164Fees

#### 164 Fees (1) The regulations may prescribe, or prescribe a method of working out, the fees to be paid in respect of the making of an application to the APVMA, the lodging of a notice under Division 2AA of Part 2, or the doing of any thing by the APVMA or by an inspector, under this Code. (1A) The APVMA may make a legislative instrument setting out criteria for working out which fee applies under the regulations in a particular case. (2) Fees referred to in subsection (1) are due and payable in the manner and at the time or times that are prescribed. (4) Two or more fees may be prescribed for the same matter. (5) A fee is not payable in respect of the making of an application to the APVMA, the lodging of a notice under Division 2AA of Part 2, or the doing of any thing by the APVMA or by an inspector, under a provision of the Agvet Code of this jurisdiction in relation to an active constituent for a proposed or existing chemical product, a chemical product, or a label for containers for a chemical product, if a corresponding fee has been paid in respect of the making of a corresponding application, the lodging of a corresponding notice, or the doing of a corresponding thing, as the case may be, in relation to the same constituent, product or label, under the corresponding provision of the Agvet Code of another jurisdiction. (6) Any fee that the APVMA receives under this Code is to be paid to the Commonwealth. (7) If a fee has to be paid in respect of an application to the APVMA or in respect of the doing of any thing by the APVMA, the APVMA may refuse to consider the application or do that thing until the fee is paid. (7A) If a fee has to be paid in respect of a notice under Division 2AA of Part 2, the notice is taken not to have been lodged until the fee is paid. (8) The APVMA may, on behalf of the Commonwealth, either on its own initiative or on application by a person, waive the whole or a part of a fee that would otherwise be payable under this Code, or remit the whole or a part of a fee that has been paid under this Code: (a) if the fee is payable or was paid in respect of an application to the APVMA that is to be or has been withdrawn; or (b) in any other circumstances that are prescribed by the regulations. (9) If an application is made to the APVMA under subsection (8), it must give to the applicant written notice of its decision on the application.