55Recovery of fee for action taken

55 Recovery of fee for action taken

(1)  The Secretary may charge a person (the liable person) a fee for any action taken by an authorised officer under a function conferred by this Division if, in the opinion of the Secretary, it is reasonable to do so having regard to the following:

(a) any biosecurity duty or obligation of the liable person under this Act;

(b) any contravention or likely contravention by the liable person of this Act;

(c) any other matter the Secretary considers relevant in the circumstances.

(2)  A fee charged under subsection (1) is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action taken.

(3)  For the purposes of subsection (2) , costs and expenses incurred include costs and expenses incurred by or on behalf of the Crown or, in the case of an authorised officer who is not a State Service officer, the employer of the authorised officer.

(4)  A fee charged under subsection (1) is a recoverable amount that is recoverable from the liable person.