45AFees for licences, effect of power to prescribe

45A. Fees for licences, effect of power to prescribe

(1) A power conferred by a written law to prescribe or impose a fee for a licence includes power to prescribe or impose a fee that will allow recovery of expenditure that is relevant to the scheme or system under which the licence is issued.

(2) Expenditure is not relevant for the purposes of subsection (1) unless it has been or is to be incurred —

(a) in the establishment or administration of the scheme or system under which the licence is issued; or

(b) in respect of matters to which the licence relates.

(3) The reference in subsection (1) to a fee for a licence includes reference to a fee for, or in relation to, the issue of a licence and a fee payable on an application for the issue of a licence.

(4) In this section —

fee includes charge;

issue includes grant, give or renew;

licence includes registration, right, permit, authority, approval or exemption.

[Section 45A inserted: No. 54 of 1997 s. 3.]