CTHIn ForceAct
Aviation Transport Security Act 2004
38ACCharging of fees related to security passes etc.
Start here
Get a plain-English read of 38AC
Turn the raw legal text into a practical explanation grounded in Aviation Transport Security Act 2004.
#### 38AC Charging of fees related to security passes etc.
(1) The regulations may make provision for and in relation to the charging of fees by a person for activities carried out by, or on behalf of, the person in performing functions or exercising powers under regulations made for the purposes of Division 3, 4 or 4A of this Part in connection with security passes or other identification systems.
(2) Without limiting subsection (1), the regulations may do any of the following:
(a) prescribe a fee by specifying the amount of the fee or a method of working out the fee;
(b) specify that the amount of a fee is the cost incurred by the person in arranging and paying for another person to carry out the relevant activity;
(c) make provision for the charging of fees:
(i) by, or on behalf of, the Commonwealth; or
(ii) by any other person;
(d) make provision for the recovery of fees;
(e) prescribe one or more persons who are liable to pay a specified fee;
(f) prescribe the time when a specified fee is due and payable.
(3) A fee prescribed for the purposes of subsection (1) must not be such as to amount to taxation.