56Determination of fees by disallowable instrument

56 Determination of fees by disallowable instrument (1) This section applies if an Act (the authorising law) authorises fees to be determined for an Act or statutory instrument (the relevant law). (2) The authorising law authorises a fee to be determined in relation to any matter under or related to the relevant law. (3) To remove any doubt, a fee may be determined for a provision of the relevant law even though the provision does not mention a fee. Note The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)). (4) A fee may be determined— (a) by stating the fee; or (b) by setting a rate, or providing a formula or other method, by which the fee is to be worked out; or (c) by a combination of a stated fee and a rate, formula or other method. (5) The determination— (a) must provide by whom the fee is payable; and (b) must provide to whom the fee is to be paid; and

Part 6.3 Making of certain statutory instruments about fees (c) may make provision about the circumstances in which the fee is payable; and (d) may make provision about exempting a person from payment of the fee; and (e) may make provision about when the fee is payable and how it is to be paid (for example, as a lump sum or by instalments); and (f) may mention the service for which the fee is payable; and (g) may make provision about waiving, postponing or refunding the fee (completely or partly); and (h) may make provision about anything else relating to the fee.