74Delegation

74 Delegation

S. 74(1) amended by Nos 73/1994 s. 55(2)(a), 22/2022 s. 30.

(1) The Secretary may, by instrument, delegate to any officer of the Department or authorised officer any power of the Secretary under this Act or the regulations, other than this power of delegation.

S. 74(2) repealed by No. 73/1994 s. 55(2)(b).

75 Fees

(1) The Minister may, by notice published in the Government Gazette, fix fees to be paid under this Act and the rate of interest to be paid on overdue fees.

S. 75(1A) Inserted by No. 69/2004 s. 54(3).

(1A) A fee fixed under subsection (1) must be fixed as one or more fee units or as part of a fee unit.

S. 75(1B) Inserted by No. 69/2004 s. 54(3).

(1B) The following applies in respect of a fee—

(a) the fee may be expressed as being, or including, a part of a fee unit, but only of a part that is a tenth or more of a fee unit;

(b) the amount of the fee is to be calculated by multiplying the number of fee units applicable by the value of a fee unit fixed from time to time under section 5 of the Monetary Units Act 2004;

(c) despite section 7(3) of the Monetary Units Act 2004, if the amount of a fee calculated in accordance with paragraph (b) is not a multiple of 5 cents, the amount must be rounded down to the nearest multiple of 5 cents.

(2) The power to fix fees under this section may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b) so as to make, with respect to the cases in relation to which the power is exercised—

(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, of different provisions for the same case or class of case for different purposes; or

(ii) any such provision either unconditionally or subject to any specified condition.

(3) Any fee due under this Act bears interest at the rate fixed under subsection (1), from the date that the fee becomes due to the date that it is paid.

S. 75A inserted by No. 55/2001 s. 24.