38ACCharging of fees related to security passes etc.

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.