30Fees

30 Fees

Application fees (1) The Secretary may charge a fee under this subsection for an application for one or more background checks of an individual. (2) The amount of the fee must be based on the number, nature and complexity of the background checks of an individual.

Note 1: A higher fee may be required for an initial background check of an individual than for a subsequent background check of the individual.

Note 2: The fee for a background check of an individual may vary depending on the kinds of information mentioned in section 5 of the Act that are to be assessed as part of the background check.

Note 3: An example of a situation where an application may be for more than one background checks is an application made under subsection 11AF(2), which is for both the initial background check and the follow up background checks of an individual.

Additional fees if further information etc. requested (2A) The Secretary may charge a fee under this subsection for an application for a background check of an individual if: (a) the Secretary makes a request in relation to the application under subsection 11A(2); and (b) the background check is not cancelled under subsection 11A(7). (2B) The amount of the fee must be based on: (a) the nature and complexity of a background check of an individual; and (b) the effect on a background check of an individual of a request needing to be made under subsection 11A(2). (2C) A fee under subsection (2A) of this section is in addition to any fee the Secretary charges for the application under subsection (1). General matters (3) If a fee under subsection (1) or (2A) is payable: (a) by an individual; or (b) by an issuing body, NHS entity, organising body or responsible entity that is not the Commonwealth or an unincorporated Commonwealth authority; the fee is a debt due to the Commonwealth and is recoverable by the Secretary on behalf of the Commonwealth. (4) The Secretary may charge a fee under subsection (1) or (2A) in respect of a matter only if the Commonwealth incurs expenses, or expects to incur expenses, in relation to the matter under the Act or this instrument.

Note: Under paragraph 18(2)(a) of the Act, a fee must not be such as to amount to taxation.

(5) The Secretary may, if satisfied that it is appropriate in all circumstances, refund the whole or part of a fee that is charged under subsection (1).