publish in the *Gazette* notice of –\n> > \n> > > > (a) the value of a fee unit, calculated in accordance with [section 5](#GS5@EN) , in respect of the financial year commencing on 1 July in that calendar year; and\n> > > \n> > > > (b) the fee unit adjustment factor, determined in respect of the financial year in accordance with [section 5(4)](#GS5@Gs4@EN) , that is used in the calculation of the value of the fee unit, together with a brief description of the matters taken into consideration in determining under [section 5(4)](#GS5@Gs4@EN) the fee unit adjustment factor.\n> \n> > (2)  [Section 8](/view/html/inforce/2026-04-12/act-1931-059#GS8@EN) , and [section 47(3), (3A), (4), (5), (6) and (7) of the](/view/html/inforce/2026-04-12/act-1931-059#GS47@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) apply to a notice published under [subsection (1)](#GS6@Gs1@EN) as if it were regulations within the meaning of that Act.\n> \n> > (3)  In each financial year, the value of a fee unit in respect of that financial year (the ***relevant year***) is –\n> > \n> > > > (a) subject to [paragraph (b)](#GS6@Gs3@Hpb@EN) , the value of a fee unit specified in the notice that is published under [subsection (1)](#GS6@Gs1@EN) in respect of the relevant year; or\n> > > \n> > > > (b) the value of a fee unit in respect of the financial year that immediately precedes the relevant year if –\n> > > > \n> > > > > > (i) no notice is published under [subsection (1)](#GS6@Gs1@EN) in respect of the relevant year; or\n> > > > > \n> > > > > > (ii) the notice that is published under [subsection (1)](#GS6@Gs1@EN) in respect of the relevant year is disallowed or rescinded before, or during, the relevant year.\n> \n> > (4)  For the avoidance of doubt, the disallowance or rescission of a notice published under [subsection (1)](#GS6@Gs1@EN) in respect of a financial year does not affect the validity of a fee collected in respect of that financial year before the disallowance or rescission occurred.\n> \n> > (5)  A notice under [subsection (1)](#GS6@Gs1@EN)  –\n> > \n> > > > (a) is a regulation within the meaning of the [Subordinate Legislation Committee Act 1969](/view/html/inforce/2026-04-12/act-1969-044) ; and\n> > > \n> > > > (b) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Calculation of fee","content":"### 7 Calculation of fee\n\n> [*\\[Section 7 Amended by No. 21 of 2002, s. 7, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS7@EN) [*\\[Section 7 Substituted by No. 34 of 2023, s. 6, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS6@EN)\n> \n> > (1)  The amount of a fee provided for by an enactment, in respect of a financial year, is to be calculated by multiplying the applicable number of fee units by the value of a fee unit in respect of the financial year as determined in accordance with [section 6](#GS6@EN) .\n> \n> > (2)  Subject to [subsection (3)](#GS7@Gs3@EN) , the amount of a fee calculated under [subsection (1)](#GS7@Gs1@EN) is to be rounded down to the nearest cent.\n> \n> > (3)  If an amount of goods and services tax is payable in respect of a fee calculated under [subsection (1)](#GS7@Gs1@EN)  –\n> > \n> > > > (a) the amount of the fee so calculated is not to be rounded down to the nearest cent in accordance with [subsection (2)](#GS7@Gs2@EN) ; and\n> > > \n> > > > (b) the sum of the fee so calculated and the amount of goods and services tax payable in respect of the fee is to be rounded down to the nearest cent.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Notification of fees","content":"### 8 Notification of fees\n\n> > (1)  [*\\[Section 8 Subsection (1) substituted by No. 21 of 2000, s. 6, Applied:31 May 2000\\]*](/view/html/inforce/2000-05-31/act-2000-021#GS6@EN) A Head of an Agency responsible for collecting a fee is to –\n> > \n> > > > (a) [*\\[Section 8 Subsection (1) amended by No. 34 of 2023, s. 7, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS7@Hpa@EN) before each financial year, publish in a notice on a website of the Agency –\n> > > > \n> > > > > > (i) the amount of the fee in respect of that financial year, excluding the goods and services tax if applicable; and\n> > > > > \n> > > > > > (ii) whether or not the goods and services tax applies to the fee in respect of that financial year; and\n> > > > > \n> > > > > > (iii) if the goods and services tax applies to the fee in respect of that financial year –\n> > > > > > \n> > > > > > > > (A) the amount of the goods and services tax payable in respect of the fee for that financial year; and\n> > > > > > > \n> > > > > > > > (B) the total fee payable, inclusive of the goods and services tax, in respect of that financial year; and\n> > > \n> > > > (b) [*\\[Section 8 Subsection (1) amended by No. 34 of 2023, s. 7, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS7@Hpb@EN) give any other notification specifying the amounts and matters referred to in paragraph (a) that the Head of an Agency considers appropriate for that financial year.\n> \n> > (2)  [*\\[Section 8 Subsection (2) substituted by No. 21 of 2002, s. 8, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS8@Hpa@EN) [*\\[Section 8 Subsection (2) substituted by No. 34 of 2023, s. 7, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS7@Hpc@EN) Subject to [subsection (3)](#GS8@Gs3@EN) , the Head of an Agency is to ensure that the information specified in [subsection (1)](#GS8@Gs1@EN) , for each fee that the Head of an Agency is responsible for collecting in a financial year, is –\n> > \n> > > > (a) freely available for viewing by members of the public on the website of the Agency; and\n> > > \n> > > > (b) made freely available to a member of the public in another format if requested by the member of the public –\n> > \n> > at all times during that financial year and the immediately following financial year.\n> \n> > (2A)  [*\\[Section 8 Subsection (2A) inserted by No. 21 of 2002, s. 8, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS8@Hpa@EN) [*\\[Section 8 Subsection (2A) omitted by No. 34 of 2023, s. 7, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS7@Hpc@EN) .  .  .  .  .  .  .  .  \n> \n> > (3)  [*\\[Section 8 Subsection (3) amended by No. 21 of 2002, s. 8, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS8@Hpb@EN) [*\\[Section 8 Subsection (3) substituted by No. 34 of 2023, s. 7, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS7@Hpc@EN) If a notice published under [section 6(1)](#GS6@Gs1@EN) in relation to a fee unit in respect of a financial year (the ***relevant year***) is disallowed or rescinded, the Head of an Agency is to ensure that, for each fee that the Head of an Agency is responsible for collecting in the relevant year, the following statements are made in accordance with [subsection (4)](#GS8@Gs4@EN) as soon as practicable after the disallowance or rescission:\n> > \n> > > > (a) in all cases, a statement that the notice published under [section 6(1)](#GS6@Gs1@EN) in respect of the relevant year has been disallowed or rescinded, as the case may be;\n> > > \n> > > > (b) if the notice is disallowed or rescinded before the commencement of the relevant year but after a notice has been published under [subsection (1)(a)](#GS8@Gs1@Hpa@EN) , a statement that specifies –\n> > > > \n> > > > > > (i) the total amount of the fee as published under [subsection (1)(a)](#GS8@Gs1@Hpa@EN) ; and\n> > > > > \n> > > > > > (ii) the total amount of the fee that is to apply at the start of the relevant year as a result of the disallowance or rescission;\n> > > \n> > > > (c) if the notice is disallowed or rescinded after the commencement of the relevant year, a statement that specifies –\n> > > > \n> > > > > > (i) the total amount of the fee as at the start of the relevant year; and\n> > > > > \n> > > > > > (ii) the date on which the disallowance or rescission, as the case may be, of the notice took effect; and\n> > > > > \n> > > > > > (iii) the total amount of the fee that applies in respect of such part of the relevant year as remains after the disallowance, or rescission, took effect.\n> \n> > (4)  [*\\[Section 8 Subsection (4) substituted by No. 34 of 2023, s. 7, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS7@Hpc@EN) Each statement under [subsection (3)](#GS8@Gs3@EN) in respect of a financial year is to be made available to members of the public, in accordance with [subsection (2)](#GS8@Gs2@EN) , for such part of the financial year as remains after the disallowance or rescission took effect and the immediately following financial year.","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Requirement to correct published fees","content":"### 8A Requirement to correct published fees\n\n> [*\\[Section 8A Inserted by No. 21 of 2002, s. 9, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS9@EN) [*\\[Section 8A Substituted by No. 34 of 2023, s. 8, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS8@EN) If a Head of an Agency becomes aware that –\n> \n> > > (a) a fee, published by that Head of an Agency under [section 8(1)](#GS8@Gs1@EN) or [(3)](#GS8@Gs3@EN) in relation to a financial year, is incorrect; or\n> > \n> > > (b) an enactment under which a fee that that Head of an Agency is responsible for collecting has been amended to reduce or increase the number of fee units to which the fee relates; or\n> > \n> > > (c) a fee that that Head of an Agency is responsible for collecting has not been published in accordance with [section 8(1)](#GS8@Gs1@EN) or [(3)](#GS8@Gs3@EN)  –\n> \n> that Head of an Agency must, as soon as practicable after becoming aware of the error, amendment or omission, publish the correct fee in accordance with [section 8(1)](#GS8@Gs1@EN) .","sortOrder":8},{"sectionNumber":"8B","sectionType":"section","heading":"Amount of fee payable","content":"### 8B Amount of fee payable\n\n> [*\\[Section 8B Inserted by No. 21 of 2002, s. 9, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS9@EN) [*\\[Section 8B Substituted by No. 34 of 2023, s. 8, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS8@EN)\n> \n> > (1)  Subject to [subsections (2)](#GS8B@Gs2@EN) , [(3)](#GS8B@Gs2@EN) and [(4)](#GS8B@Gs2@EN) , the amount of a fee payable at any time in a financial year is –\n> > \n> > > > (a) if the goods and services tax is not applicable to the fee, the amount for that fee that is published in accordance with [section 8(1)](#GS8@Gs1@EN) in respect of the financial year; or\n> > > \n> > > > (b) if the goods and services tax is applicable to the fee, the total fee payable, inclusive of the goods and services tax, that is published in accordance with [section 8(1)](#GS8@Gs1@EN) in respect of the financial year.\n> \n> > (2)  Despite [subsection (1)](#GS8B@Gs1@EN) , if a notice published under [section 6(1)](#GS6@Gs1@EN) in relation to a fee unit for a financial year is disallowed or rescinded, the fee payable in respect of such part of the financial year as remains after the disallowance or rescission is the amount for the fee that is specified in respect of that part of the year in the statement by the Head of an Agency under [section 8(3)](#GS8@Gs3@EN) .\n> \n> > (3)  Despite [subsection (1)](#GS8B@Gs1@EN) , if a fee is incorrectly published in accordance with [section 8(1)](#GS8@Gs1@EN) or [(3)](#GS8@Gs3@EN) in respect of a financial year, or is not published in accordance with [section 8(1)](#GS8@Gs1@EN) in respect of a financial year, the fee payable for that financial year is –\n> > \n> > > > (a) subject to paragraph (b), the fee that was payable in the immediately preceding financial year; and\n> > > \n> > > > (b) if the Head of an Agency publishes the correct fee, or omitted fee, under [section 8A](#GS8A@EN) during the financial year to which the fee relates, the fee as published in respect of such part of the relevant financial year as remains after the correct fee, or omitted fee, is so published under that section.\n> \n> > (4)  Despite [subsection (1)](#GS8B@Gs1@EN) , if an enactment is amended, during a financial year, in a manner which results in a reduction or increase in the number of fee units to which a fee relates, the fee payable for that financial year is –\n> > \n> > > > (a) if the fee is payable before the enactment is amended, the fee payable for that part of the financial year in accordance with this section; and\n> > > \n> > > > (b) if the fee is payable on or after the enactment is amended, the fee published under [section 8A](#GS8A@EN) in respect of such part of the relevant financial year as remains after the enactment is so amended.\n> \n> > (5)  For the purposes of this section, a fee published under [section 8(1)](#GS8@Gs1@EN) is not incorrect solely on the basis that the enactment under which the fee is payable is amended to reduce or increase the number of fee units to which the fee relates.","sortOrder":9},{"sectionNumber":"8C","sectionType":"section","heading":"Refund for overpayment of certain fees","content":"### 8C Refund for overpayment of certain fees\n\n> [*\\[Section 8C Inserted by No. 21 of 2002, s. 9, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS9@EN) [*\\[Section 8C Substituted by No. 34 of 2023, s. 8, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS8@EN)\n> \n> > (1)  This section applies in relation to a fee in respect of a financial year if –\n> > \n> > > > (a) the fee (the ***incorrect fee***) –\n> > > > \n> > > > > > (i) was incorrectly published in accordance with [section 8(1)](#GS8@Gs1@EN) or [(3)](#GS8@Gs3@EN) in respect of the financial year; or\n> > > > > \n> > > > > > (ii) was not published in accordance with [section 8(1)](#GS8@Gs1@EN) in respect of the financial year; and\n> > > \n> > > > (b) the Head of an Agency who is responsible for collecting the fee publishes the correct fee, or the omitted fee, in respect of the financial year under [section 8A](#GS8A@EN) (the ***correct fee***); and\n> > > \n> > > > (c) the correct fee in respect of the financial year was less than the incorrect fee collected for any part of that financial year.\n> \n> > (2)  If this section applies in relation to a fee in respect of a financial year, the Head of an Agency who is responsible for collecting the fee must –\n> > \n> > > > (a) publish a statement on the website of the Agency –\n> > > > \n> > > > > > (i) setting out the reason for the reduction of the amount of the fee; and\n> > > > > \n> > > > > > (ii) advising that any person who paid the incorrect fee in respect of that financial year may be entitled to a refund of so much of the fee paid by the person that is greater than the correct fee in respect of that financial year; and\n> > > \n> > > > (b) make all reasonable efforts to contact all such persons, who paid the incorrect fee in respect of that financial year, so as to advise them that they may be entitled to a refund under this section.\n> \n> > (3)  A person who has paid an incorrect fee in respect of a financial year may apply to the Head of an Agency, who is responsible for collecting the fee, for a refund of the amount of the fee that was paid by the person in respect of the financial year that was in excess of the correct fee in respect of the financial year.\n> \n> > (4)  The Head of an Agency who is responsible for collecting a fee to which this section relates –\n> > \n> > > > (a) may, on the Head of an Agency's own initiative, refund to a person the amount of the fee that was paid by the person, in respect of a financial year, that is in excess of the correct fee in respect of the financial year if the Head of an Agency is satisfied that the person paid the incorrect fee in respect of the financial year; or\n> > > \n> > > > (b) must refund the amount of the fee that has been paid by a person in a financial year that is in excess of the correct fee in respect of the financial year if –\n> > > > \n> > > > > > (i) the person has applied to that Head of an Agency for the refund; and\n> > > > > \n> > > > > > (ii) that Head of an Agency is satisfied that the person paid the incorrect fee in respect of the financial year and that the excess amount has not already been refunded to the person.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Exemptions","content":"### 9 Exemptions\n\n> > (1)  The Minister, by notice published in the *Gazette*, may specify certain fees to be exempt from the application of this Act.\n> \n> > (2)  This Act does not apply if a fee is levied by a Government Business Enterprise, within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) , unless the fee relates to a public regulatory function or power of that Government Business Enterprise.\n> \n> > (3)  The Minister, by written notice to a Government Business Enterprise, may determine whether a fee relates to a public regulatory function or power of the Government Business Enterprise.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Effect of exemption","content":"### 10 Effect of exemption\n\n> [*\\[Section 10 Substituted by No. 21 of 2002, s. 10, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS10@EN) If a fee is exempted from the application of this Act by a notice under [section 9(1)](#GS9@Gs1@EN) , the amount of the fee after the commencement of the exemption, and subject to any adjustment in accordance with any other arrangement applying under the Act under which the fee is levied, is the same as it was immediately before the commencement of the exemption.","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Effect of Act on right to adjust fees","content":"### 10A Effect of Act on right to adjust fees\n\n> [*\\[Section 10A Inserted by No. 21 of 2002, s. 10, Applied:01 Jan 2003\\]*](/view/html/inforce/2003-01-01/act-2002-021#GS10@EN) Nothing in this Act prevents the setting or adjustment, at any time, of a fee in accordance with the arrangements for setting or adjusting fees applying under the Act under which the fee may be, or is, levied.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Notices not statutory rules","content":"### 11 Notices not statutory rules\n\n> A notice under this Act is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":14},{"sectionNumber":"11A","sectionType":"section","heading":"Transitional provisions consequent on enactment of Fee Units Amendment Act 2023","content":"### 11A Transitional provisions consequent on enactment of Fee Units Amendment Act 2023\n\n> [*\\[Section 11A Inserted by No. 34 of 2023, s. 9, Applied:01 Jan 2024\\]*](/view/html/inforce/2024-01-01/act-2023-034#GS9@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***commencement day*** means the day on which the *Fee Units Amendment Act 2023* commences;\n> > \n> > > ***current financial year*** means the financial year in which the commencement day occurs;\n> > \n> > > ***next financial year*** means the financial year commencing immediately at the end of the current financial year.\n> \n> > (2)  This Act, as in force immediately before the commencement day, applies to –\n> > \n> > > > (a) a notice that –\n> > > > \n> > > > > > (i) relates to the current financial year; and\n> > > > > \n> > > > > > (ii) is published under section 7, 8 or 8A, as in force before the commencement day; and\n> > > \n> > > > (b) a fee payable in respect of the current financial year including, but not limited to –\n> > > > \n> > > > > > (i) the calculation of the fee, and the total fee payable, in respect of the current financial year; and\n> > > > > \n> > > > > > (ii) a refund in respect of an overpayment of the fee payable in respect of the current financial year; and\n> > > > > \n> > > > > > (iii) if required, the publication of a notice under section 8A, as in force immediately before the commencement day, in relation to the fee payable in respect of the current financial year.\n> \n> > (3)  A fee payable on the last day of the current financial year is taken, on and after the commencement of the next financial year, to be the fee published under [section 8(1)](#GS8@Gs1@EN) , as in force immediately after the commencement day, in respect of the current financial year.\n> \n> > (4)  If the commencement day occurs after 15 February in the current financial year, but before 1 July in the next financial year –\n> > \n> > > > (a) the notice, that is published under section 7 as in force immediately before the commencement day, in respect of the next financial year is taken to be a notice that is published under [section 6(1)](#GS6@Gs1@EN) , as in force immediately after the commencement day, in respect of the next financial year; and\n> > > \n> > > > (b) this Act, as in force immediately after the commencement day, applies to the notice.\n> \n> > (5)  If the commencement day occurs after 31 March in the current financial year, but before 1 July in the next financial year –\n> > \n> > > > (a) the fees specified in a notice in respect of the next financial year published by a Head of an Agency under section 8, as in force immediately before the commencement day, are taken to have been published in respect of the next financial year in accordance with [section 8(1)](#GS8@Gs1@EN) , as in force immediately after the commencement day; and\n> > > \n> > > > (b) this Act, as in force immediately after the commencement day, applies to the fees.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Administration of Act","content":"### 12 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Finance; and\n> > \n> > > (b) the Department responsible to the Minister for Finance in relation to the administration of this Act is the Department of Treasury and Finance.","sortOrder":16}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained true to its original intent as a straightforward administrative mechanism for standardising fee expression across Tasmanian legislation. No evidence of significant scope expansion or mission creep."},"complexity_factors":["Very narrow and specific purpose — limited scope of operation","Minimal substantive legal obligations on individuals or entities","Primarily a mechanical/administrative framework rather than a rights or duties-based law","Short legislation with few operative provisions"],"plain_english_summary":"The Fee Units Act 1997 creates a standard way for Tasmanian laws to state government fees as \"fee units\" instead of fixed dollar amounts. Governments set the dollar value of one fee unit (typically annually), so fees can be changed across statutes without amending each law. This speeds up fee adjustments and affects anyone paying or administering state fees and licences."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1997 Act appears to have been a straightforward inflation-indexing mechanism for government fees. However, the 2002 and particularly the 2023 amendments have significantly expanded its scope. The legislation now includes: comprehensive error-correction and refund mechanisms (sections 8A-8C); detailed website publication requirements replacing or supplementing Gazette notices; complex transitional arrangements for mid-year legislative changes; and sophisticated disallowance/rescission handling with multiple fallback scenarios. What began as a simple 'set a fee unit value annually' system has grown into a detailed administrative framework governing how agencies must communicate fees, correct mistakes, and handle parliamentary intervention."},"complexity_factors":["Multiple mathematical formulas with defined variables (F1, F0, B, C, X) in section 5","Nested conditional logic throughout (e.g., section 8B has 4 subsections each starting with 'Despite subsection (1)' creating layered exceptions)","Cross-references to at least 6 other Acts (Acts Interpretation Act 1931, Subordinate Legislation Committee Act 1969, Census and Statistics Act 1905, GST Act 1999, Government Business Enterprises Act 1995, Rules Publication Act 1953, Administrative Arrangements Act 1990)","Complex transitional provisions in section 11A dealing with overlapping financial years and commencement dates","Multiple amendment layers visible in the text (amendments from 2000, 2002, and 2023 creating a patchwork of substituted sections)","Dual publication regimes (Gazette notices vs website publication) with different legal effects","Sophisticated disallowance/rescission mechanics with fallback fee calculations (sections 6 and 8)","9 defined terms in the interpretation section, some with their own nested definitions (e.g., 'enactment' has 2 levels of exceptions)"],"plain_english_summary":"This law creates a system for setting and adjusting government fees in Tasmania using 'fee units' instead of fixed dollar amounts.\n\n**What it does:**\n- **Replaces dollar amounts with 'fee units'**: When the government wants to charge a fee for a service (like a licence or permit), the law that creates that fee must express it as a number of 'fee units' rather than a fixed dollar amount.\n- **Automatically adjusts fees for inflation**: Each year, the Minister calculates the dollar value of one fee unit based on Hobart's Consumer Price Index (CPI) plus an adjustment factor. This means fees go up automatically with inflation without needing new laws every year.\n- **Requires public notification**: Government agencies must publish their fees on their websites before each financial year, showing both the base fee and any GST.\n- **Handles mistakes and changes**: If a fee is published incorrectly, or if the annual fee unit notice gets blocked by Parliament, the law sets out fallback rules for what people actually pay. It also requires refunds if someone was overcharged due to an error.\n\n**Who it affects:**\n- **Government agencies**: They must calculate their fees using the fee unit system and publish them online.\n- **Anyone paying government fees**: The amount you pay changes each year based on the fee unit value, and you have rights to refunds if overcharged.\n- **Government Business Enterprises** (like state-owned companies): They're mostly exempt unless the fee relates to a regulatory function.\n\n**Why it matters:**\nWithout this system, every government fee would need its own law to adjust for inflation. This creates a 'one-stop shop' where fees keep pace with the cost of living automatically, while keeping the process transparent through annual publication requirements."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. Amendments expand how fee units are determined and administered: ministerial discretion to adjust the CPI ratio (s5(4)); explicit use of Hobart CPI in the formula (s3(1) definition, s5(2)); strengthened publication, correction and refund duties for agency heads including web publication (s6(1), s8, s8A, s8C); a clearer exemption carve-out for Government Business Enterprises (s9, s10); and transitional rules for the 2023 changes (s11A). These changes broaden administrative duties and introduce policy discretion into annual fee-setting."},"complexity_factors":["Annual numerical formula linking fee-unit value to Hobart CPI and a Minister-determined adjustment factor (s5(2),(4))","Ministerial discretion to set the fee unit adjustment factor (s5(4)) introducing policy judgement into the formula","Timing and publication rules for the fee-unit value and adjustment factor (s6(1)) and legal status of those notices (s6(2),(5), s11)","Detailed notification, availability and correction duties on Heads of Agencies including web publication and alternative formats (s8, s8A)","Interplay with GST treatment and special rounding rules when GST applies (s7(2),(3); s8(1)(a)(ii)-(iii))","Refund and outreach obligations when incorrect fees were collected (s8C)","Exemption regime and carve-out for Government Business Enterprises unless fee is regulatory, with Ministerial determination power (s9, s10)","Transitional provisions addressing amendments and timing around the 2023 amendments (s11A)","Cross‑references to multiple external Acts (Acts Interpretation Act, Subordinate Legislation Committee Act, Government Business Enterprises Act, Rules Publication Act) that affect disallowance/rescission and instrument status","Multiple edge-case rules on which published fee applies when notices are disallowed/rescinded or enactments are amended (s6(3)-(4), s8(3)-(4), s8B(2)-(4))"],"plain_english_summary":"This Act makes most statutory fees be stated in “fee units” and sets how the dollar value of a fee unit is calculated each year using the Hobart CPI plus an annual adjustment factor the Minister may determine. It requires agency heads to publish fee amounts (and GST treatment), provides rounding and GST rules, creates correction and refund duties where published fees are wrong, and allows specified exemptions (including limited Government Business Enterprise exclusions). It matters because it fixes who sets annual fee values, how fees move with inflation, and the public-notification and refund obligations agencies must follow."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fee-units-act-1997","history":"/api/acts/fee-units-act-1997/history","analysis":"/api/acts/fee-units-act-1997/analysis","conflicts":"/api/acts/fee-units-act-1997/conflicts","importantCases":"/api/acts/fee-units-act-1997/important-cases","documents":"/api/acts/fee-units-act-1997/documents"}}