53Charges relating to the ACA’s costs

##### 53 Charges relating to the ACA’s costs (1) The ACA may, by written instrument, make determinations fixing charges for: (a) services and facilities provided by the ACA; and (b) any matter in relation to which expenses are incurred by the ACA under: (i) this Act; or (ii) the Telecommunications Act 1997; or (iia) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (iii) the Radiocommunications Act 1992; or (iv) an instrument made under an Act referred to in subparagraph (ii), (iia) or (iii); and specifying the persons by whom, and the times when, the charges are payable. (2) A charge fixed under subsection (1) must be reasonably related to the expenses incurred or to be incurred by the ACA in relation to the matters to which the charge relates and must not be such as to amount to taxation. (2A) For the purposes of recovering all or part of the ACA’s expenses relating to the performance of its functions under paragraph 8(1)(aa) or (ab), the ACA may charge a person an amount that has been: (a) agreed with the person; or (b) worked out under an agreement with the person. > Note 1: Paragraph 8(1)(aa) is about the ACA preparing to provide for the management of electronic addressing, and paragraph 8(1)(ab) is about the ACA providing for the management of electronic addressing. > Note 2: Subsection (2A) lets the ACA charge a consenting person for things done by the ACA in performing those functions, even though the charge would be a tax if it were imposed on the person without his or her consent. (2B) Subsection (2A) does not limit subsection (1). > Note: The ACA need not obtain a person’s agreement to a charge that relates to the ACA’s expenses in performing its functions mentioned in subsection (2A) and does not amount to taxation (either because the charge is a fee for the ACA providing the person with services or facilities or for another reason). (3) This section does not apply to services or facilities that the ACA provides under contract. (4) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.