34Recovery of costs

34 Recovery of costs

(1)  The Secretary may charge a person (the liable person) a fee for any action taken by, or on behalf of, the Secretary under this Act if –

(a) the liable person was informed before the action was taken that such a fee for the action may be charged; and

(b) in the opinion of the Secretary, it is reasonable to charge the fee to –

(i) cover the administrative costs incurred by the Government in respect of the action; or

(ii) cover the costs of regulatory activity taken under this Act in respect of the action.

(2)  A fee charged under subsection (1)  –

(a) is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action taken for which the fee is charged; and

(b) is recoverable by the Department as a debt due and owing to the Department by the liable person in respect of the fee.

(3)  For the purposes of subsection (2)(a) , costs and expenses incurred in connection with an action include costs and expenses incurred by, or on behalf of, the Crown.